THE REVISED CHARTER AND ORDINANCES OF THE CITY OF DETROIT, PUBLISi'ED BY ORDER OF COMMON COUNCIL. - UNt .DETPTOIT. WILBUR F. STOREY. PRINTER TO TiHE CITY. 1 855. ,! i: NOTE. The present arrangement of the Charter and Ordinances of the City of Detroit has been prepared in conformity with the following resolution, adopted by the Common Council of said city, on the 13th day of February, 1855: RESOLVED, That the Recorder, City Attorney, and City Auditor be a special committee, whose duty it shall be to proceed and collate the Charter of the city of Detroit, and all the present existing, amendments thereto, all the Ordinances of said city now in force or existing, omitting all amendments or Ordinances repealed or not now inforce, together with the standing rules of this Council, and have the same published at the expense of the city, and furnished to each member and officer of the Common Council, with all convenient speed. The faithful discharge of the duty enjoined by this resolution has been no easy task. The acts of the Legislature-, constituting the Charter of the City, and the Ordinances of the Council, passed in pursuance of such Charter, have undergone so many changes and modifications since the last collation of the Charter and Ordinances, in 1848, that much time and labor, and very careful discrinmination, were required to ascertain what remain in force, both of legislative and municipal enactments, and to bring all together in properform and appropriate connection. A constant effort seems to have been maintained, as well in the Legislature as in the Council, for a succession of years, to "ring changes" upon the laws of the city, and to keep its Charter and Ordinances in an unsettled state. The wisdom and expediency of permanent laws, though often imperfect, seems to have been entirely unheeded by the law makers, and the old maxim upon this subject entirely forgotten. A state of confusion and uncertainty, in regard to the powers of the corporation and the laws of the city, greatly to be lamented, has been the result; and a new collation of the Charter and Ordinances had become an absolute necessity. To bring order out of the confusion which has thus existed has been the aim of the Committee, and they indulge the hope that their efforts in this regard have not failed of success. The Committee have aimed at both accuracy and convenience in their arrangement of the Charter and Ordinances, and trust that the results of their labors will commend itself, in both these respects, to the Common Council and officers of the city, as also to the citizens of Detroit, and the Courts of the State. The legislative enactments, constituting the Charter of the city, have been brought together in distinct parts-all provisions relating to a particular subject, so far as practicable, being placed under an appropriate sub-division, without regard to the time when the same were passed into laws. This arrangement, it is believed, will prove of much convenience. The citations at the ends of sections refer to the acts of the Legislature in which such sections are contained. Where no such citations are found at the ends of sections, it will be understood that such sections are contained in the acts referred to in the next citation. Acts of the Legislature, which are not purely amendments to the Charter, but which, nevertheless, eithergrant powers to the city or its officers, or relate in some way to its government, are added to the Charter, under the head of "Acts relative to the City of Detroit." In collating the Ordinances, the Committee have collected and arranged all such as relate to the - same class of subjects under separate titles, and have inserted amendments in their appropriate place. The Ordinances passed during the past few years not having been copied into the book of Ordinances, the collection and arrangement of them has been attended with difficulty. In the haste of proof reading a few errors, chiefly typographical, have been overlooked, which are noticed in the appended "Errata," to which reference is made. DETROIT, August, 1855. f Izo?goz ERRATUM.-The following note should have been placed at the foot of page LO referring to section 22 of Act of 1841, cited on that page: t The official term of the Mayor of the City is one year from the time of his election. See section 3, of Revised Charter, approved April 4, 1827, which having been entirely repealed, except as regards thle limitation therein contained of the Mayor's term of office, is not inserted. 4 4% ".s,., Ir t' P, I TAP.LE OF CONTENTS OF ORDINANCES. TITLE I. Of City Offcers. Chapter 1. Relative to the appointment and duties of certain officers, Chapter 2. Relative to the City Attorney, Chapter 3. Relative to City Clerk, Chapter 4. Relative to City Collectors, Chapter 5. Relative to City Treasurer, Chapter 6. Relative to City Comptroller, Chapter 7. Relative to Street Commissioner, Chapter 8. Relative to City Surveyor, Chapter 9. Relative to City Historiographer, Chapter 10. Relative to City Collector, Chapter 11. Relative to Chimney Sweeps, Chapter 12. Relative to Scavengers, TITLE II. Of Saxes and Assessments. Chapter 13. Relative to the assessment and collection of city taxes,, Chapter 14. Relative to the sale of lands for taxes and assessments, Chapter 15. Relative to paving sidewalks, avenues, streets, &c., Chapter 16. Relative to road tax, Chapter 17. Relative to assessment district, Chapter 18. Relative to the manner of obtaining possession of lots sold for TITLE III. Of Streets and Alleys. Chapter 19. Relative to the use of streets and alleys, Chapter 20. Relative to cleaning streets, Chapter 21. Relative to sidewalks, Chapter 22. Relative to awning and sign posts, &c., Chapter 23. Relative to digging cellars, Chapter 24. Relative to numbering buildings, Chapter 25. Relative to wharves, TITLE IV. Of D)rains and Sewers. Chapter 26. Relative to public and private drains and sewers, Chapter 27. Relative to lateral drains, 105 t 07 108 109 110 112 114 115 116 116 121 122 125 129 134 144 154 154 taxes, 155 160 161 163 165 167 168 169 173 TABLE OF CONTENTS OF ORDINANCES. TITLE V. Of Markets and qales. Chapter 28. Relative to public markets, Chapter 29. Relative to forestalling, Chapter 30. Relative to the sale of meat by the quarter, Chapter 31. Relative to the sale of woodcock, &c., Chapter 32. Relative to the sale of hay and straw, Chapter 33. Relative to unwholesome liquors and provisions, Chapter 34. Relative to the sale of goods at auction, Chapter 35. Relative to the manufacture and sale of bread, Chapter 36. Relative to the sale of fire wood, TITLE VI. Of the Prevention of Fires. Chapter 37. Relative to Fire Department, Chapter 38. Relative to the prevention of fires, Chapter 39. Relative to the erection of certain buildings within certain limits, TITLE VII. Of the Public Health. Chapter 40. Relative to nuisances,Chapter 41. Relative to small pox, Chapter 42. Relative to filling wharves and preserving the purity of the Detroit river, Chapter 43. Relative to grave yards, Chapter 44. Relative to sluices and low grounds, TITLE VIII. Of the Public Peace. Chapter 45. Relative to breaches of the peace and disord Chapter 46. Relative to houses of ill fame, Chapter 47. Relative to injuries to public property, Chapter 48. Relative to injuries to reservoirs, Chapter 49. Relative to a night watch, Chapter 50. Relative to process and proceedings in the to the recovery of fines, Chapter 51. Relative to fees in the Mayor's Court, TITLE IX. Of Stray Animals. Chapter 52. Relative to pounds and certain animals, Chapter 53. Relative to pound keepers, fence viewers, &c., Chapter 54. Relative to dogs, TITLE X. Of Ferries, Hacks and Drays. Chapter 55. Relative to ferries, 'VT 475 179 180 1-81 182 1-83 183 185 187 iss 195 202 207 208 209 210 213 214 215 217 218 218 Mayor's Court ai-id 220 223 226 229 230 231 TABLE OF CONTENTS OF ORDINANCES. Chapter 56. Relative to cabs, hackney coaches, omnibusses and carriages, Chapter 57. Relative to stands of public carriages, &c., Chapter 58. Relative to drays, carts, &c., TITLE XI. Of Places of Recreation and Refreshment. Chapter 59. Relative to ordinaries and groceries, Chapter 60. Relative to ball alleys, billiard and other tables, Chapter 61. Relative to shows, theatrical entertainments, &c., Chapter 62. Relative to taverns and inns, Chapter 63. Relative to the collection of license moneys, TITLE XII. Of Porters, Runners, aund the Arrival and )eparture of Boats and Cars. Chapter 64. Relative to licensing porters and runners, Chapter 65. Relative to the departure and arrival of boats and cars, TITLE XIII. Of the City Poor. Chapter 66. Relative to paupers, TITLE XIV. Miscellaneous. Chapter 67. Relative to canceling the orders, warrants and due bills of the City of Detroit, Chapter 68. Relative to the Revised Ordinances, vit 234 238 239 240 241 242 243 246 246 249 250 251 253 REVISED CHARTER OP THE AS ALTERED AND AMENDED BY SUCCESSIVE LEGISLATURES) DOWN TO AND INCLUDING THiE SESSION OF 1855. PART I. RELATIVE TO INCORPORATION-DOUNDARIESWARDSI ETC. SECTION 1. Be it ~oactced by the Legislative Council of tile Terri- Original boundarias of torjy of lIichigan, That the district of country contained within the the city. following limits, to wit beginning at a point on the national boundary line in the river Detroit, directly opposite, and in a line with the south-west or lower line of the farm now owned by DeGarmlo Jones; thence, in the course of said line, three miles fxom the margin of the said river Detroit; thence north-eastwardly, on a line parallel to the course of Jefferson Avenue, in said city, until the said parallel line shall intersect a line continued from, and on a course with, the division line between the two farms commonly known by the names of the Beaubien farm and the Brush farm; thence along the said division line, so continued, and in the course thereof, to the margin of the river Detroit, and until the said line, on the said course, shall intersect the said national boundary line in said river; thence along the said national boundary line, down stream, to the place of beginning, shall continue to be a city, by the name of the " City of Detroit;" and all the freemen of said city, from time to time, being inhabitants thereof, Freemen of city a body shall be, and continue to be, a body corporate and politic, by the name corporate, &C C I T Y- O F D E T R O IT, REVISED CIIARTEI'R OF of "' The 3layor, Recorder, Aldermen and Freemen of the City of Style of cor- Detroit," and by that name, they and their successors shall be known potation. in law, and shall be, and are hereby made, capable of suing and being sued, of pleading and being imlupleaded, of answering and being an swered unto, and of defending and being defended, in all Courts of Record, and any other place whatsoever; and may have a common 5May have a seal, and may change and alter the same at pleasure; and by the seal. same name shall be, and are hereby made capable of purchasing, holdAsndtholadreal ing, conveying, and disposing of any real and personal estate, for the estate. use of the said corporation. —Revised C/arter, approved April 4, 1827. bAoditional SEC. 1. Be it enacted7 ic., That the district of country contained boundaries. within the following limits, to wit: beginning at a point in the national boundary line, in the river Detroit, directly opposite and in a line with the easterly or upper line of the Brush farm, now being the easterly or upper boundary of the city of Detroit; thence easterly, in the course, and on the said line, until it intersects the rear or northerly boundary line of said city; thence easterly, in the course of said rear or northern boundary line of said city, to a point opposite to, and in the line of the westerly or lower line of the Guoin farm, in the township of Hlamtramck, or if said farm extends so far northerly, then to a point in said westerly or lower line of said farm; thence southerly, in the course, and on said line, to a point in the said national boundary line in Detroit river; thence on the said bound ary line to the place of beginning, be and the same is hereby annexed to, and made a part of the city and township of Detroit; and that the said district hereby annexed and the inhabitants thereof be, and they are hereby made subject to the provisions, and shall be entitled to all the rights, privileges, and franchises of an act entitled "An Act relative to the City of Detroit," approved April 4, 1827; and the by laws and ordinances made and now in force, or that may hereafter be made, in pursuance and under the authority of said act, shall have full force and effect within the said distriet, and from and after the day on which this act is to take effect and be in force, the said dis trict shall not be subject to the regulations or government of said township of Hamtramck.-Act alpproved Mllay 28, 1832.* This act took effect March 31, 1833. 2 THE CITY OF DETROIT. SEC. 1. Be it enacted, sc., That the district of country contained Additional boundaries. within tlhe following limits, to wit: beginning at a point in the national boundary line in the river Detroit; thence easterly, in the course of said river or northerly boundary line of said city, to a point opposite to, and in the line of the easterly or upper line of the Witherell farm, so called, in the township of Hlamtramck, or if said farm extend so far northerly, thence to a point in said easterly or upper line of said farm; thence southerly in the course and on said line to a point in said national boundary line in the Detroit river; thence on the said boundary line to the place of beginning, be and the same is hereby annexed and made a part of the township and city of Detroit, and that the said district hereby annexed and the inhabitants thereof be, and they are hereby made subject to the provisions and shall be entitled to all the rights and privileges and franchises of an act entitled "An Act relative to the City of Detroit," approved the fourth of April, one thousand eight hundred and twenty-seven, and the by-laws and ordinances made and now in force, or that may hereafter be made, in pursuance and under the authority of said act, shall have full force and effect within the said district, and from and after the day on which this act is to take effect and be in force the said district shall not be subject to the regulations or government of the said township of HIamtramck.-Act approved llarchi 26. 1836.* SEC. 1. Be it enacted, ec., That the eastern boundary line of the Withereil Farm detachCity of Detroit shall hereafter be as follows, to wit: beginning on the ci from the city. national boundary line in the river Detroit, directly opposite and in a line with the south-west, or lower line of the farm formerly owned and occupied by the late James Withlerell, deceased, and thence northcastwardly.on the line between the said farm and the farm commonly called the Dequinde farmln, three miles to the northern line of said city.-Act approved February 15, 1842. SEC. 1. Be it enacted, ic., That the district of country contained Addi(tio,,l .' ~~~~~~~~~~boundaries. within the following limits, to wit: beginning at a point on the nationlal boundary line in the Detroit river, directly opposite and in a line with the westerly or lower line of the Jones farm, [so called,.] This act took effect on tlhe first Monday in April, 1836. The section cited is somewhat ambiguous in its terms, thoughl the intention is obvious. By Section 1, of the Act of 1842, next cited, it will be seen that so much of the act of 1836 as annexes the "Witherell farm" to the city, is virtually repealed. 3 REVISED CRARTER OF on private claim number two hundred and forty-seven, and now being ing the lower boundary of said city of Detroit; thence in a straight line northerly inll the course of the said lower line of the Jones farm, until it intersects the rear or northerly boundary line of said city; thence westerly on the line and in tihe course of the rear or northerly bound ary line of private claims number twenty-three [Forsyth farm], num ber two hundred and forty-six, [La Brosse farm], and number twenty four [or Baker farm], to a point on the easterly or upper line of pri vate claim number twenty-four, and known as the Woodbridge farm, in the Township of Springwells; thence southerly, and in the course of and on said upper line of said Woodbridge farm to a point on the said national boundary line in the Detroit river; thence on said boundary line to the place of beginning, be, and the same is hereby annexed to and made part of the township and city of Detroit; and that the said district hereby annexed, and the inhabitants thereof, be and they are hereby made subject to the provisions, and shall be entitled to all the rights, privileges and franchises created or conferred by the several acts of the Legislative Council of the late Territory of Michigan, or of the Legislature of the State of Michigan, relative to the city of Detroit. now in force or hereafter to be created, and the by-laws and ordinances lawfully made and now in force, or that may hereafter be made under the authority of said several acts, shall have full force and effect within the said district from and after the day on which this act is to take effect and be in force: and from and after that day, the said district shall not be subject to the regulations or govern ment of the township of Springwells. SEc. 2. The district by this act annexed to the city of Detroit, shall Eightl Ward be and is hereby established as the eighth ward of said city, and saidcl ward is hereby attached to and made a part of the first assessment district of the city of Dctroit.-Act ct,l79ovecl Fevcb' ary 20, 1849. City divided SEC. 14. The several wards in said city shall be, and they are into Wards. hereby set of as follows: First Ward. The First Ward to embrace that part of the said city situate west of the cenitre line of Shelby: and southl of the centre of MIichligan Ave nue. SecondWard The Second Ward, all south of the cenltres of Monroe and 3ichi gan Avenues, and between the centres of Shelby and Randolph streets. 4 THE CITY OF DETROIT. The Third Ward, all south of the centre of Croghan street, and Third Ward. between the centre lines of Randolph and St. Antoine streets. [The Fourth Ward, all south of the Gratiot Road, between the cen- Fourth Ward ire of St. Antoine and Rivard streets.*] The Fifth Ward, all north of the centre of Michigan Avenue, and Fifth Ward. west of the centres of Woodward Avenue and the Saginaw turnpike. The Sixth Ward, all east of the centre of Woodward Avenue, north Sixth Ward. of the centres of MIonroe Avenue, Croghan street, and the Gratiot road, and west of the centre line of St. Antoine street. [The Seventh Ward, all south of the Gratiot road, east of the cen- Seventh tre of Rivard street."]-Act aclgl,9ovei laIgrcai 27, 1839, as a2zended Ward. by act al-giroved JTaniary 25, 1848. [The Eighth Ward, comprises the Forsyth, Labrosse and Baker Eightlh Ward Farms.-See See. 2. of act approved February 20,1849, ante, p. 4.] PABT II. RELATIVE TO OFFICERS. SEC. 2. There shall be the following officers in and for the said omfficeors of city. city, to wit: one 3ayor, one Recorder, fve (now si.teccnt) Aldermen, one Clerkl, one 3{arshal, one Treasurer, one Supervisor,: one Asses- Mayor, Re c(aordler sor one Collector, (iz eac/c v wac'd,ll) Iandi three (now eigAzft,) Con- Aolernide to be firoeholstables, of whom the MYayor, Recorder and Aldermen shall be free-ders. holders.-Tevisced Clziattcr, cipv-oveccZ A))iZ 4, 1827. Cecrtaini cor Sac. 1. Be it eicacte, Alc., That the corporation officers of the ico,atooltt,ni,it ofT hasit, tlae corpor o ncale'rs elective. city of D)etroiti who are hereinafter named, m'ay hereafter, at the an See Sec. 4 of act approved January 25, 1848. t See act approved June 28, 1851. Sec. 1. 6 of act No. 87, approved February 14,1853, provides that the Assessors in Detroit, shall exejcice the powers and duties of St2.)c,ri'isois. % Act approved January 30, 1850, provides for dividinr ilhe city into three .ssessnienit districts, and for the electioi of one Assessoi for cack district. See pp. 9 and I 0, Laws of 1850. But tile tIill passed at the session of 1855, to aimend tile chabter of the City, repeals the provisions of the act of 1850, in regard to Assess(ors and assessment districts, and provides for tile election of one Assessor in each wia]d in thle city.-See Sec. 10 of said bill, cited post p. 6. 11 See Sec. 2, of act approved Febriary-v 21, 1849. S See Sec. 3, of act approved lmarch'7, 1839, and Section 3, of ac,t approved Febrar y 20), 1849. 5 REVISED CHARTER OF nual charter election, be annually elected by the qualified electors of said city, and by a plurality of votes, viz: One Recorder, one Attor ney, one Clerk, one Treasurer, one Marshal, one Superintendent of the Water Works,* one Physician, one Director of the Poor, one Sex ton, one Clerk for each public market, one Surveyor, three Inspectors of Firewood, and as many other such Inspectors as shall from time to time be directed by the Common Council; two Weigh Masters, and as many other such Weigh Masters as shall from time to time be directed by the Commlon Council. One collector SEC. 2. There shall be elected annually, at the time aforesaid, one sandor tsobpervi- Supervisor in and for each road district of said city, and one Collecelected in ealch Wa, rd. tor in and for each ward of said city. SEC. 7. The provisions of the Charter of said city, respecting the Provisions of charter to ap- qualifications of electors and officers, the notice, conduct and deterply to election of above mination of election and vacancy in, and removal from office shall officers. I apply to elections held under this act.-Act aplpproved Feb. 21, 1849. ne conta- SEc. 3. There shall also be elected in each of the said wards, anOne constablecteb n ually one Constal and the sevent Constables thus chosen shall be elected i nually, Constable, each Ward. the Constables for said city in lieu of those now provided by law.-Act approved 2Iarceh 27, 1839. SEc. 9. The official term of the Assessor to be elected in said One assessor to be elt,,e(I city at the charter election for the present year, 1855, shall expire on in each Ward the first Monday of March next thereafter; and at the annual char ter election held in said city in the year 1856, and every year there after. there shall be elected by the qualified voters of each ward in said city one Assessor for each ward, who shall hold his office until the first Monday in MIarch next succeeding his election, or until his successor shall have been duly qualified; and each person elected to the office of Assessor shall take and subscribe the usual oath of Their oath and bond. office, and enter into a bond in such sum, and with such sureties, as shall be directed or approved by the Common Council: P'ovided, however, That the person elected to the office of Assessor in said Proviso. city at the chlarter election for the year 1854, shall be the Assessor of the ward in which he shall reside until the expiration of his pre I The Water Cominissioner,s now appoint their own Si:iperintendenit. t The Section, as originally adopted, is thus amnenided by Section) 3 of act approved January 25, 1848. By the addition of the Eighth Ward the number of Constables is increased to cight. 6 TIlE CITY OF DET1ROIT. sent term of office; and no Assessor shall be elected in such ward until the charter election for the year 1857, and the Assessor elected at that election in such ward shall enter upon his duties on the expiration of the term of the Assessor elected in 1854. —Act algproved February 12, 1855. SEc. 3. The Common Council may appoint a suitable person as Common Council miay City Auditor, who shall hold his office for and during the term ofpp aP~anuditor city auditor. three years, to be removed only by a vote of two-thirds of all the members of said Council, whose duty it shall be to audit all accounts Iis duties. and claims presented against the city, and examine and adjust, at least once in every three months, the accounts of all officers of said city, in such manner as the Common Council shall direct, and shall Ills rosupenreceive for his services such compensation as the Common Council satio.n. may from time to time allow. SEC. 4. The said City Auditor, previous to entering upon the duties of his office, shall take and subscribe an oath for the faithful dis- Iris oath. charge of the same, and also enter into a bond in such a sum, and with Iis bond. such sureties as the Common Council shall approve of.- Act approved Marchi 11, 1844. SEC. 40. That hereafter the office of "City Auditor" shall be Title of"Aug ditor" ehang and suc officr shal perfom suched to "Comip~ called " City Comptroller;, and such officer shall perform such duties trdoller."~m as the Common Council shall prescribe by ordinance, in addition to His duties enlarged those now required to be performed by law. It shall he competent for the City Comptroller, in the discharge of his duties, whenever he shall deemn it necessary or advisable, to administer oaths, and to ex- Mayadminis ter oaths. amine all parties, claimants and witnesses, in reference to all claims and demands preferred against the Corporation of Detroit, or said Common Council; and any person who shall wilfully swear falsely in Persons swearin regard to any such matter or claim shall be deemed guilty of perjury, alse bere Comptroller are g ilty oI and shall be punished as in other cases of perjury, by the laws of this pergjury.t f State. Hi-Is term of office (on the expiration of the appointment of Comptrollers term reduced the present incumbent) shall be reduced to two years; and he shall to two years. be subject to removal from office by a majority of all the members May be reelected of said Common Council.-Act approved IDebruary, 12, 1855. moved by Council. As the provisions of the act approved January 30, 1850, relative to assessors and assessments are to be of no force after the year 1855, it has not been deemed necessary to insert them here. They may be seen on pages 9 and 10, Laws of 1850. '7 .P~EVISED CHARTE[ OF Assistant SEc. 9. Whenever to the Commonll Council it shall appear neecesMarshal may be appointed sary, they may direct the Marshal of said city to nominate an Assis tant Marshal, and when the person so nominated shall have been apris bond. proved by the Council, and shall have filed such security as the Counilis powers. cil shall direct and approve, he shall have full power and authority to do and perform all things that may now be done and performed by said Marshal. The Common Council shall have power to prescribe satisompen- the compensation of said Assistant Marshal, and may remove him sation., ma from office whenever in their judgment it shall be proper so to do, by M~ay be renmoved by a vote of a majority of the members present at any meeting of the majority of Counocil. Council.-Act approved JTatuag'y 30, 1850. Conil ay SEc. 3. The Common Council of the city of Detroit is hereby Council may 1ppoiint a collector. fully empowered and authorized to appoint an officer to be called a City Collector, who shall hold his office for the term of one year, whose powers, duties and compensation shall be prescribed by said Commnon Council. Such Collector, before entering upon the duties of his office, shall take and subscribe the usual oath of office, and may enter into a bond in such suat as the Council may direct, and with such securities as they may approve.-Act approved Feb. 12, 1855. School SEc. 2. In lieu of the School Inspectors now required to be eleeInspectors to be elected. ted in said city, there shall be twelves School Inspectors, to be elected in the manner following: At the next annual charter election, there shall be elected in each ward of said city, two School Inspectors, one of whom shall hold his office for two years, and the other for one year; and at every annual (clharter) election thereafter, there shall be elected in each ward, one School Inspector, who shall hold his of'T-helr servi- fice for two years. No School Inspector shall be entitled to receive ces to be .GratUitoUS. any compensation for his services. Vacancy in SEC. 3. In case of a vacancy in the office of School Inspeetor, 4.ice, how nlled. the Common Council of the city of Detroit may fill the same, until the next annual election, when, if such vacancy happen in the first year of the term of said office, the electors of the proper ward may choose a suitable person to fill the remainder of such term: Provided, The City Clerk shall give notice of such vacancy prior to such dlection, as may be required in other cases. The addition of two wards to the city since the passage of the act in which this section is contained, has increased the number of Inspectors to sixteen. 8 T'HE CITY OF DETROIT. SEc. 4. Every person elected to the office of School Inspector, who, Persons elected and without sufficient cause, shall neglect or refuse to serve, shall forfeit refuseing tyoe In ~~~~~~~~~~~serve maay be to the board of education for the use of the library, the sum of ten fined. dollars, to be recovered in an action of debt in some competent court: PProvided, no person shall be compelled to serve two terms succes- Proviso. sively; and the said board shall make all necessary rules and regu- Board may make rules lations relative to its proceedings, and punish by fine, not exceeding abnd Ptnh hers. five dollars for each offence of any member of the board, who may, b without sufficient cause, absent himself from any meeting thereof, to be collected as they may direct.-Act relative to Free Sc/tools, ap provel February 17, 1842. SEC. 1. Be it enacted, ic., That there shall be a Police Justice PoliceJustice to be elected. in the city of Detroit; the first election for said Justice shall be held on the first Monday of May next, in the city of Detroit, to be con ducted in the same manner as Justices of the Peace are elected at the charter election of said city; and the first incumbent of said office Term ofofnce shall hold his office from the time hlie is elected till the 4th day of July in the year 1854; and at the charter election of said city, and 11ow-often to be elected. at the interval of every four years, the said Justice shall be elected in the manner provided for the election of Justices of the Peace in said city, to hold his office for four years, the term of which shall commence on the fourth day of July of the year in which he is elected; and in case of a vacancy occurring in the said office of Police Justice, the ouncil to' order special Common Council shall order a special election, giving twenty days' election for, when office notice thereof. And said Police Justice shall, before entering upon vacant. the duties of his office, take and subscribe the oath prescribed by the Oath of Po lice Justice. Constitution of this State, before some officer authorized by law to administer oaths, and deposit the same with the Clerk of the county of Wayne, who shall file and preserve the same in his office.-Act approved April 2, 1850. SEC. 5. [Last part.] The Council may from time to time, as they council may designate a may deem requisite, designate the Mayor, Recorder, or any one of Police Magis. - trate. the Aldermen, a Police Magistrate, and he shall possess all the jurisdiction and exercise all the powers and authority in criminal Iis powers. cases, of a Justice of the Peace, or Police Justice, of said city) in addition to the powers heretofore or hereafter given by this or any other act.-Act approved'ebruarry 12, 1855. 9 1LEVISED CtIAlt'TEIL OF Justices of SEc. 1. Be it enacted, Ac., That in the township of Monroe and the Peace. the city of Detroit, two additional Justicees of the Peace shall be chosen, in the manner directed in the revised statutes of this State, and such additional Justices shall be classified as near as may be, in the manner prescribed in said Revised Statutes, and shall take the same oath and file the said bond, and have the same powers, and be subject to the same liabilities, as provided in Section 6, Chapter first, Title fourth and Part first of the Revised Statutes. - Act a)l)rovedc Feb. 29, 1840. Idesu. SEc. 104. (Last ~cjrt.) Two additional Justices of the Peace shall continue to be chosen in the township of MIonroe and two in the city of Detroit, in the same manner, and with the like powers, and sub ject to the same duties and liabilities as provided in this chapter, in relation to election, powers, duties and liabilities oe Justices of the the Peaee. —.ev. Stat. 1846, clt. 16. Recorder to SEC. 8. That in case of the absence, sickness or death of the act as Mayor n certain Mayor of said city, the Recorder of said city shall be, and hereby is cases. authorized to do and perform all the duties and trusts al,rtaining to the said Mayor.-Pcvised Clarter, al})Iroved April 41 27. is SEc. 15. The Recorder shall be chosen as heretofore the Mayor larivileges, privilege. andAldermen,* and shall be entitled to a seat withii, Commion Council, for the purposes of deliberation, and of acting co-mmittees, but shall have no vote therein, exeepIt when the Me) shall be ab sent or his office vacant, in which ease hle shall be tlh, eting Mayor as heretofore.-Act approved llIarclb 27, 1 839. Mly exercise SEc. 1. Be it enacted, ic., That the Recorder o he city of Depowers of circuit Court troit shall have and exercise the same powers as are L - v exercised by Commissioner. ner. the Circuit Court Commissioner of the County o? WVayne. Recorder's SEC. 2. The Recorder is authorized to dein id and receive thle fees when actinng,as same fees for the services so rendered as are now y law permitted to sioner. soner. be demanded and received by the Circuit Court J vimissioner. -Act approved Al)ril 2, 1849. Officers to SEC. 22. The Mayor, Recorder7 Aldermen, ssessors and Concontinue in office till stables, and all other officers of said city, electe' from time to time, successors are qualified. shall continue in office until their successors, respectively, are elected and qualified.-Act au})proved April 13, 1841. The Recorder is now elected bv the fieemen. See Sec. 1 of act approved l'ebruary'21, 1849. Oited ate, p. (S. 10 THIIE CITY OF I)ET'ItOIT. Sec. 8. Thle term of said offices shall be one year, to commence Term of offi ens. and be computed from the time assigned for holding the annual charter election, and they shall continue in office until their successors shall be elected and qualified: Provided, That the term of the Attor- Proviso. ney and Clerk shall commence and be computed from the first Monday in April after such election. -Act approvedl eb. 21, 1849. SEC. 2. The official terms of the Mayor and Recorder elected at When term of certain the charter election for the present year, 1855, and also of the Alder- elecrttire o cers to expire, men elected at the charter election for the year 1854, shall expire on the second Tuesday of February, in the year 1856 and the official term of the Aldermen elected at the charter election of the year 1855 shall expire on the second Tuesday in February, 1857; and the official terms of all other officers elected at the charter election for the year 1855, shall ex,:pire as soon as their successors, elected or appointed in the year 185( shall have been qualified for the discharge of their duties.- Act al-proved February 12, 1855. SEC. 4 That all ministerial officers of the city of Detroit shall be All ministeri al officers rehereafter sbointed by the Common Council t of said city, and all movalb)leStby the Couincil such officeo His may be hereafter appointed, shall be removable at the pleasure o We said Common Council.-Act app)roved April 12, 1827. SEC. 11'a_he Coimmioa Council, by a vote of two-thirdsl of all the Idem. members c -].", % may remove any ministerial officer of said city, for sufficient ca' "'and the proceedings in that behalf, shall be entered on their journal a' ovidedl That the Commuon Council shall previously Proviso. cause a copy the charges preferred against the officer sought to be removed, at. notice of the time and place assigned for hearing the same, to be sern ed on him, ten days at least, previous to the time so assigned.-Act ty,:'gve,- iFebgitary 21, 1849. SEc. 45. That II city officers shall be subject to be removed TMajoiorty Council may firom office by a v( of the majority of all the members elected of remoe city officers. the said Common':Council, for such cause as they may deem suffi- Vacancies to be filled for cient. All vacanei as shall be filled by said Common Council for the balarce of term. This proviso is it. effect repealed by section 2, of act approved February 12, 1855, next ci':ed, so far as relates to officers elected in 1855. t Most of the ministerial officers of the city are now elected by the freemen. See ante, pp. 5 and 6. t By the section next cited firom the act of 1855, it will be seen that all city. officers are liable to be removed on the vote of ta najority of the Council. I1I R IEV_-lSED CHARTlR t OFJ residue of the unexpired term of office.-Act approved Feb'uary 12, 1855. Certain per SEC. 6. No person shall be eligible to any office in said city, sonsainperbletooeffiiel- except the offices of scavenger and chimney sweeper, unless he is able to read and write the English language and if any such person unable, to read and write shall hereafter be appointed or elected to any office it shall be the duty of the Common Council to declare said office vacant, and to appoint some competent citizen to fill and perform the duties of said office.-Act approved F6eb'uag-y 12, 1855. Com. Couicil SEC. 2. The Common Council of the city of Detroit are hereby may dispense with services authorized to dispense with the service of any particular officer of of any officer appointed by said city appointed by said Council, and require the duties of his ofthem. 0 fice to be performed by such other officer as they, by resolution, or ordinance may designate.-Act apfproved -llarcA 11, 1844. An officer SEC. 3. If any officer has removed, or shall remove, from the removing from mhi ward for which he may have been elected or chosen, such removal ward vacates his office. shall be deemed a vacancy in such office, and whenever satisfactory evidence of such removal shall be presented to the Common Council, they shall hear the same and decide thereon according to the rights of the case.-Act approved YIar'c/ 4, 1843. Co. Council SEC. 9. The ilayor, Recorder and Aldermen of the said city, to efillr vacan- in Common Council convened, shall have power to fill all vacancies cies in offices that may happen in any of the offices established by this act, so often as the same shall accrue, by death or removal from the city or other wise; and all officers so appointed to fill vacancies as aforesaid, shall be notified, qualified and take upon themselves the said office to which they may be severally appointed, in the same manner, and under the same liabilities as is herein before provided, in cases of regular annual Proviso. elections: Provided, That no person so appointed to fill such vacant office, shall hold the same longer than until the next annual election of charter officers.-Revised Char-ter, approved April 4, 1827. Powver to fill SEC. 12. The Common Council shall continue to have the same vacancies continued. power they now have, to fill all vacancies that may happen in any ministerial office; and the person appointed to fill such vacancy, may continue in office for the period which his predecessor had to serve: Council may make tempo- and in case of temporary inability, by reason of sickness or otherwise, rary appointcertsin of any officer, to perform the duties of his office, the Common Councertain cases. 12 TIIE CITY OF DI)ETOIT. oil may appoint some suitable person in his place, who shall discharge the duities of such office during the inability of such officer.-Act a}1)roved -Vebruary 21, 1849. SEc. 10. That the Treasurer, Collector(s,) Marshal and Consta- Treasurer, Collectors, bles shall, respectively, before they enter upon the exercise of the &C., to give bonds, duties of their respective offices, give such security, for the faithful discharge of the trust reposed in them, as the Mayor, Recorder and Aldeimen, in Common Council convened, shall direct and require.Revised Charter, alproved April 4, 1827. SEC. 15. The Common Council shall have power at all times. Additional securities whenever they may deem it for the interest of the public, to require nqa,y be re-f quirecd of ofthe officers under them, or over whom they may have control, or ncers. whose bonds they have approval of, to give such further sureties, in such further sums as may be requisite, in their opinion, for the public good.-A}pproved April 13, 1841. SEC. 9. Said officers shall take and file the oath of office, and give Officers oath bonds and bonds for the performance of their duties agreeably to the law, or tcompensa tion. the by-laws, ordinances or resolutions of the Common Council, as the case may be; and the compensation of said officers shall not be diminished after their election and during the term for which they were elected.-Act aplproved Febizuairy 21, 1849. SEC. 44. It shall be competent for said Common Council, from Council may require new time to time, as they may deem it expedient or necessary, to exact beons of oi cers. new and additional bonds from any city or corporation officer, whether elected or appointed under said city charter, or this act, and in such sum or sums as said Council shall prescribe; and in the event of any such officer failing to give such security, his office may be declared vacant, and said Common Council may proceed to fill such vacancy for the residue of his term.-Act Approved Feb)ruary 12, 1855. SEC. 10. Said officers respectively shall perform such duties and Powers and duties of be subject to such liabilities, as are, or may be, from time to tilme, omcers to be prescribed by, prescribed by law, or by the by-laws, ordinances, or resolutions duly Counl passed by the Common Council, as the case may be. SEC. 14. The Common Council shall have power to prescribe the Idem. powers, duties and compensation of all ministerial officers of said city, in cases where the same are not prescribed by law.-Act approved Feb2ruary 21, 1849. 1i) l4EV'VISEI') Ci[Ai1 0TI') Ol.' MIember of SEC. 7. Any law now in force, whlich prohibits the same person Council may o9,1so be school..C einspector from holding the offices in said city, of member of the Common Coun cil and of the Board of Education, is hereby repealed, in respect to said offices, and any Alderman or School Inspector, who shall remove from the ward in which he was elected, shall thereby vacate his office. Act alglgroved 3Idclh I16, 1847. f PARiT III. RELATIVE TO ELECTIONS. SEc. 1. Be it enacecd, A.c., The city shall be divided into sixk ,election of wards, in the manner hereinafter mentioned, each of which shall elect m~mbers of Council. onc as members of the Commono Council two Aldermen and from and after the first MIonday of Mlarch, eighteen hundred and forty, each Tefrmofosfflee ward shall elect annually one Alderman, who shall serve for two .of Aldermen. - years. They shall also elect the other city and township officers, which by law are now elective, in the manner hereinafter provided. vacancy in In case of a vacancy in the office of Alderman, it shall be the duty office of A1dermen. of the Commnon Council to give notice of at special election, to be held by the freemen- of the proper ward, to fill such vacancy, which notice shall designate the time and place in saide ward of holding said elec tion, as hereinafter mentioned. When char- The charter election shall be held on the first MIonday of 3Iarcht in ter elections to be held. each year, at such places ill the respective wards as shall be desig nated by an order of the Cormmon Council, at least eight days preNotice of vious thereto, notice of whilch shall immediately or within three days election to be published. from the date of such order be given by the city clerk by publication in the newspaper published by the city printer.-Act czpp}roved Malarc/b 27 1839. Time of hold- ig charter el, tions SEC. 1. f'he people of the State of 2,lici7t,al enact: That so changed to lst'lnuesday much of an act of the Legislature of this State, entitled "An act in February. relative to ward elections in the city of Detroit, and for other pur poses," approved on the twenty-seventh day of March, 1839, as re There are now eight wards. See Act approved February 20, 1849, cited anteo p. 4. Also acs approved January 25, 1848. t hIereafter charter elections are to be held on the first Tuesday in February. See Section 1 of Act approved February 1855, cited next. 1 4 TiE CITY OF DETRPOIT. :uires the charter election in said city to be held on the first Monday inl Mlarch ill each year, be, and the same is hereby repealed: Provided, That such repeal shall not apply to the charter election for the present year, 1855; and from and after the present year, the charter election in said city shall be held on the first Tuesday in February in each year, and shall be conducted in all respects in conformity with the laws now in force relative to charter elections in said city. The ward Inspectors of Elections in said city, or a majority thereof, shall, on Offcial call vass to be the Saturday next succeeding each charter election, after the present',atrdy afyear, at three o'clock, P. M., meet at the Common Council room in ter election. said city, and then and there proceed to open and canvass the returns, and declare the result of such election, in the manner heretofore required and prescribed by the laws relative thereto now in force.Act approved Febriary 12, 1855. SEc. 2. At all city elections, every freeman shall vote in the ward Freemien to vote in warn where he shall have resided for ten (thizty*) days next preceding the where they, bave resided day of election, otherwise he may vote in the ward from which he re-30days. moved. The residence of an elector under this act, shall be the ward in Residnerca of electors. which he boards, or takes his regular meals. SEC. 11. The votes for the offices of MIayor, Justices of the Peace Votes for Mayor, Jusand other city and township officers, shall be given by the freemen in tices, &C. the wards in the manner provided for in the second section.-Act app)roved Mfarc/z 27, 1839. Src. 5. At every ward election after the annual charter election Who to he insl)ectors of for the year eighteen hundred and fifty, the ward Inspectors shall election. consist of the two Aldermen of their respective wards, and a third person, to be chosen, viva voce, by the electors present, fromi their number at the time of opening the polls, who shall be duly sworn to a faithful performance of their duties; and if. from any cause, either or both of said Aldermen shall fail to attend any such election, his or their places may be supplied for the time being, by the electors present, who shall elect any of their number, virat voce.-Act approved Janitcary 30, 1850. Voters chl SEc. 13. At all charter elections, if a vote shall be challenged, lenged to be : Sc. SecAiL a5. app oe Actpil 13, 1. 15 REVISED CHARTER OF the Inspectors of election shall be authorized to swear or affirm th* person whose vote is challenged, to answer such questions as may be put to him touching his qualifications, and the said Inspectors shall Electors not decide from the examination, as to the legality of such vote. All to vote in more than false swearing under this or any other act relating to the qualification of electors in said city, is hereby declared to be perjury, and punishl able as such. And if any elector shall vote in more than one ward, or more than once in the same ward, at any election in said city, he shall be subject to indictment. and on conviction, punished by fine not exceeding five hundred dollars, or imprisonment at hard labor for a period not more than three years, or both, at the discretion of the court.-Act apphroved ]Mfarclb 27, 1839. How ward SEC. 10. The said ward elections shall be conducted as heretofore elections to be conducted or as near as may be in all respects, and the said Inspectors shall, on Inspectors to canvass votes canvassing the votes, certify a full and true return thereof, under their and make returns within hands, to the Clerk of the said city, carefully sealed up, together with 24 hours after close of polls. the poll lists and ballots, within twenty-four hours after the closing of the polls; and thereupon the said ward Inspectors, or a majority of them, shall, on the Thursdays next succeeding such charter election, General at three o'clock, P. iI., meet at the City (Clerk's office or Common canvass. Council room, and proceed to open and canvass the said returns, and declare the result of said election,-Act approved BIarch 27, 1839. Tn cases of SEc. 13. If the electors shall, at any charter election, fail to elect tie votes at elections, any city, district or ward officer, by reason of two or more persons what to be done. having received an equal number of votes, the Common Council shall, as soon as may be, cause the names of each of such persons to be written on separate slips of paper, and deposited in a box or other proper place, and the person acting as presiding officer of the Coun cil, shall draw out of said box or other place, in the usual manner of determining by lot, one of said slips, and the person whose name is thereon shall be deemed entitled to hold the office for which he received lroviso. said votes, in the same manner as other officers duly elected; Pro vided, however, That in lieu of the foregoing proceedings, the Common Council may order a new election to be held, and if so ordered, no Hereafter official canvass to be hleld on Saturday after election. See Sec. 1 of Act ap-proved Feb. 12, 1855, aite, p 15. I (-i THE CITY OF DETROIT. tice thereof shall be given, and the election conducted, as in other cases.-Act approved February 21, 1849. SEC. 4. That it shall be the duty of the Clerk of said city, so soon Clerk to no tify officers of as practicable after the closing of the polls of said election, to notify their election the persons elected to fill the above offices respectively of their elec tion, and that the said officers so elected and notified as aforesaid, shall, within fifteen days thereafter, take an oath or affirmation, before some person duly authorized to administer oaths, faithfully and im- Officers to take an oath. partially to execute and discharge the duties of their said offices; a certificate of which shall be given to the person taking the oath, and by him filed with the Clerk of said city. SEC. 6. That if any freeman of the said city, who shall be elected Personselec ted refusing to serve may as aforesaid to any one of the aforesaid offices, which are elective, by bes fiened.a the freemen of the said city, shall, after having notice of his said election. refuse or neglect to take upon himself such office, it shall be lawful for the -Mayor, Recorder and Aldermen, of whom the Recorder shall be one, or a majority of them, in Common Council, to impose upon every person so neglecting or refusing, not having a sufficient excuse, such reasonable fine as they shall deem fit, not exceeding twenty-five dollars: Provided, That no person be compelled to serve Proviso. two years successively; and every such fine shall be levied by distress How fine recovered. and sale of the goods and chattels, by warrant signed by the Mayor, under the seal of the said city, together with the costs and charges of such distress and sale, rendering the surplus if any, to the owner; or the same may be recovered by action of debt, in any court within the said city, having cognizance thereof, and shall be recovered and received by the Mayor, Recorder and Freemen for the use of the said city.-Revised Charter, approved April 4, 1827. SEC. 12. The mode of conducting all state, district and county State,district and county elections in said city, shall be in the manner herein provided in refer- heleOwcttons how to be ence to city officers, except that the returns thereof, by the said ward conducted. Inspectors shall be made to the County Clerk, and the same proceedings had, or as near as may be, as are now provided by law for the return of votes by township Inspectors of Election. —-Act approved March 27, 1839. SEC. 30. That the Mayor or Recorder and Aldermen, in Common Council, shall have authority to make out and keep, an alphabetical 3 17 REVISED CHARTER OF A list of free- list of all the freemen in the said city, qualified to vote at any charter men to be made and kepte -and election, and any freeman whose name may not at any time be found had at the olls. entered on said alphabetical list, shall have a right to appear at any Council so assembled, or at any session of the Mayor's Court, and show, before such council or court his qualifications as a freeman, and his name shall be entered on such alphabetical list; and it shall be the duty of the Clerk of said city, to have the said list at the polls of every election, and no person whose name is not found on said list shall be entitled to vote, unless he prove his qualifications.-Revised Charter, approved April 4, 1827. PART IV. RELATIVE TO COMMON COUNCIL.-ITS POWERS, ETC. Council-of SEC. 1. Be it enacted, &c., The Common Council of the city of whom to consist. Detroit shall consist of a Mayor, a Recorder and sixteen Aldermen; and the Mayor or Recorder, and a majority of the Aldermen shall Quorum. constitute a quorum.-Act approved June 28, 1851. In absence of SEC. 4. In case of the death or absence from the city of both the both Mayor and Recorder Mayor and Recorder, the Common Council may at any regular sesan Alderman :may preside at session of sion or special session, called by three members, and notified to the the Council. members of the Council by the Clerk, appoint one of their number to preside at such session, and such session shall be taken to be as legal ly organized as if the Mayor or Recorder were present.*-Act ap proved March 16, 1847. Majority of SEc. 4. In all cases where any act or thing is authorized or requorum may er to be in force 8 mt. quired to be performed in virtue o e of the several acts now in force rela tive to the city of Detroit, by the Mayor, Recorder, and Aldermen, in Common Council convened, or by the Common Council, it shall hereafter be construed to intend and mean, that such act or acts may and shall be performed by a majority of the quorum present of such membcrs.-Act approved April 22, 1833. I This Section taken from the Act of 1847 seems never to have been expressly repealed, and is'therefore inserted, though it is evidently'in conflict with Sec; 1. of the Act of 1851, cited above. If it is not in force, it should certainly be re-enacted, for the contingency may often arise when it may be necessary to sake adzvantage of its provisionTi '18 THE CIT-Y OF LETIItOIT, SEc. 11. That the Mayor, Recorder and Aldermen of the said Mayor, Re 7whe ~~~~~~~~~corder and city, whereof the Mayor or Recorder shall always be one, shall be called Aldermen to be Common Council of the Common Council of the city of Detroit. and they, or a major part Detroit. of them, shall have power to make by-laws and ordinances for the preservation of the health of the said city, and for the preservation of the salubrity of the waters of the Detroit River, within the limits of Their powers relative to said city; relative to the opening of sluices in all wharves; relative water, sluices low grounds, embank to the filling up of all low grounds or lots, covered, or partially covered, ments, &kC. with water; relative to the embanking of the margin of said river, within said limits. And the said Common Council shall have full power and authority, in the manner prescribed by this act, to assess the proportion that each of the owners, occupiers or proprietors of such lots or wharves, adjacent to said river, shall pay for filling up such sunken lot or lots, covered or partially covered by water, or for making such embankments, or cutting such sluices; and if the said owners, occupants or proprietors of said lots, grounds, or wharves, shall not, within ten days after being thereunto required, enter into bonds, with approved security, conditioned for the filling up of said lots, or making the embankments or sluices, agreeably to the directions of, and within a period of time to be specified by, the said Common Council, said Common Council may order and direct such grounds, or lots and May order lots to be wharves, to be sold at public auction, or otherwise, for such number sold, when expense of of years or term of time as will pay all expenses of filling up such filling them of years up has not lots, or of making such embankments or sluices: and such sale shall been paid. vest a full and legal title in the purchaser, for such number of years as the same shall have been sold for, and shall be so taken and deemed in all courts of law and equity in this Territory: Provided, Proviso. aIlways, That such sale shall in no case exceed the period of twentyfive years:* Provided, also, That such grounds or lots, and wharves Further proviso. shall not be leased or sold until the same shall be first filled up, and the embankments and sluices finished and completed, as contemplated in the several provisions of this act: Provided, further, That if the owner of any lot so sold, or his attorney or agent, shall within thirty days* from the time of such sale, pay to the Common Council the Owner may redeem withcharges or expense assessed on his lot so sold, with the interest there- in 30 days. The time limited by the original act thus altered by an amendatory act, approved April 12, 1i827. 19 ItEVISED CHAIRTEI (OF on, and the cost, it shall be the duty of the Common Council, to order the City Marshal to put the said owner in possession of his said lot, within six days thereafter; and it is hereby made the duty of the said Marshal to execute such order. and to call to his assistance so many citizens as may be necessary for that purpose; and the said Common Council shall have full power and authority, and they are hereby fully authorized and empowered, to pass by-laws and ordinances relative to Council to the duties and powers, and fees of the Marshal, Supervisor, Collector, pass by-laws relative to Assessors, Constables and Clerk of said city, relative to the time and the duties of certain officers-relative manner of working upon the streets, lanes and alleys of said city; re to work on streets, t&C.- lative to the time and manner of paying moneys and commutation of relative to thpplityingth labor upon streets, lanes and alleys, and the manner of collecting and water &c er&c expending the same; relative to the supplying of the said city of Detroit with pure and wholesome water,* by contract or otherwise, and to grant such exclusive right to any person or persons willing to con tract for supplying water as aforesaid; or otherwise to accomplish said object in such manner as to said Common Council may be deemed most advisable; and said Common Council shall also have exclusive power and authority, by by-laws or otherwise, to protect such worlks for the supply of water as aforesaid, from injury or improper use or application, and also to protect the rights of any such contractor, for supplying water as aforesaid; and the said Common Council, or a major part of them, shall have power to make by-laws and ordinances Powers of relative to the public markets within the said city, so as such laws and Council relative to mar- ordinances shall not extend to the regulating or fixing the price of any kets. articles or commodity which may be brought for sale within the said Nuisances. city; relative to nuisances within the limits of said city; relative to chimeneys. the cleaning of chimneys and protecting the said city from fire; relaPUbic tive to the manner of warning the meeting of the freemen of said city, meetings. and the Common Council thereof, and the time and place where they City watch. shall be holden; relative to a city watch; relative to the assize of Assize and weight of bread, as to the weight of the loaf relative tD bonds and securities breads of t oaf cBernsds of offi- and recognizances to be given by Constables, Collectors, Treasurers, or any other offieers of the said city, for the faithful discharge of the Public lights. duties of such officer or officers; relative to the public lights or lamps * The powers of the City in regard to the Water Works have been transferred to the Board of Water Commissioners. See Act approved February 14, 1853, cited among " Acts relative to the city of Detroit." 20 THE CITY OF DETROIT. of said city; relative to the restraining of swine from going at large; logs. relative to the overseeing and support of the poor; and relative to The poor. anything whatsoever that may concern the good government and Thegood In ~~~~~~~~~~~~~~~~~government police of the said city: Provided, such laws or ordinances shall anhd police of h City. not be contrary to, or inconsistent with, the laws of the United States, Proviso. or of this Territory; and the said Common Council may ordain and prescribe such fines and penalties for the breach or non-performance May fix fines &C. of each and every of the said by-laws and ordinances, as to them shall seem proper. SEC. 12. That the Common Council shall be summoned and held at such times and places in the said city, as the Mayor, or in case of Mayor (or Recorder) to fix time and his sickness or absence, the Recorder of the said city, shall appoint; fiplaceofmet ing, and and the said Common Council shall have the power to impose such cnc""i l may fine members reasonable fines for not attending the same after due notice given for for non-at tendance. that purpose, and without reasonable excuse given for absence, on the officers or members thereof, as to the major part of them shall seem fit, not exceeding two dollars and fifty cents for any one default, to be levied, collected and recovered for the use of the Mayor, Recorder, Aldermen and Freemen, in the same manner as is directed by the sixth section of this act. SEc. 13. That the Mayor, Recorder and Aldermen of the city of Power of Council to Detroit, or a majority of them, be, and they are hereby authorized to alter the plan of the city. cause to be surveyed, all that part of the said city lying northerly of Larned street; westwardly of Woodward Avenue; southerly of the outlots, and easterly of the Macomb line, (so called;) and, also, all that other part of the said city lying northerly of Larned street westerly of the Brush line, (so called;) southerly of said outlots, and easterly of said Woodward Avenue, or so much thereof as they may deem expedient, and to re-lay out and divide the same into lots, streets, lanes and squares, so that every street running easterly and westerly shall be parallel to said Larned street, and every street running northerly and southerly shall be parellel to said Woodward Avenue, or as nearly as practicable. SEc. 14. That it shall be competent for the Mayor, Recorder and To assess the value of the Aldermen of the said city of Detroit, or a majority of themn, and they, lots affefcthe by such altel or a majority of then, are hereby authorized to provide, by an ordi- ration, and to assign o the r na,nce to be by them passed, for assessing the value of all the lots, lots, &c, '2 I REVISED CHIARTER OF owned by individuals or corporations, or held in trust by the Gover nor and Judges of the Territory of Michigan, under an act of the Congress of the United States, approved in April, 1806, in that part of the said city which they, or majority of them, shall cause to be sur veyed, re-laid out, and divided as aforesaid, and for assigning to the owners of such lots, other lot or lots, to the value assessed, if such owner or owners shall consent to take such lots, and for the payment Proviso. of said value, or any part thereof, in money: Providled, That a right of appeal be allowed to the Circuit Court of the County of Wayne, and said Court shall cause an issue to be made up, and the amount of damages to be assessed by a jury, from the decision on the value of any lot, if the said appeal shall be prosecuted within one year after such value shall be assessed, and not otherwise. Owner of lots SEC. 15. That when the value of any lot or lots ascertained and to assign themn on pay- determined pursuant to the provisions of the ordinance to be passed ment or tender of value thereof. as aforesaid, or so much thereof as shall be covered by any street or alley, shall be paid or tendered to the owner or owners thereof, or when any other lot or lots to the said value shall be assigned to such owner or owners, the said owner or owners shall thereupon release and quit claim to the Mlayor, Recorder, Aldermen and Freemen of the city of Detroit, all title to his, her or their lot or lots, the value of which has been paid or tendered, or some other lot or lots assigned, to the value thereof as aforesaid; and if such owner or owners, after such payment If not assign- or tender, or assignient, as aforesaid, shall neglect or refuse, for the ed within a one year after payment, space of one year, to execute and deliver to the said Mayor, Recorder, the title of the owner Aldermen and Freemen of the city of Detroit, good and valid release becomes void and quit-claim, of all his, her or their title, in and to the lot or lots, aforesaid, then, and in such case, the deed and deeds of such owner and owners of the lots shall be void, and shall not be given in evi dence of title in any court of law or equity in this territory; and the deed and deeds which may thereafter be executed and delivered for conveying title to the lot and lots, or any part thereof, of such owner and owners, shall be deemed and taken to be, in all courts of law and equity in said territority, conclusive evidence, of legal title in fee of the premises described in such deed and deeds, any law or usage to the Proviso. contrary notwithstanding: Providedl, That nothing herein contained shall be so construed as to deprive or debar the owner or owners aforesaid, froim having the value of his, her or their said lots so 2-2 THE CITY OF DETROIT. ascertained as aforesaid, and in manner aforesaid: Provided, also, Further proviso. That for recording and registering all deeds and other instruments necessary and proper to be recorded and registered in the fulfilment of the change of the plan of the said city in manner aforesaid, the Common Council of said city shall, at the expense of the said city, procure such record books and blanks, as the said Common Council may deem suitable, and the City Register shall be, and he is hereby required, when such record books and blanks shall be procured as aforesaid, to make therein all records and registry of all deeds and other instruments that may be deemed necessary by said Common Council; and the City Register shall receive six and one-fourth cents for every one hundred words actually written, and no more. SEc. 16. That all expenses which shall accrue for surveying, re- Extreanxses of "Iteration of laying out, and dividing said city as aforesaid, for assessing the value plan aito ber paid by cop~ porationof lots, and for making all transfers necessary to give this act effect, lots remain ing after aland for recording the same, shall be paid by the Mayor, Recorder, tberation, tor Aldermen and freemen of the city of Detroit; and all the lots within poration. the limits mentioned in the 13th section of this act, remaining after all the claims of the owner and owners thereof are satisfied and adjusted in the way and manner as aforesaid, shall become the property, and be and remain to the Mayor, Recorder, Aldermen and freemen of the city of Detroit, and their successors, in fee: Provided, however, That a lot of suitable size, to be designated by the Common Reservation for courtCouncil of said City, with the approbation and consent of the Gover- holuse and jail. nor of this Territory, shall be reserved around the Court Ijouse, and another around the Jail. SEC. 17. That it shall be the duty of the Mayor, Recorder, and Of th meet ing of the Aldermen of said city, as soon as convenient after the passage of this freemen to approve the act, to make and publish the ordinance prescribed in the 14th section oratdiine-toe tering the of this act, and thereupon to call a public meeting of the freemen for plan. the purpose of taking the same into a consideration; and a majority of said freemen shall approve of such ordinance, or alter or amend the same until approved of; whereupon the said Mayor, Recorder and Aldermen shall proceed to carry the same into effect. —Revised Charter, approved April 4, 1827. SEc. 4. Section twenty of an act relative to the city of Detroit, approved April 4th, 1827, and the act amending the came, approved 23 REVISED CHARTER OF April 13th, 1841, are hereby amended by striking out the word "either" in the thirteenth line, and the words " or otherwise, as they may direct," in the sixteenth line of said section, and by inserting after the provision relative to the establishing a line of buildings, the words " for numbering the same, and establishing a line beyond which docks and wharves shall not be built or extended into the Detroit River," so that said section shall read as follows: Councilmay Sec. 20, That said Common Council shall have full power and appoint Street Coersi authority to appo int Street Commissioners or other officers, to missioners. superintend and direct the making, paving, repairing or opening of all streets, lanes, alleys, sidewalks, highways or bridges within Their powers said city, with such powers as may be necessary for leveling to establish grades and and graduating the same; for establishing the line thereof, upon lines for front ofbuildings which buildings may be erected, and beyond which such buildNumbering ings shall not extend; for numbering the same; and establishing a buildings. Line'of docks line beyond which docks and wharves shall not be built or extended and wharves. into the Detroit River, within the limits of said city; and generally to do and perform, under the by-laws and ordinances, or other direc tions of the Common Council, whatever may be deemed conducive to the regularity, public health and convenience of said city; and the Common Council shall have full power and authority to provide Council may funds for defraying the expenses of such paving of streets or sideprovide funds for paving. walks as may be deemed necessary, by assessment on the owner or occupant of such lot or premises, in front of, or adjacent to, which such streets or sidewalks may be directed to be paved or repaired, and any such assessment hereafter made by authority of the CormPaving asses- mon Council shall also be a lien, until paid, on such lots or premises ments to be a lien. in front of which such streets, or sidewalks, may be directed to be paved How collect- or repaired; and said assessment shall be collected in the same maned. ne r as other assessments or taxes made or laid by authority of the Common Council-Act approved Feb. 12, 1855. Council may SEC. 19. The Common Council of said city may, whenever they permit persons to pave deem it for the interest of said city, permit any person or persons to in front of their pre- -h thises. pave the sidewalk and street, or sidewalks and streets, as the case may be, in front of the premises owned or occupied by such per son or persons, in said city, under the direction of the Street Commis sioner, or any person or committee appointed by said Common Coun cil for that purpose; and whenever any persons, having obtained 24 THE CITY OF DETROIT. such permission, shall have paved such side walks and streets, to the satisfaction or said Common Council, such persons shall not be assess- Such persons exempt from ed or compelled to pay any road or highway tax on the premises in high5way taxes., front of which such pavement shall have been made, so long as such person shall keep the same in repair to the satisfaction of said Common Council; and the said Common Council may make and prescribe such regulations and ordinances in this regard, as may be expedient or necessary to carry into effect the intentions and provisions of this section.-Act approved Alpril 13, 1841. SEC. 21. The said Common Council shall have full power and au- Common Council may thority to pass by-laws and ordinances for the abatement of all nui- lass bdy-linaws and ordinansances within the city, and for the punishment by fine, or otherwise, troeSiIlativce to nuisances. of all persons occasioning the same; and it shall be the duty of the Marshal and Constables of said city to give information to said CoMn- Marshal and Constables to mon Council of the existence of any such nuisance, who shall there- give informa tion thereof. upon, or upon complaint of alny freeman of said city, make such order for its immediate abatement, as to them the public health or conven- Proceedings thereon. ience may seem to require: Provided, That where damages are Proviso as to dam'lages. claimed by the owner of any building destroyed, removed or injured, g on account of the abatement of such nuisance, the Common Council shall proceed to ascertain the damages in the same manner, and the claimant of damages shall be entitled to the same right of appeal as is provided in the nineteenth section of this act; but no such appeal to the Circuit or Supreme Court, certiorari, injunction, supersedeas, or other process shall prevent the immediate abatement of such nuisance; and when it may become necessary, for the abatement of such nui- whennui sanc to fill up or level any lots or other grounds, it shall be lawfl to be sance, to fill up or level any lots or other grounds, it shall be lawful abated at ex pense of for the Common Council to assess the costs or expenses of such fill- owners of lots or building up, levelling, or removing of buildings, and should the owner or ings occupant neglect or refuse to pay the full amount of such assessment, the said Commnon Council shall have full power and authority to sell or lease such premises for the least number of years that will defray The 19th section related, to the assessment and collection of damages, and the right of appeal, in cases of proceedings to open streets. It has virtually been repealed by subsequent acts on the same subject, and is not therefore inserted; still its provisions maybe applicable to assessments of damages and appeals, in cases of proceedings to abate nLisances.-See p. 528, Laws of 1827. 4 25 RPEVISED CHARTER OF such charge or expense, in the same manner as herein provided for the sale of water lots, or wharves, within the limits of said city: Ancd p)rovided, also, That the Mayor, Recorder and Aldermen of the said city shall have full power and authority, as is provided for in the eleventh section of this act, for the preservation of the health of the city of Detroit, to remove all nuisances on the margin of the river Detroit, to the distance of half a mile above, and half a mile below the limits of said city.-Revised Charter alpproved Al)ril 4, 1827. Power of SEC. 9. The Common Council of said city shall have power, in the Council to remove nu!amov nuce- manner provided for in the act to which this is amendatory, for the sances. preservation of the public health, to remove all nuisances to the dis tance of half a mile beyond the limits of said city: Provided, That Notice ofre- notice shall be first given to the person upon whose premises the same moval to be giver. may be, or to the Commissioners of Hlighways of the township, if it be on public ground or highway, to remove the same forthwith; and if such nuisance shall not be removed by said Commissioners, upon such notice, and said Common Council shall proceed to remove the same, the expense thereof shall be a charge against the township, and shall be audited at such suli as may be justly chargeable by the Super visors of the county.-Act a2?proved Jrzte 29, 1832. PNowers and SEC. 11. The Common Council of the city of Detroit, are hereby duties of the Council lln declared to possess, and are hereby granted, the powers and authority, reference to auer$. paupers privileges and functions of a Township Board, to all intents and pur poses, whenever it may be deemed requisite or proper to exercise the same; and by virtue of this power, to pass all proper ordinances and regulations, for the carrying into effect the powers, authority, privi leges and functions, by this section conferred, and to pass all ordi' nances and regulations relative to the protection, disposal and con duct of paupers in said city, as they may deemi requisite; and full Persons, ves- power and authority to prevent all persons, vessels and conveyances, sels and conveyances. from bringing to the city of Detroit, from any other port or place, any paupers, or persons likely to become a charge on said city; to ar rest and bring before the Mayor's Court, and on conviction therein, to punish all persons offending in this regard, and to make all1 need ful ordinances in the premises.-Act a)l'proved Ap)-il 13, 1841. Common SEC. 22. That the Common Council of said city, or the major part (Council may licensoferries of them, shall have the sole and exclusive power, from time to time, 26 THE CITY OF DETROIT. to licence, continue and regulate so many ferries from within the said city of Detroit, to the opposite shore of the Detroit river, for the carrying and transporting people, horses, cattle, goods and chattels across the said river, in such manner as shall to them appear most conducive to the public good: Provided, That nothing in this section contained shall be construed to deprive any person whatever of the possession or property of the soil on the shore of said river, nor of any right of ferriage under any existing licence. SEc. 23. That the MIayor, Recorder and Aldermen, in Common Taverns, Groceries, Council, shall have the power to license- and regulate all taverns and Ordinaries &C. inns within the limits of said city; also, all keepers of victualing houses, ordinaries and groceries, and also to license all shop keepers and retailers of goods of foreign growth and manufacture, within the limits of the said city; and to demand and to receive, to the use of the said MJayor, Recorder, Aldermen and Freemen of the said city, such sums of money or fees for such license, as may from time to time, be prescribed by said Common Council; execepting such sums as are now authorized and required by law to be paid to the territorial treasury: Provided, That nothing in this act contained shall in any wise Proviso. limit or restrain the operation of an act, entitled " an act to regulate the assessment and collection of territorial taxes," or any amendment to said act. SEC. 24. That said Common Council or a major part of them, Ofthe ap pointment of shall have full power and authority to appoint from among the free- firemeen. men of said city, such number of men, willing to accept, as may be deemed proper and necessary, to be employed as firemen, provided such number does not exceed forty in the management of each fire engine, now provided, or hereafter to be provided, for the use of said city: and each fire company shall have power to appoint their own Firecompan ies to appoint officers, pass by-laws for the organization and good government of said their officers, make rules, company, and may impose and collect such fines for the non-attend' &cance or neglect of duty of any of its members, as may be established by such by-laws or regulations of said fire company; and all firemen Firemen to have ertifiappointed as aforesaid, shall obtain from the Clerk of said city a cer- cates, and to be excused tificate thereof, which certificate shall be evidence of their appoint- from military and jury duty So far as, this section confers powers upon the Commrnon Council to grant lice-ises for the sale of intoxicating liquors, it is no longer in force. 2 t' REVISED CHARTER OF ment, and such person shall, in consideration of the faithful discharge of his duties as a fireman, be excused from all duty in the militia in the time of peace, and also from serving upon any jury in any of the ]Duty of fire courts in this Territory; and it shall be the duty of every fire company companies. to keep in good and perfect repair, the fire engine, hose, ladders and other implements of such company; and upon any alarm or breaking out of any fire, within said city, each member of a fire company shall forthwith repair to the engine house, and from thence proceed without delay, with their fire engines and other implements, to the place of comn. council such fire; and the said Mayor's Court shall have power, upon informnamay fine for neglect. tion, to punish any unnecessary or improper delay in the arrival of any fire engine, hose, ladders, hooks or other instruments, by a fine of not more than one hundred dollars, to be levied and collected be fore said Mayor's Court, of said delinquent fire company, or the offi cers or members thereof; and the said Mayor's Court may also, upon information or complaint, punish by fine, not exceeding ten dollars, any member of said fire company, for any absence, neglect of duty, or violation of the rules or regulations of such company, or by-laws and ordinances of the Common Council: Provided, That it shall be Corn. Council the duty of the Common Council at all times, to provide the engines, to provide engines &c. hose, ladders, hooks or other instruments for every fire company; and also to pay for the necessary materials and repairs; and it shall be the Metings of duty of each fire company to assemble once in each month, or as often Fire Co's. as may be directed by said Common Council, for the purpose of work ing or examining said engine and other implements, with a view to their perfect order and repair.-Revised Ch/arter, ap2proved April 4, 1827. Members of SEC. 1. That such number of the citizens of Detroit as have been hook, ladder, and axe Co's. or may h ereafter be, organized into a company or companies, by the exempt from militarv doyCuncl cty, proe keig an and serving Common Council of said city, for the purpose of keeping, using and on jres. managing hooks, ladders, axes and other implements, for the extin guishment of fires. shall be exempted from military duty in time of peace, and from serving on juries, provided such number does not ex ceed forty; and the membership in such company or companies shall be certified in like manner, and with like effect, as is provided for firemen in the twenty-fourth section of the act hereby amended.-Act approved July 31, 1830. 28 THE CITY OF DETROIT. SEC. 25. That upon the breaking out of any fire within the said Duties of Marshal and eity, the MIarshal and Constables shall immediately repair to the place Constabflersin of such fire with their staves, and be aiding and assisting, as well in extinguishing such fire as in preventing any goods from being stolen, and also in removing and securing the same, and shall in all respects be obedient to the M3ayor, Recorder and Aldermen, or such of them as may be present at any such fire.-Revised Chtarter, apl.roved April 4, 1827. SEC. 23. The fourteenth section of an act entitled "an act to amend the charter of the city of Detroit," approved April 14, 1841, is hereby amended by striking out the clause commencing in the ninth line with the word "higher," and ending with the word "building," in the eleventh line, so that said section as amended shall read as follows: "Sec. 14. The Common Council of said city shall have full Cor. Council may pass orpower and authority to pass such by-laws and ordinances for the pre- dinanmces and ~ ~ ~ ~ ~ ~ ~ ~~~~~by-laws for vention and extinguishment of fires in said city, as may be proper and thenof prevens ~ ~~~~~~~~~~~~~~~~~~~tion of fires. requisite for the public good; and the said Common Council shall have full power and authority to prohibit and forbid any person or persons, May prevent to erect or cause to be erected, within such parts, streets or districts of wooden buildings in of said city, as the public safety may require, any wooden or frame ofrthnciprts house, store, shop, or other building; and the said Common Council shall have full power and authority to pass such by-laws and ordinances May pass or dinanges relas may be proper and necessary in the premises, and also in regard to titt'Vo to pa,r tition walls, blacksmlth the regulation and construction of partition walls, and the construction shops and baand location of blacksmith shops and bakeries in said city.-Act approvecd February 22, 1848. SEc. 26. That the Common Council or a major part of them, may Council may establish establish, keep and regulate one or more markets within such places, markets. within the said city as they shall deem best suited to the public convenience, and shall appoint such proper officer or officers as they shall from time to time deem necessary, to superintend the same; and the said Mayor, with the advice of the Common Council, shall also have power to license, under such regulations as the Common Council shall from time to time prescribe in and for said city, one or more porters, May license porters, crtcartmen, and watchmen, when it shall be deemed necessary and bone- mern cart watchmen, ficial by the Common Council that there should be such appointments mad,fle-Revised Charter, a)-)Ioved April 4, 1827 29 REVISED CHIARTER OF A(lditional SEc,. I. That it shall be lawful for the Common Council of the powers of Councivl eart- city of Detroit to regulate and license porters, cartmnen and draymen, tire to cartmen, porter, and draymen owners and keepers of livery stables, hackney coaches, carts, drays, Council may fix rate of and carriages of every description, used or employed for hire or rebire of hackney coaches, ward in the said city and also to fix and regulate the amount and carriages, &c. rates of such hire or reward, and to impose and enforce penalties for Fine for io- h lationthe of te vi olation of s uch regulations, not exceeding twenty-five dollars, Proviso. besides costs, on any one person, for any one offence: Provided, The said Common Council shall license all persons applying therefor for the purposes mentioned in this act, if they shall be satisfied such applicant is trustworthy, and may at any time revoke such license for any violation of the provisions thereof.-Act a])proved May 16, 1846. Council may SEC. 5. The Common Council shall have full power tod employ appoint policemnen, &c. and appoint watchmen and policemen whenever they deem it requi site, and to prescribe their duties, powers and compensation; and - said policemen, when appointed and qualified, shall possess and exerTheir powers cise all powers, and their acts shall have the same virtue, force and effect as the powers and acts of any Constable in the county of Wayne. -Act approved February 12, 1855. Council may SEC. 27. That the said Mayor, Recorder and Aldermen, in Comregulate vessels, their oelorigs, hr mon Council convened, shall have the power, by law, to regulate the ballast, also the disposing stationing, anchoring, and mooring of vessels within the limits of said of earth from cellars, wells, city, and the laying out of ballast from the same, and for disposing of &c., also. walls, size of brick, sewers earth that may be dug from foundations, cellars and wells, and for drains, firew~ood, hay, prescribing the thickness of the walls of houses, and regulating the docks and wharves. size of brick; and also to erect, repair, and preserve sewers and drains; also, the measuring of firewood and weighing of hay, and the building of docks and wharves within the said city; and generally, to pass all laws and ordinances, and regulations, necessary to carry the powers by this act granted, into full effect.- -Revised Charter, ap proved April 4, 1827. SEC. 3. That the Common Council of said city, or a major part of them, shall have power to make by-laws and ordinances in regard to Powers of billiard tables and all other tables kept for hire, gain or reward, Council relative to bil within said city; and also, full power and authority to make all such liard table,. by-laws and ordinances, as may by said Common Council be deemed expedient or necessary, for effectually preventing or suppressing all 30 THE CITY OF DETROIT. disorderly houses, and houses of ill-fame, within the limits of said fIoutses ofill lumie. city.-Act approved June 29, 1832. SEc. 43. That said Common Council, in addition to the powers caouncil may pass ordinainwith which it is already vested, shall have full power and authority tritceattle train cattle and other anito make by-laws and ordinances to restrain swine, sheep, horses, asses, rnals from running at mules, goats, neat cattle and geese, from going at large within the large. limits of said city, and to provide and maintain one or more sufficient pounds, in which they may be restrained, and to appoint one or MayestabIish pounds. more pound-masters, to prescribe their duties and compensation, and Appoint pound ms the notice to be given, and the final disposition to be made of the ters. property so impounded; and said Common Council may, also, by bylaws and ordinances, restrain dogs from running at large in said city, May pass ordinances and may, also, when they deem it expedient, direct such dogs to be relative to killed; and said Common Council may, also make by-laws and ordinances relative to the carrying, keeping and storing of gunpowder within the limits of said city.-Act approved February 12, 1855. SEc. 3. From and after the passage of this act, no bond or other council not to ihoe evievidence of debt shall be issued by the said Colmmon Council, except "d,es ofv debt, except for the completion of works already under contract, or for refunding In certain cases. bonds, or for funding evidences of debt already issued; and any bonds or evidences of debt issued in contravention of this Section shall be absolutely void: _Provided, however, That the provisions of this See- Proviso. tion shall not apply to orders on the Treasurer for the necessary and current expenses of the city.-Act app)roved March 21, 1851. SEc. 8. Hereafter no contract for building any sewer, or the per- council not to enter into formance of any public work, in which the Mayor, Recorder, Alder- contract with any member men and Freemen of the city of Detroit, shall be a party contracting, thereof shall be let to any Member of the Council of the said city; nor shall any person be eligible to a seat in said Council who shall hold any Persons hold ing such cons u c h contract, unless prior to the time for such person t o be sworn tracts ineligi ble to seat in into office, he shall be released from his contract; and any contract Council. or agreement, between the Mayor, Recorder, Aldermen and Free- Certaincon C' ~n tracts void. men of the city of Detroit, and any member of the Common Council thereof, or in which any such member shall be interested directly or indirectly for the building of any sewer, erection of any building or the performance of any public work, hereafter made, shall be absolutely void.-Act apvproved Feb2iuary 12, 1855. 31 REVISEI CHARTER OF PART V. RELATIVE TO DRAINS AND DITCHES. Power of SEC. 7. The Common Council of said city shall have, and is hereCouncil relative to drains by vested, with full power and authority to enact all requisite and pro and sewers. J wtful uurlyro per ordinances and regulations, relative to the control, regulation, protection and use of drains and sewers in said city.-Act apsproved Algril 13, 1841. Mlay assess SEC. 20. The Common Council shall have full power to assess persons using )r beneftted and collect of each individual using or being benefited by any public by public sir~ainu or sewrn or. ew- drain or sewer, as follows, to wit: the sum of one dollar and fifty cents annually, for each cellar drained directly or indirectly by a drain, into any public drain or sewer, which assessment shall be taken to include all other drainage of the premises to which said cellar especially belongs; and the sum of fifty cents annually for each lot or subdivision of lot, being without a cellar, drained as afore - said into any public drain or sewer; and such sums as may be fixed by the Common Council for all establishments requiring an un usual or extraordinary amount of drainage, drained as aforesaid; which sums, when collected, shall constitute the Sewer Fund, and shall be expended exclusively for the repair and construction of sewers.-Act approved Feb. 12, 1855. Whereas, It is represented and believed by the Mayor, Aldermen and Freemen of the city of Detroit, that great and serious injury to the health of the citizens of said city results from the overflow of water on the low lands in rear of and adjacent to the said city, thereby overflowing a large portion of the lots of ground on which buildings are now being erected; and as the drains constructed, al though of large dimensions, are by no means capable of carrying off, at once, the flood of water resulting from sudden rains, or dissolving of snows, it follows that many cellars are filled with water and the debris thus carried into them, from which the injury to health must be apparent; therefore,Corn. Council SEC. 1. Be it enacted, Ac., That the Common Council of the city to enquire and ertify of Detroit shall inquire into and certify whether any and what marsh, whether marshes and low swamp, or other low lands are a source of disease and injury to the lands cause disease. public health of said city, and whether said public health will be pro moted by draining the same; and if they shall so certify, shall file said certificate with the Clerk of the Mayor's Court of said city. 32 TEle CITY OF DETROIT. SEC. 2. The Common Council shall thereupon issue a summons Proceedings thereupon. directed to the Marshal of said city, Sheriff, or any Constable, of the county of Wayne, requiring him to summons nine reputable freeholders of such county, who are not interested in the lands through Jury to be which any ditch contemplated to be cut shall pass, nor in anywise of kin to the parties interested in the land, to be and appear on the premises, at a certain time to be specified in such summons, not less than fifteen, nor more than twenty days from the date thereof, which summons shall also direct the officer to serve the same, and give six days' notice to the owner of such lands, of the time at which the jury is to Ownerofland to be notified appear; and which summons shall be executed and return made Return of summons. thereof, in the manner and with the like authority, as upon services (su)mmons?) issued in cases pending before Justices of the Peace, and certify that the notice required has been given. SEC. 3. The Mayor or any Alderman or Justice of the Peace Jutry to be thereto designated and required by the Common Council, shall attend swor at the time and place specified in the summons, and if it appear that the notice above prescribed has been given, and if six or more, of the nine freeholders, as above specified, shall then and there appear, he shall administer to each of them'an oath or affirmation well and truly to examine and certify in regard to the benefits, or damages which will result fromn the opening of said ditch or ditches. SEC. 4. The Common Council shall deliver to the jury a map of Map to be the land through which said ditch, or ditches, are proposed to be given tojury. opened, on which map, the plan, length, width and depth thereof shall be particularly designated, with a space sufficient on each side to receive the deposit of the excavation and thereupon the Jury shall Dutyofjury. personally examine the premises and hear any reason that may be offered in regard to the questions submitted to them; and if the jury shall be satisfied that the opening of said ditch, or ditches, is necessary or proper, they shall so certify in writing; and further certify Certlficate of jury. whether the benefits which will accrue to the owner of the lands for the opening of said ditch, or ditches, will, or not, be equal to any damages that he will sustain thereby; and if such benefits are certified not equal to the damages, the jury shall assess and certify the damages which, in their judgment, will be sustained by the owner. Assessment n ~~~~~~~~~~~~~~~~~~~~~of damages. SEC. 5. Such inquisition shall be signed by all'the Jurors, and JurorstoSign delivered to the May,or AlderMiCD Cr Justice in attenudla.ce; and for their verdict. 33 REVISED CtIARTEI-' OF rees ofjurors all services rendered, the same fees shall be paid as are allowed for similiar services in cases tried before Justices of the Peace. Agents of SEC. 6. Upon the delivery of the certificate of the Jury to the Council may enter upon Mayor, Aldermen or Justice in attendance, (which certificate, together lands and open ditches on certain with the inquisition and map shall be filed with the Clerk of the couditions, Common Council,) and upon payment of costs of proceedings, and payment or tender of the damages assessed by the jury, if any, it shall be lawful for the Common Council to enter, by their agent, teams and necessary implements, upon said lands, and cut and open such ditch, or ditches, designated on said map, as adopted and sanc tioned by such Jury, not deteriorating (deviating?) materially from the dimensions there laid down. Andkeep SEC. 7. After said ditch or ditches shall have been opened, it ditches open from time to shall be lawful for said Common Council their successors, or agents, time. forever thereafter, from time to time, as it shall be necessary, to enter the lands through which the same are opened, and clear and scour such ditch, or ditches, so as to preserve the original dimensions thereof. Persons oh- SEC. 8. Any person who shall in any way obstruct or injure any structing ditlchestopay ditch, or ditches, so opened, shall be liable to pay the Common Coundamages. cil aforesaid double the damages that shall be assessed by the Jury for such injury, and in case of a second or other subsequent offence by the same person, treble such damages. Jurors failing SEC. 9. If any person, summoned to attend as a Juror in accordto attend liable to a fine. ance with the provisions contained in section two of this act, shall fail or neglect to attend at the time and place specified, unless satis factory excuse be given for such non-attendance or neglect, he shall be liable to a fine of five dollars, which may be imposed by the officer who shall officiate at the swearing of the jury, which officer may order such delinquent juror to be imprisoned until such fine is fully paid.-Act approvedc March 29, 1849 34 TIHE CITY OF )ETRiO1T. PART VI. RELATIVE TO OPENING, ALTERING AND CLOSING STREETS AND ALLEYS. SEc. 18. That the Common Council of the said city, or a majority Powerof Council to of them, shall have full power and authority to lay out, estab- open and es tablish lish, open, and make, such streets, lanes, alleys, sidewalks, highways, streets. watereourses and bridges, within the limits, and agreeably to the plan, of said city, as they may deem necessary for the public convenience: Provided, That notice of the intention to lay out, open, estab- Proviso. lish and make such street, lane, alley or sidewalk, highway, watercourse or bridge, shall be given, either personally to those interested, or by publication in some newspaper in said city, previous to the meeting of the Common Council for that purpose.-Revised Charter, a2jroved April 4, 1827. SEC. 1. That the Common Council of the city of Detroit, shall Power of Council to have, and they are hereby vested with, full power and authority to lay open and al ter streets, out, establish, open, make or alter such streets, lanes, alleys, side- &C walks, highways, water-courses, and bridges, within the limits of the said city of Detroit, as the public improvement and convenience shall require.-Act alpproved. January 29, 1832. SEc. 5. The Common Council shall have full power to close or corn. Council may alter or alter streets and alleys in the bounds of the city of Detroit, and make close streets such disposition of streets so closed as the public good may require: Proviso Provided, That nothing herein contained, shall be so construed as in any manner to interfere with private rights.-Act approved Febgtazry 23, 1846. SEC. 21. That whenever the Conmmon Council of said city shall When Coun cil proposes deem it necessary to lay out, open, extend, straighten, widen, close, tol open or al-p ter streets a vacate, or in any other manner alter, any street, avenue, square, lane, notice shall be published. alley, highway, or other public ground, or any water course or bridge, it shall be lawful for said Common Council to cause a notice to be published for four weeks successively, in any newspaper printed in said city, stating the nature of the contemplated ilmprovement; and where private property is to be taken for the same, specifying and describing as particularly as may be practical, the ground, with the appurtenlances which may be required for either of the purposes afore- Cottents of said; an the time and plae at which the damages and recompense saidl; and the time and polace at which the damages and recompense 35 REVISED CHARTER OF which the owner or owners of such ground may be entitled to for the same, or to which any person or persons, ma y b e otherwise enti tled by reason of the preinises, will be inquired into, and assessed; and such damages and recompense apportioned and assessed among the owner or occupants, of the houses and lots of ground, and other real estate, which are to be benefited by the intended public improve ment; and it shall be lawful for the Mayor or Recorder of said city, by a precept under his hland, and the seal of the Mayor's Court of said city, to command the Marshal of said city, to sulimon and rePrecept to turn a jury of twenty-four freeholders of said city, who shall be in issue for summoning a no wise interested in the aforesaid questions of damages and recomjury. Qou-asioficjor pense or the apportionment and assessment thereof, as aforesaid, tions ofj urors to the Mayor's Court of said city, at the term specified for that pur pose in such precept, which shall be the time and place expressed in the aforesaid notice; and that such precept shall be delivered to said Duty of Mar- Marshal, at least ten days before the return day thereof. who shall by shal. Howmanyto virtue thereof summon and return such jury as aforesaid, twelve of form jury. whom shall be chosen by ballot, and constitute the jury for the pur poses in said precept specified; and that it shall be the duty of said Marshal to Marshal, at least six days before the return day of such precept, to serve onowners ofprtoaper- serve on the owner or owners of the ground which shall be required t.v to be taken copy of notice. as aforesaid for public use, if resident in said city, or the occupant or occupants of such ground, a written or printed copy of the notice to be published as aforesaid, directed to the owner or owners of such Noticewhere ground: And further that in case the piece or pieces of ground so landisvacant required, shall be vacant, and the owners thereof shall not re side in said city, or shall be unknown, it shall be a sufficient ser vice of said notice, by said Marshal, to affix the same on some con spicuous part of such vacant premises; and further, that the said Jury to be jury when balloted for, as aforesaid, in said Mayor's Court, shall be sworn. sworn well and truly to inquire whether the public convenience and necessity require the contemplated improvement to be made; and if they find in the affirmative, then to inquire into and assess the dama ges and recompense, if any, which any person or persons may sustain by reason of the premises; and, where private property is to be taken, to inquire into and assess the damages and recompense, which the owner or owners of the ground, with the appurtenances described and designated in said precept shall be justly entitled to; and in all 36 Ti-E CITY OF I)ETROIT. cases to apportion and assess such damages and recompense upon the Damnages to be assessed owner or owners of all the houses and lots of ground lying within a on property benefitted thousand feet in any direction of the intended improvement, which within1000ft will be benefited by the public use of such ground required as aforesaid, or by the making of any of the said contemplated improvements, as nearly as may be in proportion to the advantages which such owner or owners shall be deemed to acquire; and that said jury shall make and return under their respective hands, into said Mlayor's Court, their verdict in the premises, specifying the amount of the Verdictof damages and recompense, which they shall assess as aforesaid, if any, and the person or persons, to whomi the same shall be assessed; and also the apportionment thereof, in the manner above directed; and Contents of verdict. shall also designate and describe the houses and lots included in such apportionment; and it shall also be the duty of said jury to set forth in said verdict and apportionment, the names of the owners, lessees and occupants, of the houses and lots upon which such damage and recompense, or any part thereof, shall be apportioned and assessed, as far as the same can be ascertained; and that the said verdict shall be returned to said Miayor's Court, at the same or any sub-'erdictto be returned to sequent term thereof; and on being confirmed by said Court shall be Mayror'sedt Court. binding and conclusive, as well upon the owner or owners, as upon the lessees or occupants, mentioned therein, or intended to be affected thlereby, his, her, or their heirs, executors, administrators or asssignees; proceed(lings on COnfirllaand that it shall be lawful for said Common Council upon paying or tion of ver diet. tendering the amount of damages so assessed, if any, to the par- DamageS to b paid or tics respectively entitled thereto, to enter upon and take possession tendered be fore improveof the ground, with the appurtenances, as aforesaid, and to convert Dment carried out. the same to the public use or uses for which it has been required and assessed; and in any case where private property shall not be taken, but damages shall have been assessed for the proposed improvement in the vacation of streets, public grounds or otherwise, such damages shall be paid or tendered before such improvement shall be consummated. SEc. 22. That if said panel of jurors shall be exhausted by ehal- If panel of jurors exlenges or otherwise, or if a sufficeient number of them should not at- hallteed, talesmen - to t~~~~~~~~~~~~~~~~my be sumtend to form a jury, it shall be competent for said Mayor's Court to nbed.u Greet a sufficeient number of talesmen to be summoned to make up 37 itL'EVISED (tJiARTlEI OEN the panel: and it shall be competent for any person who may be afbe objec fect feeted by said proceedings, to object to any of the said jurors at the to. time of impanneling the same, for any ground which would be suffi cient under the laws of this State to disqualify any person from act. ing as a juror in a civil case. And in the event, at any time, that Ifjury can- any such jury may not be able to agree, it shall be competent for said not agree — dicourt may Mayor's Court to discharge such jury and to impannel another, which same and impanel anoth- shall be summoned by virtue of a venire facias, issuing from said or, Court, who shall be duly sworn, and proceed to discharge the duties aforesaid. Certifiedcopy SEC. 23. That a certified copy of the assessment and apportionof assess]iedwntsto be t ent of the damages and recompense aforesaid shall, after having filed with theI J~egister of/ opee'onimd ci OeC Lgse Wegayne Co. been completed and confirmed, be filed in the office of Register of Assessments Deeds for the county of Wayne, and be a lien upon the houses to be a lien. and lots designated in said verdict on which the same has been ap - portioned and assessed as aforesaid, from the tilme of such confirma tion until the same shall be paid or satisfied. Parties inter- SEC. 24. Any person whose property is affected by said proceedested may ap- a pear bfore igs, an d who is aggrieved thereby, may, at any time, before the con!JayoitI'Court nofdrobjecttor firmation thereof, appear in said l Cayor's Court and shew cause confirmationfimtothro,a ayran of verdict. against such confirmation, and if said Court shall, for sufficient rea sons, either set aside said proceedings or refuse to confirm the same, New jury to then a new jury may be impanneled as aforesaid; but if said Court be impaneled if verdict set shall overrule all objections to said proceedings and confirm said ve'raside. Appeal may be takeCn to diet, then any person whose property is affected by such proceedings Circuit Court. Appeal may and aggrieved thereby,. may appeal to the Circuit Court, for the be taken to Circuit Court county of Wayne, by filing a written notice of such appeal, and a specification of the alleged error or errors in said proceedings with Proceedings the City Clerk, within five days after such confirmation; and it shall on appeal.. bo appeal. be the duty of said Clerk to certify all said proceedings to the ensu ing term of said Circuit Court: Provided, however, that on such ap peal nothing but the regularity of said proceedings shall be inquired into; and that such proposed improvement or alteration, shall in no manner be stayed by such appeal. Power ofCir- SEC. 25. The said Circuit Court on such appeal may affirr )r cuit Court on appeal. reverse said proceedings, and may assess costs in such manner as they shall deem proper; but no reversal shall be granted for matter 3s THE CITY OF DETROIT. of form only; and in case of any error in matter of substance, the erroneous proceeding, and all proceedings subsequent thereto, shall be reversed and set aside; and thereafter said Common Council may Poweror Council on proceed from the last regular step to a termination; and the same reverses1 by Circuit Court. may be so varied that the proceedings shall have reference only to the rights and interest of the appellant merely. SEC. 26. It shall be competent for said Common Council to Proceedings may be disabandon or discontinue any proceedings under this act at any time caonnttinuedb any timie be fore confirbefore the same shall be confirmed by said lIayor's Court. mation. SEc. 27. It shall be the duty of said Common Council to cause Persons as sessedi for notice to be given at least five days before such confirmation to every benefits to be notified. person who shall be assessed for benefits as aforesaid, of the time and place of the application for the confirmation of said verdict, and requiring them to show cause against such confirmation, if any they have; and in the event that the owner of any such property may be a non-resident- of said city, or unknown, or such property be vacant, then such notice may be served as is prescribed in the first section of this act; and every such person conceiving himself aggrieved in the premises may appeal to said Circuit Court as aforesaid within thirty days from the confirmation of such apportionment and assessment as aforesaid, in accordance with, and subject to, all the regulations and provisions above made in reference to other appeals. SEc. 28. All assessments for benefits shall be paid by the parties When assess ments for respectively to the City Treasurer, on confirmation of said verdict, benefits to be paid unless an appeal be taken as aforesaid, and in such case such appellant shall pay such assessment as soon as his appeal shall be disposed of by confirmation in said Circuit Court; and in the event that any person or persons so assessed for benefits as aforesaid shall at any time fail or neglect to pay any such assessment, the Common Council If persons fail to pay asshall cause a notice to be published in any newspaper printed in said sssmelnt s Council to publish nocity,- which notice shall be published for five weeks successively, re- tiishceno. quiring the owner or owners of the houses and lots, or other real estate, with the appurtenances, upon which such assessments have been mad and apportioned as aforesaid, to pay the Treasurer of said city tr -aiaount thereof, with interest from the time of the confirmation, ar, any costs which shall have accrued, within sixty days from the date of such notice; and that if default shall bc made ill such payments 39 REVISED CHARTER OF such houses and lots, and other real estate, will be sold at auction at a day and a place to be specified in such notice. for the lowest term of years for which any person shall offer to take the same for the sum apportioned and assessed thereon, with interest and costs; and if, notwithstanding such notice, the owner or owners shall neglect or Ifassess- refuse to pay such apportionment and assessment, with such interest mertit Dot paid in 60 and costs, then it shall be lawful for said Common Council to cause days after notice, premtises toPr be such houses and lots, and other real estate, to be sold at public sold. auction as aforesaid, on the day and at the place in such notice speci fied for that purpose, and to give a declaration of such sale to the purchaser thereof, under the common seal of said city; and such Rights of purchaser, his executors, administrators and assigns, shall and may purchasers at such sales. by virtue thereof, and of this act, lawfully hold and enjoy the premi ses so sold for his and their own proper use against the owner or owners thereof, and all claiming under him or them, until his term shall be completed and ended, with full liberty to remove all the buildings and materials at the expiration of the said term which he or they shall have erected thereon. Property un- SEC. 29. That in all cases where any part of said real estate der lease to 1)edischarged required for public improvement as aforesaid, by virtue of this act, therefrom on confirmation ofassessmenQit shall be subject to a lease, or other agreement, all the covenants and stipulations contained in such lease or agreement shall, upon the confirmation of such assessment as aforesaid, cease, determine, and be absolutely discharged. Former pro- SEC. 30. That sections five, six, seven, eight, nine, ten, eleven, visions relative to open- twelve thirteen, and fourteen of an act entitled " an act to ainend i ng streets epealed. the Charter of the city of Detroit," approved the twenty-second day of February, A. D. one thousand eight hundred and forty-eight, be, and the same are hereby, repealed, saving all rights already accrued under the same, and acts done.-Act apj)roved Feb. 12, 1855. Proceedings SEC. 15. If the property of several persons is affected by the proonly to be reversed in re- posed measure, the proceedings, if erroneous, shall be considered as gard to personso taking appeal reversed only in regard to the person or persons making the appeal, Appellant not to and no appellant, pending the appeal, shall be entitled to any money entitled to dIamages un-pi o Ct o i n in caseth prnoceein~gs tilm ppgeal dne paid to the City Clerk for his damages; and in case the proceedings c'ided. Costs~ are sustained, all costs awarded against the appellant shall be deducted froml said damages, an.d the balance only paid to the appellant. 40 THE CITY OF DETROIT. SEC. 16. The Common Council shall have full power to prescribe council may. prescribe fees the fees to be paid to the jurors and other officers for their services foffir jcuerrors and under the foregoing provisions.-Act approved February 22, 1848. PART VII. RELATIVE TO ASSESSMENTS. SEC. 10. From and after the year 1855, the Assessor of each Assessors on ly to act in ward in the city of Detroit shall make the assessment of real and twhairdsown wards. personal property in the ward for which he has been elected Assessor; and no Assessor shall act in any other ward than that for which he has been elected Assessor. SEC. 11. The annual assessments in the several wards of said Annual as sessments to city, after the year 1855, shall be made during the month of March bemadein March. in each year; and the Common Council shall cause proper books, or rolls, to be prepared for the use of the Assessors in making their council to furnish books assessments, (one for each ward,) on or before the first day of March for assessors. in each year. SEC. 12. The ward Assessor in each ward is hereby fully em- Assessors empowered powered and authorized to demand of every person owning, or to demand lists of proh a v i n g charge of, any taxable property, as agent, or otherwise, in the perty of per sons to be asward, a list of such property, with such description as will enable sessed. him to assess the same; and he shall have power, and is required, when not satisfied with such list, to examine the party under oath touching the same. SEC. 13. If any person refuse to furnish a list of his or her Personsre fusing to furproperty as aforesaid, or to testify under oath concerning property nishlistsmay be fined in Mayor's belonging to him or her, or under his or her charge, or to deliver a Court.s correct description of his or her property to the Assessor, within ten days after such demand shall have been made, or wilfully omit any such property from the list furnished by him or her, such person shall, upon conviction before the Mayor's Court, or any other court of competent jurisdiction, be liable to a fine not exceeding five hundred dollars, and the costs of prosecution. SEC. 14. Each Assessor shall make out and complete the entire Eachasesssor to make out assessment roll of the ward in which he is elected without inter- heisown as 6A%~~~~~~~~~~~sessments. 6 41 REVISED CHARTER OF ference from, or consultation with, the Assessor of any other ward3 and after all the Assessors have completed their rolls, and on the first Monday in April in each year, succeeding their election, they shall meet together at the Common Council room in said city, and Assessors to organize as a Board of Assessors, for the purpose of hearing comorganize as a Board after plaints of any and all persons against any assessments contained in rolls are completed. any of said rolls, and nmaking such corrections or alterations of the assessments, whether of real or personal property, as the mnajority Board tosit of the Board shall deem proper. Said Board shall continue in two weeks. session from day to day for the space of two weeks; and any person To review as- considering himself aggrieved may lay the cause of such grievance sessments complained before the Board of Assessors, either verbally or in writing, and on of. sufficient cause being shown by the affidavit of such person: or by other evidence, to the satisfaction of said Board, they shall review the assessment complained of, and may alter the same, as to the Proviso. property of any such person, and the estimated value thereof: Pro vided, however, That the Assessor who has made the particular as sessment complained of shall have no voice or vote on the decision to be made by the Board on such assessment, and that a concur rence of a majority of the remaining Assessors shall only be re quired in any case on the question of altering or reducing any such assessment. council to SEC. 15. The Common Council shall, at its next regular session, confirm assessment after the expiration of said two weeks in which the Board of Assesrolls. sors are to sit, confirm said assessment lists or rolls: Provided, That Personsag- all persons who consider themselves aggrieved by the assessment grieved may appealto of their property, and the decision of the Board of Assessors thereCouncil. on, may, at said session of the Common Council, appeal to said How appeals Council. Every appeal shall be in writing, and shall state specifito be made. cally the grounds of the appeal, and the matter or the thing comn plained of; and no other matter shall be considered by the Council. While acting upon said appeals, the Assessors may meet with the Council. and make such explanations as may be requisite in each Power of case. The Council shall hear and determine all appeals in a sumCouncil on appeals. mary way, and correct any errors which they may discover in the assessment rolls, and may place upon such rolls any property not already listed, and may increase or diminish any assessment as they 42 THE CITY OF DETROIT. may see fit; after which said rolls shall be fully and finally con firmed. SEC. 16. The City Clerk shall cause a notice to be published in Clerk to pub lish notice of the official paper of the city, and in one other daily paper published meetings of Board of in the city, for two weeks prior to the timle for the first meeting of Assessors. said Board of Assessors, informing tax payers of the time and place of the meeting of said Board, and of the objects for which it will meet, and the length of timle it will continue its sessions. Such notices shall continue to be published in said papers, on each publi- iowlongno tice to be cation day thereof, until the expiration of the time for said Board to published. hold its sessions. SEc. 17. Said Ward Assessors shall receive as compensation Compensa tion of such sumn or sums of money as the Common Council shall prescribe assessors for the time actually employed by themi in making their assessments, and while sitting as a Board, payable upon the warrant of the City Auditor. SEC. 18. So much of the provisions of "an act to amend the Former pro visions rela tive to assesscharter of the city of Detroit," approved January 30, 1850, as con-mentsrepeeal ed. flicts with the foregoing sections and provisions relative to assessors ed and assessmluents, shall be of no force or virtue after the expiration of the present year, 1855, and all laws, or parts of laws, in any way conflicting therewith shall be, and the same are hereby, repealed from and after the present year. SEc. 19. After the assessment rolls of the city of Detroit for Provisions relative to the present year, 1855, have been made out, according to the pro-assessme nt,, for year 1855. visions of laws now in force, the Assessors of said city shall leave the same at the City Treasurer's office, and shall cause a notice to be published in two of the public newspapers published in said city, Notice thereof to b,e (one of which shall be the official paper of the city,) informing the tax published. payers of the city that the rolls have been made out, and are at the City Treasurer's office, and will remain there for two weeks, for the inspection of all persons interested in the same: and said Assessors shall meet at said Treasurer's office at the hour of 9 o'clockl on each day, (except Sunday,) for the two weeks said rolls shall remain in said office, and continue in session a asa,Board for thrce hours on each Persons,agday. All persons aggrieved by any assessment on s aid rolls may thereby may appear before said Board) on any of the days it rhall coti-e in se aenor plaints before appear before said Board, on ady of the days, it shall continue i,Se- t::e assesorso. 43 REVISED CHARTER OF sion, and present to the Board such affidavits, certificates or state ments as they may deem proper, relative to any assessments on the Majority of said rolls, and said Board, or any two members of the same, on beassessors may scsosrmectnas- ing satisfied, by affidavits or otherwise, that any assessments on said sessments. rolls are incorrect, unjust, or excessive, may make all such correc tions in regard to names of persons or descriptions of property, and may reduce the amount of any assessment, as to them mnay seem Notice to be right. The notice contemplated in this section shall be published published two weeks. ten days before the commencement of the two weeks during which the Assessors are to meet, as herein provided for; and any person agPersonsag- grieved by the final action of the Board of Assessors, upon any grieved may sppealto matter submitted to them, according to the provisions of this seeCouncil. tion, may appeal to the Common Council, at its next session after the Assessors have closed their sittings, and the said Council may examine into the matter of the assessments complained of on such - appeals, (but in no other cases,) and make, or cause to be made, such modifications of the same, on the assessment roll, as the majority of CCouncil to confirm as- the Council may think proper. After the Council has acted upon sessment rolls. all cases appealed to that body, from the Assessors, the assessment rolls shall be declared fully and finally confirmed, and shall remain as the basis of all taxes to be collected in the city of Detroit until the assessment for the year 1856 has been made.-Act approved Feb ruary 12, 1855. Provisions SEC. 18. The Assessors in each ward shall, once in each year, befrom act of 1841 relative tween the first Monday of March and the first Monday of April, to assess ments ake out the assessment roll of all the taxable persons and property in their respective wards, and when any lot or lots shall lie partly in two or more wards, the same shall be assessed in the ward where the greater proportion of such lot or lots are situated; and the said AsWhere a lot sessors shall describe all lands, tenements or premises subject to any lies in two wards how tax or assessment in said city, by referring to the number and section assessed. of the lot, and the owner and (or) occupant thereof, if known, and if the number and section of such lot cannot be ascertained, then by such other sufficient description as such Assessors may deem proper; and when by mistake or otherwise, any person may be improperly designated as the owner or occupant of such lot or premises, such tax or assessment shall not, for that cause, be vitiated, but the same shall be a lien on such lot or tenement, and collected as in other casesd 44 THiE CITY OF DETROIT. At the meeting of the Assessors, as authorized and required by section six of an act, entitled" An act relative to Ward Elections in the city of Detroit, and for other purposes," approved March 27, 1839, they shall have the same power and authority as the County Cornmis- Powers of assessors resioners, by virtue of Sections Fourteen and Fifteen, of Chapter Sec-ltiv to re viewing rolls. ond, Title fifth, Part first, of the Revised Statutes, have or may have to review, correct and equalize said roll.-*Act approved April 13, 1841. PART VIII. RELATIVE TO TAXES AND TAX SALES. SEC. 1. That the Comlumon Council of the city of Detroit, shall Conncil may and may from time to time cause a tax not exceeding one-fourth levy a tax. (halfft) of one per cent, in any one year, on all the real and personal estate within the limits of said city, to be assessed, collected and paid as they may direct: Provided, That a meeting of the freemen of Proviso. said city be previously called for the purpose, by any three of the imembers of said Common Council, (of whom Mayor or Recorder shall be one,) and that a majority of the freemen present at any such meetirg, consent to the levy of any such tax. And it shall be the duty of the Mayor or Recorder to call a meeting of the freemen of said Meeting of freemen to city, when it shall be requested by petition, for that purpose, signed Mbealleend by by twenty-four of such freemen; and the said Common Council, or a majority of them, whenever they may deem it necessary, may also call a meeting of said freemen.-Act approved April 22, 1833. SEC. 1. The People of the State of Micfhigan enact: That in ad- Co,uneil may levy tax to dition to the tax now authorized to be levied by the Charter of the pay interest on funded city of Detroit, the Common Council shall have power to cause to be debt. assessed, levied, and collected, each and every year, upon all the real and personal estate within the limits of the said city, a tax not exceeding in amount a sum sufficient to pay the interest accruing upon the funded debt of the said city for the year for which such tax is +:This section of the act of 1841, seems never to have been expressly repealed, and as it seems in no way to conflict with the act of 1855, relative to assessments and contains provisions on certain points upon which the act of 1855 is silent, it was thought proper to insert it. tSee act approved April 13, 1841. 45 RtEVISED CHARTER OF Also an addi- levied and collected, and also an additional tax each year, not exceedtional tax not toexceed ing in amount the sum of five thousand dollars How certain SEc. 2. That said sums, or any parts thereof, so levied and coltaxes to be appropriated. lected, shall be appropriated as follows, and to no other purpose whatever: Any and all sums levied and collected as aforesaid for the payment of interest, shall be applied to the payment of the interest accruing upon said funded debt of said city for the year for which such tax is levied and collected; the annual tax of five thousand dol lars, or any portion thereof, levied and collected as aforesaid, shall, Idem. together with all sums that can be saved from the general tax, and from all other sources of revenue of said city, constitute a sinking fund, which shall, under the direction of the said Common Council be applied exclusively to the payment of the funded debt of said city. Powers of SEC. 4. The Common Council shall have power, in addition to Council relative to taxes those already granted, to levy taxes in the manner prescribed in said for phblic works. works. charter, upon all the real and personal estate within the limits of said city, (for the constructio; of public worhs within said city:*) Proviso. Provided, That no such work shall be contracted for, or commenced, until it shall have been approved by the Common Council, and a tax levied to pay for the same; and no such work shall be paid for or contracted to be paid for, save out of the proceeds of the tax levied especially therefor; and all contracts made in contravention hereof, shall be absolutely void. All the provisions of the charter of said city, and the amendments thereto, in any way inconsistent or contra vening the provisions of this section, and the provisions contained in this act, are hereby repealed.t-Act apsproved Itarch 21, 1851. Com. Council SEC. 5. It shall be competent for the Common Council to direct may direct mode of levyiug and col- the manner of assessing, levying and collecting all highway and townlecting highway and ship taxes, within the limits of said city, where no existing law of this township taxes. territory may now otherwise adequately provide for the same, and to make all by-laws and ordinances necessary to carry this power into full effect: Provided, That such by-laws and ordlinances be as near These words are not contained in the copy of the act as printed in the session laws of 1851, but they were inserted in the original draft of the section, and undoubtedly are in the enrolled copy of the law, and arc therefore inserted here. t See acts relative to Free Schools, cited among acts relative to the city of Detroit, for provisions relative to School Taxes. 46 THE CITY OF DETROIT. as may be in accordance with the provisions and principles of the several acts now in force respecting the assessment and collection of county and township taxes, and highway taxes.-Act approved April 22, 1833. SEC. 18. The Common Council shall have power to pass such or- Powers of Com. Council dinances in relation to the assessing of the road tax in the said city, reolatve to road tax. and to the time and manner of applying the same, whether in labor or money, as they may deem expedient.-Act approved March 27, 1839. SEC. 13. The said Common Council, in addition to the powers Idem. which they now have, relative to the assessing of the road tax in said city, and to the time and manner of applying the same, shall also have power to pass all such ordinances and provisions as they may deem requisite, relative to the assessing, levying and collecting of such road tax: Provided, That any person assessed for such tax, shall have the right to work out the same on or before the first day of July in each year, if he shall so elect.-Act afpproved April 13, 1841. SEC. 8. The said Common Council shall have power to pass such Idem. ordinances as they may deem expedient in relation to the assessing of the road tax in said city, and as to the time and manner of applying the same, and providing for the payment and collection of the same, and whether the same shall be paid and collected in labor, money, or otherwise: Provided, Such road tax shall not in amount exceed the rates now fixed by law.-Act apl2roved January 30, 1850. SEc. 20. The Common Council shall have full power to assess and Council may assess percollect of each individual using or being benefitted by any public so ns using or benefitted by drain or sewer, as follows, to wit: the sum of one dollar and fifty sewers cents annually, for each cellar drained directly or indirectly by a drain, into any public drain or sewer, which assessment shall be taken to include all other drainage of the premises to which said cellar especially belongs; and the sum of fifty cents annually for each lot, or subdivision of lot, being without a cellar, drainedl as aforesaid into any public drain or sewer; and such sums as may be fixed by the Common Council for all establishments requiring an unusual or extraordinary amount of drainage, drained as aforesaid; which sums, when collected, shall constitute the Sewer Fund, and shall be expended Sewer assess nients to be exclusively for the repair and construction of sewers.-Act approved a sewter fund. February 12, 1855. 47 SEC. 46. That it shall and may be lawful for the Mayor, Recorder, A capitation Aldermen and Freemen of the said city, at any meeting convened and or poll tax maybelevied held by virtue of this act, to levy by a plurality of votes of the quali fied voters present, a capitation or poll tax, upon every qualified voter Proviso. as aforesaid: Provided, That the said tax shall not in any one year exceed the sum of one hundred cents on each person to be so taxed. -Revised Charter, approvedl April 4, 1827. Ward collec- SEC. 6. It shall be the duty of said Collectors* respectively, to tors to collect city, school, collect the city and school taxes and the county and State taxes, in state and county tax. and for their respective wards, and account for the same as required Togivebonds by law. They shall be required to give bonds in such manner, and Their compensation- be entitled to such compensation, as may be prescribed by law for township officers doing similar duties: Provided, That for the col lection of the city and school taxes, they shall be entitled to take and receive only such compensation as may be fixed and allowed therefor - by the Common Council. Sections seventeen, eighteen, nineteen, twenty and twenty-one of an act entitled "An act to amend the Charter of the city of Detroit," approved February 22, 1848, are hereby repealed-Act approved February 21, 1849. Collectors SEC. 2. The several Collectors shall have power to levy upon the may sell personal proper- personal property of persons from whom taxes may be due, whenever ty for taxes. - such property may be found within the bounds of the city.-Act ap proved January 30, 1847. Warrants for SEC. 1. The warrants authorizing the collection of any tax or ascollection of taxes may be sessment which may be hereafter imposed or laid by the Common issued without demandloncl out demrnd Co uncil, of the city of Detroit, may hereafter be issued in the first instance without any previous demand or return, under the corporate seal of said city.-Act approved February 16, 1842. Collectors to SEc. 29. That all moneys to be raised by tax shall be paid over by pay over moneys to treasurer.to the Collector to the Treasurer, at such times and under such regula tions as shall be prescribed by the ordinances of the Common Council. -Revised Charter approved April, 1827. fully imposed SEC. 2. Every assessment or tax, lawfully imposed or laid by the to be a lienn on any lands, lands. authority of the Common Council, on any lands, tenements Jiereditaa ments or premises whatsoever, in said city, or upon any owner or o0cnpant thereof, shall be and remain a lien on slch lan(s, tenements, s See sec. 2, ocf act of 1849, cited Matte, p. 6 48 REVISED CHARTER OF THE CITY OF DETROIT. and hereditaments, from the time of making such assessment or imposing such tax until paid; and the owner or occupants of, or parties in interest respectively in, said real estate, shall be liable, upon de- fWhlsO lntbale for such taxes mand, to pay every such assessment or tax, to be made as aforesaid; and in default of such payment, or any part thereof, it shall be lawful for the Mayor, Recorder and Aldermen of said city, or any three of them, (of whom the Mayor or Recorder shall be one,) by warrant under their hands and seals, to levy the same by distress and sale of How collec tion enforced the goods and chattels of such owner, occupant, or lessee refusing or neglecting to pay the same, rendering the overplus, if any, after deducting the charges of such distress and sale, to such owner, occupant or lessee; but if goods and chattels cannot be found, or if such person or persons be non-residents of said city, it shall be lawful for said Common Council, to cause a notice to be published in any one of the newspapers printed in said city for one month, (four successive weekcs,~) Notice of sale of lands for if such person be a resident, and for three months. (four successive txsto be ~ ~~~~~published. wee/ks,*) if a non-resident, requiring the owners, occupants or lessees of such lands, tenements, hereditaments and premises, to pay the sum or suIis at which the same shall be assessed or taxed, or which may be assessed to any person or persons as the owner, occupant or lessee thereof respectively; and if default shall be made in any such payment, such real estate will be sold at public auction, at a day and place therein to be specified, for the lowest term of years at which any person shall offer to take the same, in consideration of advancing the sum assessed or taxed on the same, with the costs and charges in the premises; and if, notwithstanding such notice, the owners, occupant or occupants, lessee or lessees, shall neglect or refuse to pay such assessment or taxes, with the costs and charges, then it shall be lawful for the said Common Council to cause any such real estate to be sold Lands, how sold for taxes at public auction for a term of years, for the purpose and in the manner already expressed, and to give a declaration of such sale to the purchaser thereof; and such purchaser, his executors, administrators and assigns, shall by virtue thereof, and of this act, lawfully hold and enjoy the same, for his and their own proper use against every such owner, occupant and lessee thereof, and all claiming under him or them, until his or their term shall be complete and ended, being at 2* Se ec 7, cf act approved January oF 1',0I,o-s p. 50 7 49 REVISED CHARTER OF liberty to remove any building or materials which he or they may erect thereon: Provided, always, That when any lands, tenements, and hereditaments, shall be sold in conformity with the provisions of Redemption. this act, for the payment of any assessment or tax as aforesaid, if the owner or proprietor thereof shall, within the period of one year after such sale, deposit with the Treasurer of said city, for the use of the purchaser the full amouut of assessment or tax, for which the same was sold, together with interest at and after the rate of ten per cent.* per annum, from the time of sale; then the term for which the same was sold, shall cease, and be determined at the time of making such deposit, any thing herein to the contrary notwithstanding: And Persons in provided further, That the person in possession of any real estate, at osession of rnds liable the time any tax is to be collected, shall be liable to pay the tax i'nfor taxes. posed thereon; and in case any other person by agreement or other wise, ought to pay such tax, or any part or proportion thereof, the person who shall pay the same, shall or may recover the amount from the person who ought to have paid the same.-Act Palproved April 22, 1833. Pate of SEC. 6. The Common Councl of the city of Detroit shall have Interest that mhayrgbed on power to charge interest at a rate not exceeding twenty-five per cent. chargedonpwrtexednpe redemption of landpts sold per annum on the amount of any tax or assessment for the non-payfor taxes. ment of which, any lands, tenements, or hereditainents may hereafter be returned or sold, and shall have power to pass such ordinances as they may deem expedient, in relation to the apportionment of said interest and the collection of the same, and the amount or rate of in terest to be paid upon the redemption of any premises so sold: Pro qvidecl, The same shall not exceed the rate of twenty-five per cent. per annum. Time notice SEC. 7. The notice of the sale of all real estate, subject to be sold of sales of lands frtax- for the payxen t of any tax or assessment in said city, shall be pubes shall be published. lished once a week for four successive weeks, in the official paper of said city, which said notice shall be sufficient, and in lieu of any no tice or notices now required by the charter of said city, or any of the amendments thereto.-Act al,proved fran?tary 30, 1850. SEC. 2. That it shall be lawful at any time, for the lessee or pur The Council may now direct that the interest on redemptions shall be twenty-five per cent. See see. 6 of act approved January 30, 1850, next cited. 50 T'IE CITY OF DETROIT. ,Laser of any lots or grounds and wharves, to remove any building or Purchaser of lots for taxes buildings erected thereon, within six months, (thirty /days*) after the may remove buildings af ter exuDiraexpiration of said lease or time for which said lots or grounds or tion of lease. wharves were sold.-Act approved Apr3gil 12, 1827. SEc. 2. The Mayor, or in his absence, the Recorder, of said city, Mayortoleaxe I cute declarainder the corporate seal thereof, and in the corporate name, may tion of soales of lots for taxes. execute any conveyance or declaration of sales of land hereafter sold for any taxes or assessments, which, when attested by the City Clerk and duly acknowledged, may be recorded as other conveyances of land. SEC. S. It shall be the duty of the City Clerk'to bid in for the said Clerk to bid off lots for corporation. at any sale of land, for taxes or assessments, every lot of city. land for which no person shall offer to bid, and if any purchaser shall neglect or refuse to pay the sumn or sulms bidt by him within the time and under the regulations prescribed by the Common Council, such ,id shall enure to the benefit of said corporation, if the Common Council so elect; and the Mayor, or in his absence, the Pcorder, shall convey in his name, in the mainner aforesaid, to the said corporation, the lot or lots so bid off by such purchaser, or by the City Clerk.-Act al)}proved Fcbig-a)-y 1I6, 18 42 SEC. 9. WVhenever the Collector or other officer of said city, shall City may commence m a ke return in pursuance Cf law, or any tax or assessmen t roll, that suits for re covery of the tax or assessment, or any part thereof, as mentioned there'in, has taxes. not been paid or satisfied, it shall and may be lawful, if the Common Council shall so direct, to commence an action of assumpsit, in the name of the M3ayor, Recorder, Aldermen and Freemen of the city of Detroit, for the purpose of recovering such tax or assessmnent, or any part thereof; and in any such action, or any other cause or proceeding, such tax or assessment roll, and the return of the proper officer, made thereon according to law, shall be taken as primoa facie evidence of the contents thereof. The provisions of this section shall apply, and be in force in relation to any tax or assessment heretofore imposed or laid by the authority of the corporation of said city, and which remains unpaid or unsatisfied: Providecd, always, That such action and the proceedings had therein shall not appear so as to release or Such suits shall not disdischarge any lien that has or may attach on any lands, tenements or chargellens. See section 6 of act approved April22, 1833. 51 REVISED CHAPTER OF[ premises, on account of such tax or assessment, until the same shall be paid or collected. Conveyarne SEC. 10. That the conveyance made in pursuance of the sale of of lots prima facie evi(flence.vi any lands, tenements or premises for the non-payment of any tax or assessment in said city, shall be taken and received as Arima faciet evidence of the regularity of the proceedings whereon such convey ance or title is founded.-Act a2-2froved April 13, 1841. writof pos- SEc. 8. Whenever any lands, tenements or hereditaments, shall be session may beissued by sold or leased, pursuant to the provisions of section second of an act Mayor's court to re- entitled "An act to amend the several acts of the city of Detroit," m~OVe occupant of lands soldfor taxes approved April 22, 1833, for the payment of aly assessment or tax, imposed by the authority of the said Common Council, and the owner or proprietor thereof, shall not, within one year after such sale or lease, deposit with the Treasurer of said city, for the use of the pur chaser or lessee, the amount of the assessment or tax, for which the - same was sold or leased, together with interest, at the rate of ten per cent.* per annum, from the time of sale or lease, then, upon the facts being made satisfactorily to appear to the Mayor's Court, at a regular session thereof, the said Mayor's Court may award a writ of posses sion, directed to the Marshal of said city, commanding him, in the name of the people of the State of Michigan, to take with him the force of the city, if necessary, and cause the owner, proprietor or occu pant, as the case may be, of the lands, premises or tenements in Coststhereon question, to be removed therefrom, and to place the purchaser or lessee in peaceable possession thereof, and to make out of the goods, chat tels, lands and tenements of such owner or occupant the sum of ten dollars, for costs and trouble in the premises; and the said Marshal When writ shall execute said writ pursuant to the command therein contained. to issue. No writ of possession shall issue, until the person in possession shall have been notified to show cause why the same should not issue.-Act approved April 13, 1841. * Now twenty-five per cent. See section 6 of act of 1850, cited, ante, p. 50, 59 THE CITY OF DETROIT, PART IX. RELATIVE TO AN ALMS AND WORKu HOUSE. SEC. 31. The Common Council are hereby vested with full power com. Council mlay establish and authority to provide by ordinance for the organization, regula- an alllssy 1.011Se, asytion, control and support of an Alms House Department, including lumopitablind, therein an alms house proper for the support and relief of the poor of said city, hospitals for the care of the sick, asylums for the insane and blind, nurseries for poor and destitute children, houses for the confinement, correction or punishment of males over sixteen and females over fourteen years of age, who shall be convicted, before any court of law, of violating any law of the State of Michigan, or any ordinance of the city of Detroit, for which, under existing laws, or any which may be hereafter enacted, they would be liable to confinement in the city prison, or the jail of Wayne county; houses for the confinement and reformation of males under sixteen and fenmales under fourteen years of age, who shall under existing laws, or those hereafter enacted: be liable to confinement in the city prison or jail of Wayne county, or in the State penitentiary, when in the discretion of the court, or magistrate giving sentence, the public interests would be subserved thereby; houses wherein vagrants, disorderly persons, and persons guilty of petty offences, may, upon conviction before any court of Also work yhouses. competent jurisdiction, be confined and compelled to labor in such manner as shall be prescribed by ordinance. SEC. 32. The Common Council may from time to time. as in Maylevy taxes for their discretion the circumstances may require, levy and collect taxes, sueh purin addition to those heretofore authorized by law, upon all the taxa, ble real and personal estate in the city, in the manner and subject to the limitations prescribed in the charter for levying city taxes, for the purchase of lots, the erection of suitable edifices thereon, and the protection, government and support of said Alms House Department, and for the payment of all legitimate and necessary expenses thereof; and shall from time to time, employ and appoint sunch and so many officers and assistants as they may deem necessary for the control, management and safety of the different branches of said department. SEC. 33. Whenever by the sentence of any Court, any person Certain ex penses to be shall be confined in any branch of said department who would, un- paid by State der existing laws, or those hereafter enacted, have been liable to 53 REVISED CHARTER OF confinement in the State prison or penitentiary, all expenses attend ing the confinement or maintenance of such person shall be paid by the State Treasurer, quarter-yearly, on the certificate of the City Auditor that such expenses have been incurred; and whenever any person shall be confined, supported or maintained, in any branch of said department, for whose confinement, support or maintenance any township in the county of Wayne, or any county in the State of Michigan, would have been liable, under the provisions of law, all expenses attending such confinement, support or maintenance, shall in like manner be paid quarter-yearly by the Treasurer of such Also by coun- township or county, upon the certificate of the City Auditor that such ties and townships. expenses have been incurred. Persons re- SEC. 34. Every person confined, supported, maintained or relieved quired to labor, who are in said department, whose age and health will permit, shall be emreceived into such establishments. ployed in some useful labor, and the officers in charge thereof shall use their best endeavors to provide for all persons uLnder their care, such labor as, on trial, shall be found to suit the capacity of the indi vidual. It shall be the duty of the officeers to keep and employ Inmatestobe separate and apart from each other, the paupers and criminals, and classified. as far as possible to classify the latter, so that the novice in crime may not be contaminated by the evil example and converse of the more hardened and confirmed. The hours of labor, which shall Hours of la- not exceed ten per day, shall be regulated and fixed by the Common bor. Accounts to CounciL There shall be an accurate account kept with all paupers, be kept with paupers. charging them with the expenses incurred by the city for their board and maintenance, and crediting them with a fair and reasonable compensation for the labor performed by them; and when they shall leave the department, if any balance shall be found due them, it shall be paid to them in cash at the time of their discharge: Provi ded, That the Common Council may, in their discretion, order said balance to be paid to some discreet citizen, who shall expend or in vest the same for the benefit of such pauper, and shall report fully his action in the matter to said Council. And in case any convict Paupers or or pauper shall refuse or neglect to perform the work allotted to him convicts re- fsiwork tay be or her by the person in charge, such convict or pauper shall be punpunished. pise ished by solitary confinement. and shall be fed on bread and water only, until they shall comply with the rules of said department, not 64 THE CITY OF DETROIT. exceeding five days at any one time, and such refusal and punishment shall be forthwith reported to said Common Council; and in case any pauper shall refuse or neglect to perform the work assigned to him or her, on three several occasions, such paupers shall be expelled from the Alms Hlouse. SEC. 35. The Mayor, Recorder or any two Aldermen, or any Who may commit to Court or Magistrate of competent jurisdiction, in the city of Detroit, alms house-t department, or the county of Wayne, may commit to any branch of said depart- and who to be commited ment provided for punishment or reformation, any and all such persons as shall be convicted as vagrants or disorderly persons, or as persons guilty of any offences against any of the laws of this State, punishable by fine or imprisonment in the city prison or the jail of Wayne county; and for whose punishment in the State prison the laws do not provide. And any Court of competent jurisdiction in the State of Michigan may, in their discretion. commit any male Idem. under sixteen,- or-any female under fourteeen years of age, to the work-house branch of said department, who shall be convicted of any crime punishable by confinement in the State prison, whenever in their opinion the welfare of the public and the convict will be promoted thereby. The Director of the Poor of the city of Detroit shall commit to the Alms Ihouse all paupers who shall apply to him for Idem. that purpose. or for whose support or maintenance the laws authorize him to provide. The officers in charge of said department may receive and provide for, or confine, any insane, or blind or idiotic per- Provisions relative to son, or any male under sixteen, or female under fourteen years of insane, blind or idiotic perage, who shall be brought to them by the Director of the Poor, or sons. other proper officer of any township in this State, or by the parent, guardian, or friend of any such person: Provided, That such officer, parent, guardian or friend shall give ample and satisfactory security for the payment, at least once a month, of all expenses that may be incurred on account of the person so received: And providedfurther, That nothing herein contained shall be so construed as to make any person who may be brought to said department for confinement or maintenance a citizen of Detroit. SEc. 36. The chief officer of said department shall have full Mineor chi ( Iren Inmalms power to indenture and bind out, as apprentices, during their mi- ho-use may * 2,aymn chlrnw a be bound YuIt nority, any minor children who may be under their care and control 55 REVISED CHARTER OF by reason of the provisions of this act, or any other law of this State, in the forms and with the provisions now prescribed by law: Proviso. Provided, That such child shall have been under the care and con trol of said department for at least three months; and he shall have the same power that is possessed by parents or guardians to cancel such indenture. Powers of SEC. 37. The officers in charge of said department shall have officers of alms house power to transfer any person committed to their care from any one department. branch to any other branch of said department. It shall be lawful for said officers. and they shall have full power in relation to all per sons committed as, vagrants, by reason of their being persons who shall have contracted an infectious or other disease, in the practice of drunkenness or debauchery, requiring medical aid to restore them to health, after the same shall have been, under medical treatment, sufficiently cured to be discharged, or to work or labor, in their dis. cretion, to detain such person or persons, and commit them to the work-house branch of said department, until from the proceeds of their work and labor, there shall have been received by said officers, beyond the charge of their support while in said workhouse, a sumi sufficient to reimburse all the expenses of their charge and care while under medical treatment as aforesaid: Provided, That under this section no person shall be so detained in said work-house for a longer period than six months. Com. Council SEC. 38. The Common Council shall make all by-laws, ordinances, to make laws and regula- rules and regulations, necessary to carry into effect the provisions of tions relative toalms house this act, and shall have full power to change, amend, alter, repeal or annul such ordinances, by-laws, rules, and regulations, from time to time, as they in their discretion shall deem requisite. Shall appoint SEC. 39. The Common Council shall, by committees by them for committees to visit and that purpose duly appointed, visit and inspect said department and inspect same. all its branches thereof, at least twice each year, and it shall be made the duty of some city officer to visit and inspect every branch of said department once in each week, who shall report to said committee anything which in his opinion shall require the attention of said comDuty of corn- mittee; whereupon it shall be the duty of said committee to visit mittee. said department and correct the evil if in their power, or to report the same to the Common Council for its action.-Act approved Feb rzai —y 12, 1855. 56 THE CITY OF DETROIT. PART X. RELATIVE TO MAYOR'S COURT. SEC. 31. That the Mayor, Recorder and Aldermen, or any three Powerof Mayor, Rteof them,* of whom the Mayor or Recorder shall always be one, shall corder, and Aldermen to have full power and authority, and they are hereby vested with full try ofences y ~~~~~committed in power and authority, to inquire of, hear, try, and determine, in a sum- the city. miary qnanner, all the offences which shall be committed within the said city, against any of the laws, ordinances or regulations that shall be made, ordained or established, by the said Common Council, in pursuance of the powers granted them in this act, and to punish the offender or offenders, as by the said laws, ordinances or regulations shall be prescribed or directed; and to award process and take recognizances for the keeping of the peace and for good behavior, and for appearance or otherwise, or to commit to prison, as occasion shall lawfully require. SEC. 32. That the Mayor, Recorder and Aldermen, * holding such Powers in term and in court, in term, and each or every of them, in vacation, shall have the vamation, y ~ ~ ~ ~~~~~~~~same as same powers, as conservators of the peace within the limits of said courts ofd us tice. city, as any courts of record have, or any Justice of the Peace has or shall have, by law, in any county of this Territory. SEC. 33. That for the ends, intents, and purposes, in this act men- May hold a court of retioned, the said Mayor, Recorder and Aldermen,* or any three of cord; its stvle them, of whom the Mayor or Recorder shall always be one, shall have full power and authority to hold and keep a court of record within the said city, by the name, style, and title of the " Mayor's Court of the city of Detroit:" Provided, That in case of the sickness, death, or Proviso. absence of the Mayor and Recorder, the said court shall be held by the Aldermen.-Revised Charter, approved April 4, 1827. SEC. 2. The Mayor's Court shall be held by the Mayor, and in Who shall hold Mayor's case of his absence from the Court, by the Recorder, and in case of Court. the absence of both, by any Alderman previously designated by the Common Council. SEC. 6. All acts and parts of acts contravening the provisions of this act, are hereby repealed.-Act approved Mfarch 16, 1847. I Court now held by Mayor, or Recorder, alone. See sec. 2, of act approved March 16, 1847. 8 57 PREVISED CHARTER OF Terms of SEC. 34. That the said Mayor's Court of the said city shall be court. held on the second Monday of every month, and the terms of said court may continue for three days, or until all the business of said term shall be disposed of.*-Revised Chalrter approved April 47 1827. Specialterms SEC. 3. It shall be competent for the Mayor, Recorder and Al dermen, or any three of them, (of whom the Mayor or Recorder shall always be one,) to hold special terms of the Mayor's Court of said city, as often as they may deem it necessary or expedient, for the despatch of business in such court.-Ad aDiproved April 22, 1833. City Clerkto SEC. 35. That the Clerk of the said city shall be the Clerk of the be Clerk of Court.,, said Mayor's court, and shall perform all the duties of Clerk of the said court, and shall be entitled to demand and receive all the fees and perquisites belonging to said office. Duties of SEC. 36. That the Marshal, Clerk and Constables in the said city, Marshal, Clerk and shall attend the said Mayor's Court, unless such attendance be disConstables as officerstfsaid pensedl with by the Court, and obey and perform all the duties of their respective offices, as well when required by the said Mayor's Court, or any judge thereof, as otherwise; and the said Marshal and other Ministerial officers of said city, shall execute and return all the pro cess of the said Mayor's Court, directed to them respectively, in the same manner as the Sheriff and other officers of any court of record in this Territory. Of the prac- SEC. 37. That the practice of the said Mayor's Court shall be regtice of Mayor's Court. ulated agreeably to the rules and practice of the Supreme Court of this Territory, where the same are applicable, and until the said May or's Court shall have made rules for its practice, which the said Mayor's Court is hereby authorized and empowered, from time to time, to do. SEC. 47. That all writs and process from the Mayor's Court shall run in the style of the United States of America,t and shall bear test in the name of the said Mayor, if not interested, but if interested, then in the name of the Recorder; shall be sealed with the seal of Style and test of process from Mayor's Court. * A proviso to this section, contained in the original act, limiting the term of the Court, repealed by act approved April 22,1833. t Process now to run in name of "'People of the State of Michigan." See sec. next cited from act of 1839. 58 THE CITY OF DETROIT. said Court, be signed by the Clerk, and be dated on the day on which the same may issue. —Revised C/ag'ter, approved Ayril 4, 1827. SEC. 16. All process and proceedings in the Mayor's Court, (which Process, mc., to be in name is hereby declared to be clothed with similar jurisdiction and powers of People of Michigan. as heretofore.) shall be in the name of the people of the State of Michigan.* —Act approved March 27, 1839. SEC. 45. That in all process, prosecutions or proceedings, before Persons not incompetent the said Mayor's Court, no freeman ef said city, summoned and at- as witnesses on account of interest as a tending as a witness, shall be deemed incompetent to testify as a wit-freeman. ness, on account of the interest such witness may have, as a freeman of said city, in the event of such process or proceedings.-Revised Charter, approved April 4, 1827. SEC. 1. In no case before any court, nor before any Justice in the Jurors, wit nesses. court State of Michigan, whenever the Mayor, Recorder, Aldermen, and orofficers not to be objected to because freemen of the city of Detroit are, or may be parties, or interested, they aarse citizens of shall it be deemed to be ground of objection to jurors, witnesses or Detroit. eourt, or to either or any of them, that they are freemen or citizens of said city, nor shall it be a good objection to jurors or witnesses, that they have been subpccned or summoned by an officer of said city, who is a freeman or citizen thereof, on the ground that such officer is therefore interested. —Act approved April 13, 1841. SEC. 41. And to the end and intent that such person and persons, Court in ses sion, or Maycharged with the offence and offences, supposed by such charges to or, Recorder or Aldermen, have been committed within the said city, against the provisions of in vacation, may issue capias to apt h i s act, as shall dwell, remain, lurk, or (reside,) without th e bounds prehend per sons charged and limits of said city, may be brought to justice, the said Mayor's with offen ces, whirCourt, in session, and the Mayor or Recorder, or either of the A1-ever they may be found dermen of said city, shall and may, in vacation, as often as occasion shall require, issue his or their writ or writs of capias, under the seal of the court, to the Sheriff or Sheriffs of any county or counties, or town corporate, within this territory, directed, commanding him or them to take and bring the body or bodies of such person or persons, as shall be so as aforesaid charged, before him, the said Mayor, Recorder and Aldermen, or either of them,to be dealt with according I The remainder of this section, as contained in the original act superseded by provisions of act of 1848, relative to juries in Mayor's Court. 59 REVISED CHARTER OF to law; and every Sheriff or other officer, to whom any such writ or writs of capias shall be directed or delivered, is hereby enjoined and required to use such due diligence to execute the same, under such Officers to pains and penalties as are by law incurred by any Sheriff or other whom writis directed, to officer, for neglecting or refusing to obey and execute any capias or serve the same, or Ilibletopenalty other process to him directed or delivered; and that in case where the person so charged as aforesaid, shall be within the limits of the county of Wayne, and out of the limits of the said city, the writs and Marshal or process may be directed to the Marshal or any Constable of the said Constables may serve city, who shall be authorized to serve the same within the limits of writ in Wayne Co. rroviso.c' the said county: Provided, That the person or persons, preferring the charge mentioned in this section, shall be responsible for costs and damages, in case of acquittal.-RLevised Charter, approved April 17, 1827. Council may SEC. 16. The Common Council of said city shall have power and provide city prison. authority to provide a city prison in said city, where all persons charged with, or convicted of, offences or misdemeanors against the charter, by-laws or ordinances of said city, may be confined or im prisoned, until discharged by authority of law; and the said Common Appointoffi- Council shall appoint all officers necessary for said prison, prescribe cers for same- their powers, and dutles, regulate the time and manner such prisoners shall be kept at labor, and make all by-laws, ordinances or orders concerning the good.government and regulation of said prison, and for the punishment of such prisoners who may refuse to work therein, as they may deem necessary and proper. Persons ar- SEC. 17. Any person arrested by virtue of any process from the rested, confined in Mayor's Court or by authority of any officer of said city, may be concounty lall. fined in said prison to the same effect as prisoners are or may be de tained in the jail of the County of Wayne; and any law of this State prohibiting escape, aiding prisoners to escape, or any other act detri mental to safety of prisoners in a county jail, shall apply to said prison: Provided, The Common Council, or the Mayor or Recorder of said city, may at any time direct any or all of such prisoners to be remov ed from said city prison to the jail of the county of Wayne: And provided, also, Such prisoners, or any of them, may at any time, in the first instance, be confined in the said county jail, whenever the same may be deemed necessary by said Common Council; and the 60 THE CITY OF DETROIT. keeper of said jail or city prison shall be allowed such compensation Ciompensa tion to prison for keeping and providing for prisoners confined therein, as the Coln- keeper for keeping prismon Council may determine to be just and reasonable, not exceeding oners. the amount allowed by the County Commissioners for county prisoners.-Act approved,April 13, 1841. SEc. 38. That the said Mayor's Court established by this act, is Of theJ.uris diction of hereby vested with full power and authority to hear, try and deter- cMoayors Court. mine, according to the laws of the United States, or of this Territory, and according to the by-laws and ordinances of said Common (Council, and according to the course of the common law, all actions, personal or mixed, arising within the limits of said city, and to which the Mayor, Recorder, Aldermen and Freemen of said city, in their corporate capacity, are a party, and especially for the collection of taxes or other debts due, or which may become due to said corporation, for the rents of any buildings, lands or premises belonging to said corporation, and for obtaining possession of lands or tenements belonging thereto, and for eviction of tenants holding over possession) after their leases shall have expired: Prrovided, That no tenant shall Proviso. be turned out of possession, unless the Marshal or other officer thereto directed, shall have given such tenant six days' previous notice, after the expiration of his lease. SEc. 39. That the said Mayer's Court shall have full power and Further as to jursdlction. authority to hear, try and determine, according to the laws of the ursction. United States, or of this Territory, and according to the course of the common law, all such offences and misdemeanors, of which this court has jurisdiction or cognizance by this act, although no by-law or ordinance shall have been made or passed relative to such offence. —Revised Charter, approved April 4, 1827. SEFc. 2.* And the said Mayor's Court, when any defendant is found Mayor's Court may guilty of the complaint or information filed against him, may punish punitsh by fine, bohli to bail, or cornsaid defendant by fine and costs, and may hold him to bail for good mitto prison. behavior in such security, as circumstances may require, and may further order that such defendant stand committed, and be kept at hard labor, until his sentence be complied with. 'The former part of this section, enacting whose duty it shall be to hold the Mayor's Court, being inconsistent with, and consequently repealed by, the act of 1847, is not inserted. 6.1 REVISED CHARTER OF SEC. 3. The Mayor's Court of said city, in addition to the powers it now has, shall have and exercise original jurisdiction in all personal actions and remedies at law, arising within the limits of said city, and to which the Mayor, Recorder and Aldermen and freemen of the city of Detroit, in their corporate capacity, are a party plaintiff. And the said Court shall have and exercise all the powers usually exercised by any court of record, at the common law, for the full exercise of the jurisdiction given to it by law: Provided, That when an issue of fact shall be joined in any civil action, in said Mayor's Court, a jury shall not be called to try the same, unless upon the request of either party, and in such case a jury shall be summoned, drawn and sworn, as in other cases provided for in said court. And if, from any cause, the said court shall not be held on the day appointed therefor, all causes or matters therein shall stand continued till the next meeting thereof -Act approved April 13, 1841. Additional Ewers of Mayor's Court. SEC. 1. That in all cases where a jury may be required by the Common Council of the city of Detroit, the same shall be obtained in the following manner: SEC. 2. The Common Council may, at any time, not oftener than once a year, direct the Assessors of the several wards or districts to select from their respective assessment rolls, as last prepared, a list of the names of two hundred persons, who are legally qualified voters and residents of the city of Detroit, and return the same to the Common Council, to serve as jurors in all cases, required as aforesaid, which said returns shall be signed by said Assessors, respectively, and filed with the City Clerk. [But it shall not be necessary to place on said list the name of any person who is exempted by law from Assessors to make out a list ofjurors and return same to Council. serving as a juror.*] SEC. 3. WThen such returns are all made, as above provided the City Clerk shall write the name of said persons so selected on sepa. rate strips of paper, and deposit and preserve the same in a jury box, to be kept for that purpose, and such persons so returned shall be liable to serve for the period of at least one year, and until another return shall be made in the manner aforesaid, under the direction of the Common Council. Clerk to deposit names of persons returned as jurors in a jury box. 'The words in brackets are added to section 2 and also to setion 4, on next page, by Sec. 41, of act approved February 12, 1855. 62 Juries. THIE CITY OF DETROIT. SEC. 4. Whenever a jury shall be required at a sitting of the May- Ioowjury drawn for or's court, the City Attorney shall notify the Clerk of the same, who Mayor's Court. shall forthwith in the presence of the presiding officer of the court, and the Marshal, proceed to draw from said jury box the names of twelve persons, who shall serve as such jurors, and the Clerk shall How sum monted. immediately make out a venire facias, commanding the City Marshal, or any city Constable, to summon the parties so drawn to attend the session of said court, and not depart the same until discharged, under such penalty, not exceeding ten dollars, as the court may impose; and in case of a default in the attendance of such jurors, or in case the number in attendance be reduced by challenge, (the right to which is hereby extended to the parties, as in circuit courts:,) the said Mayor's court shall have the power to direct the summoning of talesmen, who Talesmen. shall be subject in case of default, to the penalty in this section provided. [And such jury shall attend the session of said court to which they shall be summoned, until discharged by the court; and they shall be competent to try all issues and cases pending in said court, which may be submitted to them. *]-Act approved February22, 1848. SEC. 40.t It shall be lawful for the said Mayor's Court to punish, Court may punishjurors by fine or otherwise, any juror for non-attendance, when summoned as fornon-atten dance., aforesaid, in the same manner as the County or Circuit Courts of this Territory, may lawfully do; and no juror summoned and attending as aforesaid, shall be deemed incompetent to' serve as a juror, on account Juror not incompetent of the interest which such juror may have as a freeman of said on account of interest as a city, in the event of the cause to be heard and tried; and said May- freeman. or's Court shall have full power and authority to establish, from time Court may to time, the costs and fees of all the officers and witnesses attending estabnlish fees said court: Provided, That no higher costs or fees shall be at any time allowed than those which are or may be established for similar services in the County Courts of this Territory: Provided, also, That Proviso. said fees shall be demanded, taken and recovered, in the same manner in all respects as is or shall be provided by law for the taxing and recovering of the like fees in the said several County Courts.Revised Charter approved April 4, 1827. ,See note on page 62, ante. t The former part of this section, relative to the manner of obtaining juries for Mayor's court, being inconsistent with the provisions before cited from act of 1848, is not inserted. 63 REVISED CHARTER OF Further as to SEC. 6. The Mayor's Court of said city is hereby vested with full costs andfees power to establish, from time to time, the costs and fees of all officers and witnesses attending the said court, but shall not fix them at a higher rate than those which are, or may be, established for similar services in the Circuit Court.-Act approved April 13, 1841. Rules ofCir- SEC. 4. Any civil action, of which said Mayor's Court has or may cuit Court to aplyr's have jurisdiction, may be commenced and proceeded in, in the same Court in civil cases. manner as is or mlay be required by the laws of this State in relation to such actions in the Circuit Court for the county of Wayne, so far as the same can apply; and the rules of the said Circuit Court shall, so far as the same can apply, be observed in all cases when the amount of debt or damages exceeds one hundred dollars: Pr-ovided, That upon all judgments not exceeding one hundred dollars upon civil ac tions before said Mayor's Court, (except) actions upon recognizances, Stay ofexlke the defendant shall be entitled to a stay of execution as is provided for c~ution'in Ilik,, manner as in Jmuastincersa in judgments upon actions before Justices of the Peace; and that any Court; appeal allowved party conceiving himself aggrieved by any judgment in any civil to Circuit Court. actionsbefore said Mayor's Court, may appeal to the Circuit Court for the county of Wayne, by, within five days after judgment, paying all the costs that may have accrued and entering into a recognizance, with at least one surety, in a sum not less than fifty dollars in any case, and where the whole amount of the judgment for debt, and damages, and costs shall exceed twenty-five dollars, in double the amount thereof, conditioned to prosecute the appeal to judgment, at the next term of the Circuit Court, and to abide the order of said court therein, and all proceedings before said Circuit Court, in cases of appeal by virtue of this section, shall conform, as near as may be, to proceedings in cases from Justices of the Peace. When cases SEC. 5. Whenever a writ of certiorari to remove any judgment of removed by certiorari, re- said Mayor's Court shall be granted, the same shall not operate as a cognizance to be given. stay of execution, unless the party suing out the same, his agent or attorney, shall enter into recognizance, with at least one responsible (surety,) to be approved by the City Clerk, in a sufficient sum, not less than double the amount of the judgment and costs, conditioned to prosecute such writ of certiorari to judgment, at the next term of the Supreme Court, and abide such order as the court may make therein. SEC 23. The said Mayor's Court shall have full power and au 64 THlE CITY OF DETROIT. tlority, and are hereby declared to have full power and authority, to Jurisdiction of Mayor's, hear, try and determine, pursuant to the provisions of section thirty- Court cor-l firmed. one of the "Act relative to the city of Detroit," approved April 4, 1827, all offences which shall committed within said city, against any of the laws, ordinances, or regulations of said city, passed, ordained or made. or which may be passed, ordained or made by the Common Council of said city, in pursuance of authority in such behalf lawfully granted unto them.-Act app roved April 13, 1841. SEc. 4. That when any person is convicted of any violation of the Mayor or Re corder may ordinances or by-laws of said city, before the Alayor's Court of said discharge a prisoner oil city, for which a fine shall be imposed, it shall and may be lawful for certain terms said Court, in term time, or for the Mayor or Recorder, in vacation, after such conviction, to discharge such prisoner, upon his giving satisfactory security, by a good and sufficient bond, payable to the Mlayor, Recorder and Aldermen of the city of Detroit, conditioned that the amount of his fine and all costs and charges shall be worked out upon the streets of said city of Detroit or otherwise, as may be required, under the authority of the said Common Council, and in the event of a breach of any such bond, a suit shall be instituted thereon, in any court having jurisdiction, and on the rendition of judgment thereon, there shall be no stay of execution allowed. SEc. 5. That it shall be competent for the Common Council of Prersonseon victed in said city to employ, under the superintendence of any person or per- Mayor's Oollrt may be sons, to be appointed by said Common Council, any person or persons serplyed on , ~~~~~~~~~~~~~~~~~~~~~~~~~streets. who may be convicted in said MIayor's Court, and who may not have availed himself, or may not be entitled so to do, of the provisions of the fourth section of this act, to work on the streets of said city or otherwise, as the Common Council may direct, during the period for which such person or persons shall have been sentenced to imprisonment, and until such person or persons shall have paid up, in such work, all costs and charges; and when the sentence of said Mayor's Court may be for fine and costs, then until payment is made as aforesaid, of such fine and costs, and all charges; and on the payment of such fine and costs to discharge and release such prisoner or prisoners; and when the convicts who may be confined in the jail of the county ConCvictsiI of VWayne, by the judgment or sentence of any other court, or Justice montyjai ~or Justices, in said county, are not otherwise employed tunder any e strt or Juistices, in s~aid county, are not otherwise employed under any ex..streets., 65 isting provisions of law, the said Common Council are hereby em powered also to employ such convict or convicts to work on the public Proviso streets of said city: Provided always, That all such convicts to be employed as aforesaid, shall, while at labor, be secured by ball and chain, or otherwise, as the said Common Council may direct, and shall not be suffered to remain out of said jail other than in the day time, and not after sun-set and the said Common Council are empowered to make such by-laws and ordinances as may be necessary to carry the provisions of this, and the preceding section into effect.-Act ap proved June 29, 1832. Iow fines SEC. 42. That it shall be the duty of said City Marshal, and of an(l CoStS to bedisposed his assistant, if he has any, to pay into the hands of the City Clerk, of. immediately on receipt of the same, all fines, penalties and costs im posed by said Mlayor's Court. who shall forthwith pay over said fines and penalties to the City Treasurer, and pay the costs to the offiClerktomake cers entitled thereto; and said Clerk shall make quarterly reports to quarterly reortsto said Common Council. of all the cases disposed of in said Court, ouncil of businre,ss of stating the several fines and penalties imposed, the manner in which Mqa.N orfssttnthseeafieanpe Court. the same may have been satisfied, and the sums which he may. from time to time, have paid to said Treasurer as aforesaid.-Act app2roved February 12, 1855. PART XI MISCELLANEOUS PROVISIONS Printed Co- SEc. 25. The printed copies of all by-laws and ordinances passed paies lb wes and or- by the Common Council. and which shall be published under their audinances primafacit thority, shall be admitted as prima facie evidence thereof in allthe evidence thereof in courts. courts of law in said city, and on all occasions whatsoever; and the Common Council may require the Clerk to preserve, in a sufficient book, all by-laws and ordinances published as aforesaid, from time to time. Clerk toad. SEc. 26. The Clerk of said city is hereby authorized to adminminister oatst. ister oaths, take affidavits and recognizances, in all imatters and things soever, connected with the city corporation, or appertaining to his office, or the duties thereof.-Act approved April 13, 1841. REVISED CHARTER OF 66 TrHE CITY OF DETROIT, SEc. 7. That it shall be lawful for the Mayor, Recorder and Mayor,&c. may adminir,, Aldermen, and each of them, while in office, and until their success- ter oaths. ors are duly qualified. to administer oaths and to take affidavits: Pro vided, They shall receive no fee for administering such oath. SEc. 8. That hereafter the Constables in the city of Detroit, while Power of constables in office., shall be respectively vested with the same power, and per form the same duties, which may be vested in and performed by any Constable of the county of Wayne, and shall be subject to the same fees, and take the same oath: Provided, That every such Constable, before entering on the discharge of such duties, shall enter into a bond To give of the United States in the penal sum of two thousand dollars with bond. good and sufficient sureties, to be approved of by the Mayor, or Re corder of said city, conditioned well and faithfully in all things to perform and execute the office of Constable, during his continuance in office; and to pay to each and every person such sum or sums of money, as such- Constable shall become liable to pay for, or on account of, any execution that may be delivered to such Constable for collec tion; which bonds shall be filed with the Clerk of the city of Detroit, and shall be liable to be put in suit in the same manner as Sheriff's bonds are by law-.'-Act approved June 29, 1832. SEc. 42. That all the rights of the corporation known by the name All rights of in ~~~~~~~~~~~~~~board of trusof the " Board of Trustees of the city of Detroit," in and to all lands, tees ooftcity of Detroit. vest ed In the tenements, hereditaments, ferries, wharves, alarket stalls, landing places, Mayor, tRe corder, Algoods, chattels, moneys and effects whatever, and all other lands, dermen and Freemen of tenements, hereditaments, rights, franchises, privileges, goods, chat- the city of Detroit. tels, moneys, and effects whereof any person or persons, bodies corporate or politic, are seized or possessed, or which they or any of them hold or enjoy in trust for or to the use of the citizens of the said city of Detroit, or which said citizens are in any wise entitled to; and they are hereby severally and respectively vested in the said corporation, heretofore and by this act erected, by the name of the" Mayor, Recorder, Aldermen, and Freemen of the city of Detroit," to and for the use of the same, and their successors forever, saving, nevertheless, to all and every person and persons, bodies politic and corporate, his, her and their just rights therein. *A proviso to this section which is contained in the original act, being inconsistent with the acts of 1839 and 1849, is undoubtedly repealed by those act, and is therefore omitted. 67 REVISED CHARTER OF PersonsI evi SEC. 43. And to the end and intent, that all and singular the estate holding evi- z deuces, &C., and estates, rights, privileges, and interests aforesaid, may be had of said rights, to deliver the same to ncor- and received by the said Mayor, Recorder, and Aldermen, and be by poration. 0 them and their successors faithfully applied to and for the use of the said citizens and their successors forever; that all and every person and persons, bodies politic and corporate, who are or shall be seized or possessed thereof, shall, on reasonable request, deliver the same to the Mayor, Recorder, and Aldermen, together with all deeds, eviden ces, books and other papers, touching and concerning the same, with proper assignments, when the same shall be necessary and just, or true and fair copies thereof; and whoever shall fail herein; shall be liable for the same, and shall moreover forfeit and pay to the Mayor, Re corder, Aldermen, and Freemen, any sum of money not exceeding one hundred dollars, to be sued for and recovered in any court of record in this Territory. SEC. 44. That the said Mayor, Recorder and Aldermen, shall, once Account of in every year, cause to be published, a just and true account of all the receipts and expenditures moneys which shall have accrued in their corporate capacity, during to be published, &c the year next preceding such publication, and also the disposition thereof, and shall also lay a copy thereof before the Legislature of the Territory, if so required by said Legislature. This a pub- SEC. 48. That this act shall be deemed a public act, and shall be lic act, &c. construed benignly and favorably, for every beneficial purpose therein intended. Corporation SEC. 49. Provided, however, and be it further enacted, That to have no right to the nothing in this act contained shall be construed to vest in said corpowater or water lots in fronte of the ration or any officers thereof, any right to the water, or the lands under farms included in the water, in front of the farms included within the said city, nor any limits of the city; nor to exte;nd lanes power to erect or cause or authorize to be erected, any wharf or other and alleys acnrosssallid thing on the said land; but the right of the proprietors of the said farms. farms, to the water and lands in front of said farms, and to fill in the water and erect fixtures thereon, shall remain and vest in said propri etors, the same as if this law had not passed: And provided, furtlter, That nothing in this act contained shall be so construed as to authorize the said corporation or other authority created by this act, to extend 68 THE CITY OF DETROIT. the lanes, or alleys* of said city across said farms unless by consent of the proprietors thereof respectively. SEc. 50. That at all times hereafter, the legislative authority of Legislature may alter the Territory, shall have full power to alter and amend this act when- this act. ever it may be considered expedient and necessary.-Revised Charter al-proved April 4, 1827. !The section as originally passed prohibited the extension of" streets" across t-,he farms embraced in the city. It was amended by striking out " streets," and inserting "lanes and alleys," by act approved March 4, 1843. 69 I I ACTS RELATIVE TO THE CITY OF I)DETRO1T. AN ACT to authorize the Corporation of the city of Detroit to contract a loan. SEc. 1. Be it enacted by the Legislative Council of the Territory corn. Council authorized to of llIichigan, That the Mayor, Recorder and Aldermen of the city conertai loan certain loan. of Detroit, be, a-nd they are hereby, authorized and empowered to contract a loan for the use of said city of Detroit, not exceeding fifty thousand dollars, at an interest not exceeding six per cent. per annum, and which shall be redeemable in thirty years: Provided, That a Proviso. majority of the freemen of said city, in public meeting assembled, shall, by a vote, authorizing (authorize) such loan to be made; and public notice shall be given in all the newspapers printed in said city, not less than ten days before said meeting shall assemble, for the purpose contemplated by this act.-Act approved 1March 30, 1835. AN ACT to authorize the election of Constables in the city of Detroit. Be it enacted by the Legislative Council of the Territory of llichigan, That the electors of Detroit, on the usual days of the election for city officers, may elect their city Constables, whose duty it shall be to attend the sessions of the Mayor's Court of said Ceonstabele8s to be police officity, and who shall perform the duties of police officers of said city, jcest taoeresub val by city which Constables, or any of them, may be removed by the Mayor, board. Recorder and Aldermen, on cause shown; and vacancies may be filled by said Mayor, Recorder and Aldermen to the end of the year.* See further as to the election and duties of Constables, ante pages 6, 11,12, 13, 29, 67. ACTS RELATIVE TO Duties and SEC. 2. The Constables elected as aforesaid, may also perform the liabilities. same duties, and shall be subject to the same liabilities as Constables in other townships in this Territory. Togire e- SEC. 3. The Constables elected as aforesaid, shall qualify and give curityu security according to law, before they can enter upon the exercise of their official duties, which security shall be subject to the approval of the Common Council of said city.-Approved ll]aIclb 30, 1835. SCHIOOL LAW'S Of the city of Detroit, as collated and published by the Board of Education of said city, A. D. 1855.~ Detroit to be SEC. 1. Be it enacted 6y the Senate and House of Representatties one school district. of the Stateof Michigan, That the city of Detroit shall be consider ed as one School District, and hereafter all schools organized therein, in pursuance of this act, shall, under the direction and regulations of the Board of Education, be public and free to all children residing Schools free within the limits thereof, between the ages of five and seventeen years, to scholars of certain ages. inelusivc.-Act of 1842. SchoollIn- o SEC. 2. In lieu of the School Inspectors now required to be elected spectors to be elected in said city, there shall be twelvet School Inspectors" to be elected in the manner following: at the next annual charter election, there shall be elected in each ward of said city, two School Inspectors, one Their term of whom shall hold his office for two years, and the other for one of office. year; and at every annual charter election thereafter, there shall be , elected in each ward, one School Inspector, who shall hold his office Not to re- for two years. No School Inspector shall be entitled to receive any ceive conmlbensation. compensation for his services.-1842. vacancy in SEC. 3. In case of a vacancy in the office of School Inspector, the office -of School Ispector, hoW Common Council of the city of Detroit may fill the same, until the filled. next annual election, when, if such vacancy happen in the first year of the term of said office, the electors of the proper ward may choose * The figures at the end of each section refer to the year in which the several acts were passed. For the laws relating to the " colored children" of the city, see session law't of 1841, page 48. t By the increase in the nnmber of wards of the city, the number of School Inspectoms has been increased to sixteen. 72 THE CITY OF DETROIT. a suitable person to fill the remainder of such term: Provided, The Proviso. City Clerk shall give notice of such vacancy prior to such election, as may be required in other cases.-1842. SEc. 4. Every person elected to the office of School Inspector, Persons elIec ted School Inwho, without sufficient cause, shall neglect or refuse to serve, shall for- fsectgorsOre serve, may feit to the Board of Education for the use of the library, the sum of be fined. ten dollars, to be recovered in an action of debt in some competent court: Pg-ovided, No person shall be compelled to serve two terms Proviso. successively; and the said Board shall make all necessary rules and Board may establish regulations relative to its proceedings, and punish by fine, not exceed- rules and ~~ of the Board, and fine its ing five dollars for each offence by any member of th e Boa rd, who amedmbers. mlay, without sufficient cause, absent himself from any meeting thereof, to be collected as they may direct. SEc. 5. The School Inspectors, together with the Mayor and Re- Who to con stitute Board corder of said city, (who are declared to be ex ofcio School Inspec- of Education. tors,) shall be a body corporate, by the name and style of "The Board, abody J~~~~~ corporate. Board of Education of the City of Detroit," and in that name may be capable of suing and being sued, and of holding and selling, and conveying real and personal property, as the interest of said Common Schools may require; and shall also succeed to, and be entitled to Its powers and privi demand all moneys and other rights belonging to or in possession of leges. the Board of School Inspectors, or any member thereof, or any real and personal property or other rights, of any such district in said city; and the clear proceeds of all such property which may come into How pry ceeds of pro the possession of said Board, as last aforesaid, shall be expended and eperbty receiv ed by Board disbursed by and under the authority of said Board of Education, for tofbedisposed y ~~~~~~~of the support of said schools, after paying all just and legal demands existing against the several school districts heretofore existing in said Proviso. city: Provided, That said Board shall not be liable to pay an ag gregate amount of indebtedness against any one district, greater than the amount received from the same by said Board.- 842, 1843, 1846. SEc. 6. The Board of Education (six members whereof may form What a quo a quorum,) may meet from time to time at such place in said city as rumofBoard they may designate. They may elect one of their own number Pres- Boardtoelect a Preildent. ident, and in the absence of the President at any meeting, a majority of the inspectors present may choose one of their number President protern —1842, 1846. 19 73 ACTS RELATIVE T(o Who tobe SEC. 7. The Clerk of the said city shall be ex officio Clerk of said Clerk of Board. Board, and shall perform such duties as the Board of Education may reasonably require. In case of the absence of said Clerk, or for any other cause, the Board may choose some suitable person to perform his duties, either as principal or deputy Clerk. -1842. Recorder of SEC. 8. The Recorder of said city shall be entitled to a seat at Detroit may meetwith the meeting of said Board, for the purpose of deliberation, and of the Board. acting on committees, but shall have no vote therein.- 1842, 1846. General SEc. 9. The Board of Education shall have full power and powers and authBority ord authority, and it shall be their duty, to purchase school-houses, and the Board. adi uy apply for and receive from the County Treasurer or other officer, all moneys appropriated for primary schools and district library of said city, and designate a place where the library may be kept therein. The said Board shall also have full power and authority to make byMay make laws and ordinances relative to taking the census of all children in by-laws and ordinances, adct h ffu n er relativetes said city between the ages of four and eighteen years; relative certain mat, ters. to making all necessary reports and transmitting the same to the proper offices, as designated by law, so that said city may be entitled to its proportion of the primary school fund; relative to visitation of schools; relative to the length of time shoots shall be kept, which shall not be less than three months in each year; relative to the em ployment and examination of teachers, their powers and duties; rel ative to regulation'of schools and the books to be used therein; relative to the appointment of necessary officers, and prescribe their powers and duties; relative to any thing whatever that may advance the interests of education, the good government and prosperity of common schools in said city, and (the) welfare of the public concern ing the same,-1842, 1850, 1855. Mayoe's Sc 0 Couyrtes t SEc. 10. The Mayor's Court shall have jurisdiction of all suits Court to have Jurisdition wherein the said Board ma be a party, and of all prosecutions for undler by- my pry laws of the Board. violation of said by-laws and ordinances.-1842. Boiard to pub- SEC. 11. The said Board shall annually, in the month of Feblish an annual statemet. ruary, publish in some newspaper of the city, a statement of the number of schools in said city, the number of pupils instructed therein the year preceding, the several branches of education' pursued by them, and the expenditures for all things authorized by this act, during the preceding year, —1842 74 THE CITY OF DETROIT. SEc. 12. The Board of Education shall establish a district library. To establish a library. and, for the increase of the same, the Common Council are authorized annually to lay a tax on the real and personal property within said city, of a sum not exceeding two hundred dollars, which tax shall be TaxO for how levied. levied and collected in the same manner as the moneys raised to de fray the general expenses of said city.'-I1842. SEC. 13. The Common Council of said city are hereby authorized, Corn. Council maylevy once in each year, to assess and levy a tax on all the real and per- taxes for support of 'sonal property in said city, according to the city assessment rolls of schools. that year, which shall not exceed two dollars for every child in said city, between the ages of four and eighteen years, the number of children to be ascertained by the last report on the subject, on file in the office of the Clerk of the county of Wayne, or in the office of the Secretary of said Board of Education, and certified by the President thereof; and the said tax shall be collected in the same manner as Rowtaxes collected and the moneys raised to defray the general expenses of said city; all disbursed. said money shall be disbursed by the authority of said Board, for the maintenance and support of said schools, and for no other purpose. The said Board of Education shall have authority to establish a high Board may establish school in said city, and also to appoint a Superintendent of the public high school, and appoint a schools, under the charge of said Board, with such salary and with Seuperifnten dent of pubsuch powers and duties as shall be prescribed by said Board of licschools. Education.- 1 855. SEC. 14. The Treasurer of said city shall be the Treasurer of said Who to be Treasurer of Board, unless otherwise directed by said Board; he shall keep all B oad f His duties. moneys belonging to said schools separate from the moneys belonging to the corporation of said city; and he shall not pay out or expend the school moneys, without the authority of the said Board.-1842. SEc. 15. The Collector of said city, when he shall have paid any Dutyofcol lectors relaschool money to said Treasurer or other person, shall take a receipt tivetoschool therefor, and file the same with the Clerk of said Board; and it shall moneys. be the further duty of the Collector, when he shall have made his final return concerning the collection of said tax, to make a report to said Board, stating the whole amount of school tax, the amount collected, and the amount returned by him to the Common Council as unpaid or uncollected. If any Collector shall neglect or refuse to ' As to fines for library: R. S. 1846, chapter 158, section 25, 26. 75 ACTS RELATIVE TO Collectors pay to said Treasurer the sums of money required by his warrant, or refusing to pay moneys to account for the same as unpaid,. at the time and in the manner recollected, how proceeded against. quired by law, the Recorder of the city of Detroit, or the President of the Board of Education of said city, shall forthwith issue a warrant under his hand, directed to the Sheriff of said county, commanding him to levy such sums as shall remain unpaid and unaccounted for, together with his fees for collecting the same, of the goods and chattels, lands and tenements of such Collector and his sureties, and to pay the same to the Treasurer of said Board of Education, and return such warrant within twenty days after the date thereof- 1855. Collectors SEc. 16. The Collector and Treasurer shall, before they enter on and Treasurer to give their duties under this act, enter into such bonds to said Board, and bonds. with such sureties as may be deemed necessary, conditioned for the faithful discharge of their duties respectively under this act.*-l 842. Prioracts SEC. 17. All parts of acts, so far as they relate to the city of Derepealed. troit, inconsistent with this act, are hereby repealed. And it shall not be necessary to elect any school district officers in said city, as heretofore required by law.-1842. School taxes SEC. 1. That all taxes which have been or may hereafter be asto be placed inl seuparate sessed and levied by the (Common Council of the city of Detroit, column on assessmentbyatoiyb raoll.ssment under and by virtue of the authority conferred on said Council by the thirteenth section of an act, entitled " An act relative to Free Schools in the city of Detroit," shall be set forth in the assessment roll of said city, in a separate column, apart, and distinguished from What collect all other city taxes and that the Collector of said city. shall collect, or shall receive for and, is hereby authorized and required to collect said taxes in money school taxes. i y and said Collector shall not be required or permitted to receive in payment of said taxes, any liabilities or evidences of debt against said city.-1843. Who to SEc. 1. That the Collectors of the city of Detroit, elected in the collect school taxes. different wards of said city, shall act as Collectors of the school tax assessed and levied in said city in their respective wards, under and by virtue of the provisions of the act to which this act is amendatory; Collectors to and that each of said Collectors previous to his entering upon his give bonds. duties, shall, in addition to the bond now required by law, make and *See Sec. 1 of act of 1846, cited at the foot of this page, for further provisions relative tobonds of collectors. 76 THE CITY OF DETROIT. execute to the Board of Education of said city of Detroit, a bond with Conditions of bonds. two good and sufficient sureties to be by them approved, in the penal sum directed by said Board, conditioned for the faithful performance of his duties as such Collector; and that, in case of neglect or refusal of any one of said Collectors to execute and obtain such bond ac cording to the provisions of this section, he be subject to a penalty of one hundred dollars, to be collected in an action of debt, which may be brought in any Court in this State, at the suit and in the name of, the said Board of Education of the city of Detroit.-1846. SEC. I. That in addition to the taxes mentioned in the act to Taxes for building which this act is amendatory, the Cornmmon Council of the city of De- bschoolhouses and purchas troit is hereby authorized and empowered to levy and collect a tax inglotsthere for may be not exceeding fifteen hundred dollars in any one year, to be expended levied. in the purchase of lots in said city for the use of the public schools thereof, and in the erection and building a school house or school houses, with the necessary outbuildings and fixtures, on any lot or lots which may be so purchased, or any other lots now owned by the Board of Education of said city, or which the said Board may hereafter acquire: Provided, That said tax, when so levied and collected, Proviso. shall be paid to the Treasurer of said Board of Education, and be vested in said Board to and for the purpose hereinbefore stated, and Titleto no other, and also that the title to such lots purchased shall also be shool lets In whom vested in said Board for the purpose aforesaid.- 1847. SEc. 2, Said tax shall not be levied or collected, unless, at a meet- Freemen to vote on taxes mng of the freemen of said city, called for such purpose as hereinaf- for school houses. ter provided, a majority of the freemen present shall assent to the same.-1847. SEC. 3. It shall be the duty of the Mayor, or Recorder, in case Mayor or Re corder to call of the absence of the Mayor, or a vacancy in his office, to call such a meeting of freemen to meeting of the freemen of said city, for the purpose of giving their vote on taxes assent or dissent to such tax, when it shall be requested by petition signed by twenty-four freemen of said city: which call shall particularly express the object of such meeting, and shall be published in two of the daily newspapers, published in the said city of Detroit, one week previous to such meeting: Provided, That the Mayor may call Proviso( such meeting upon the notice herein mentioned, without such petition at his own option —-1847. 77 ACTS RELATIVE TO Meeting of SEC. 4. If the said Mayor or Recorder shall refuse to call such freemen may be called byr meeting upon the presentation to either of them of such petition, or two membersuonte ptto of Council in certain cases. shall neglect to do so for three days after the presentation of such petition, any two members of the Common Council of said city, may on the like petition, call such meeting upon a like notice and publica tion thereof, in the manner and for the time hereinbefore specified in the case of a call by the Mayor or Recorder. Such meeting may be adjourned from time to time by vote of a majority of those present. f847. Howtaxes SEC. 5. The said tax shall be levied and collected in the same for school houseobe andol manner as the tax provided for in the thirteenth section of the act to lots to be collected. which this act is amendatory, and shall be consolidated therewith on the tax rolls; but it shall be the duty of the said Board of Educa tion in each and every year when such tax is levied and collected to separate the amount thereof from the gross amount of money received by said Board for such year, and set it apart as a fund to be reserved for the purposes specified in the first section of this act.-1847. 3oard of edu- SEC. 6. The Board of Education of the city of Detroit is hereby cation may borroweyand authorized from time to time, on such term or terms of payment as money and issue bonds for payment. they may deem proper, to borrow a sum of money not exceeding in all the sum of five thousand dollars, for the purposes specified in the first section of this act, at a rate of interest not exceeding seven per cent. per annum, payable semi-annually, and to issue the bonds of said Board in such form, and executed in such manner as said Board Proviso. may direct: Provided, That said Board shall issue no bond for a less sum than fifty dollars.-1847, 1850. 3onds to bea SEC. 7. The bonds issued under this act shall be a charge upon lien on proler tonof all the property of said Board, which shall constiute a security for the Proviso. payment thereof: Provided, That no legal proceedings shall be in stituted to enforce such lien, or to sell any property of said Board for the payment of the principal money of any of said bonds, until one year after such principal shall become due, according to the tenor and effect thereof. 1847. Board tokeep SEC. 8. It shall be the duty of the Board of Education, whenever interest on Bonds paid they shall borrow any money under the provisions of this act, annuand provide sinking fund tiopay princi- ally to appropriate a sufficient sum out of any money which may come into their hands, to pay the interest upon the same; and also in addi 78 THE CITY OF DETROIT. tion thereto, an annual sum equal to five per cent. upon the amount so borrowed to be invested under the direction of said Board in bonds of the city of Detroit, bearing interest at such prices as the same can be purchased, to accumulate as a sinking fund for the payment of the principal of the sum so borrowed; both of which appropriations shall take precedence of all others.-l 847. SEC. 3. The removal of any member of the Board of Education Removal of Schoo 1 Inof the city of Detroit, from the ward for which he is elected School spector from ward for which he is Inspector, after such election, shall not operate to vacate his office; elected not to vacate his but notwithstanding such removal, any Inspector so removing shall office. continue to hold his said office, and to be a member of said Board, and all provisions of any act or acts which make such removal a vacation of said office, are hereby repealed: ProvideI, The removal of Proviso. such member shall not be from the city.-l 850. SEC. 137 Any person paying taxes in a school district in which Persons pay img school he does not reside, may send scholars to any district school therein, taxes in any district may send scholars and such person shall, for that purpose, have and enjoy all the rights totd heschools therein. and privileges of a resident of such district, except the right of voting therein, and shall be rated therein, for teachers' wages and fuel, and in the census of such district, and the apportionment of moneys from the school fund, scholars so sent, and generally attending such school, shall be considered as belonging to such district: Provided, Provisos. That a majority of the qualified voters attending at any regular meeting in the district in which such person resides, shall have determined that no school shall be taught in said district for the year: Orprovided further, That such person shall not reside in any organized school district-Revised Statutes 1846, p. 235, and S. L. 1850. AN ACT to incorporate the Fire Department of the City of Detroit. Whereas, The members of an Association, known as the "Fire Preamble Department of the city of Detroit," have petitioned the Legislature to grant them an act of incorporation, to enable them the more effectual]y to accomplish the objects of their organization, and to provide means for the relief of disabled firemen and their families; therefore, NOTE.-The State School money must be distributed on the first Monday in Mlay in each year.-B?. S. 233, section 119, S. L. 1847. 79 ACTS RIELATIVE TO Fire Depart- SEc. 1. Be it enacted by the Senate and House of Represente ment of Detroit,a body tires of the State of 3ichigan, That all persons who now are, or may corporate. hereafter become, members of the Fire Department of the city of Detroit, and their successors, shall be, and hereby are ordained, con stituted, and declared to be, and continue, a body politic and corpo rate, in fact and in name. under the name and style of' The Fire De partment of the city of Detroit," for the purposes recited in the above preamble, and by that name they and their successors may and shall have perpetual succession, and shall be known in law, capable of suing and being sued, of pleading and being impleaded, of answering and being answered unto, of defending and being defended, in all suits7 complaints, matters, causes, courts and places whatsoever, and both in Nlay have alaw and equity; and capable of having a common seal; of acquiring seal and hold real estate. by purchase, gift, devise, or otherwise, and of holding and conveying any real, personal, or mixed estate, necessary, proper or expedient for Proviso. the objects of this incorporation; Provided, That the amount of said estate shall at no time exceed the sumi of thirty thousand dollars. Mlay make by SEC. 2. The members of the Fire Department of the City of Delaws, &c troit, hereby incorporated, shall have, and are hereby declared to have full power and authority to make and prescribe such by-laws, rules, ordinances and regulations, and the same to alter, amend and change at pleasure, as to them, from time to time, shall seem needful or Relative to proper, touching the management and disposition of their funds for disposal of funds. the objects aforesaid; touching the regular and special meetings of 3leetin,gs. Co.,, f-dcnduct of termmes member nd the Department, the regulation, duty and conduct of their members, officers. Flection of delegates and Board of Trustees; the election and displacing of offisame. Admission cers and delegates; the admission and expulsion of members; the and expulsion of members. filling of vacancies in offices; and touching every other matter and Filling vacan cies, & thing necessary or expedient for the good government and promotion of this incorporation, or which appertains to the business and objects Provio. for which the said incorporation is, by this act, instituted: Provided, That such by-laws, rules, ordinances and regulations, be not repugnant to the constitutional laws of the United States, or of this State. Officers of SEC. 3. The officers of said Department by this act incorporated, department. shall be a President, Vice-President, Secretary, Treasurer, and Col lector, who, together with the Chief Engineer of the Fire Department, and the delegates from the several fire companies, and other bodies, 80 THE CITY OF DETROIT. pursuant to the provisions of the Constitution and by-laws of the Department, shall constitute a board of Trustees, a majority of whom Board of shall be a quorum for the transactions of business; and said officers tutee and delegates, separately, and as a Board of Trustees, shall do and perform such duties and things as may be incumbent upon, or required of, them by the constitution or by-laws of the Department. SEC. 4. There shall be an annual meeting of the members of said Annual meeting of corporation on the third Monday of January, in each year, at which firen depart ment. the officers shall be elected by ballot, by a majority of the members present, from their own body. And the officers elected shall hold their offices for one year, or until others be chosen in their places; but in case it at any time happens that an election of officers shall not be made or had on that day, the said corporation shall not be dis solved, but it shall and may be lawful to hold such election thereafter, pursuant to public notice given in one or more of the newspapers printed in said- city. SEC. 5. Of the Fire Department of the city of Detroit, Robert E. Names of oficers for Roberts shall be President; Frederick Buhl, Vice President; Ed- first year. mund R. Kearsley, Secretary; Darius Lamson, Treasurer; and Elijah Goodell, Collector; who, together with the Chief Engineer of the Fire Department, duly appointed by the Common Council of the city of Detroit, and the delegates chosen as aforesaid, shall constitute the first Board of Trustees, and shall hold their offices until the third Monday of January next, or until others shall be chosen in their stead. SEC. 6. The interest arising from the funds of the said corpora- Interest of funds, approtion, except sufficient to defray incidental expenses, shall be appro- priated to relief of indipriated to the relief of such indigent and disabled firemen and their gent and dis abled fire men and families, as may be interested in the fund, and who may, in the their families opinion of a majority of the Trustees, be worthy of assistance. SEC. 7. All certificates now required to be obtained by firemen Certificates from the Clerk of said city, pursuant to the provisions of any law of owobtained this State, shall hereafter be obtained from the Department by this act incorporated; which certificate, signed by the President and Treasurer of this Department, and countersigned by the City Clerk of said city, and under the seal of this incorporation, shall have the like effect Their effect Their effect. of those heretofore obtained from the said City Clerk, and shall be 11 81 ACTS IRELATIVE T(O satisfactory evidence of the facts therein contained. And each person applying for such certificate shall pay therefor such sum as the by laws of the Department shall prescribe, for the benefit of the corpo ration and the objects thereof. List ofmem- SEC. 8. It shall be the duty of the Board of Trustees to make bers to be made out yearly and out and deliver to the City Clerk, onc e in each year, or whenever he iven to ityClerk. may request it, an accurate list of all the members of this corpora tion, who are exempt from jury or military duty, that they are or may become entitled to the benefits thereof. This ispub- SEC. 9. This act is hereby declared to be a public act, and the lic act. same shall, in all courts and places, be regarded benignly and favorably for every beneficial purpose hereby intended. May be re- SEC. 10. The Legislature may alter, modify, amend or repeal this pealed or modified. act by a vote of two-thirds of each House. Acts ncon- SEC. 11. All acts and parts of acts which contravene the provis~istent hereistnthere- sions of this act, are hereby repealed; and this act shall take effect repealed. from and after its passage.-Approved February 14, 1840. CHAPTER 48-REVISED STATUTES OF 1846. OF FIRE DEPARTMENTS IN CITIES AND VILLAGES. SEC. 1. Every person who was a fireman in any incorporated city Firemen ex- or village in this State, on the sixth day of February, in the year one emupted from militia duty' thousand eight hundred and forty-three, or at any time thereafter, and and serving on juries. who shall have served, and shall continue to serve as such for the termn of seven years from that time, or from the time of his appointment, if appointed since that time, and every person who may hereafter be ap appointed a fireman in any such city or village, and shall serve as such for the term of seven years, shall during the time of such service be exempted from serving as a juror in any of the Courts of this State, and from the performance of all militia duty, and shall forever there after be exempted from the performance of all militia duty except in cases of insurrection or invasion. Money may SEC. 2. It shall be lawful for the qualified voters of any such city be raised to compensate or village, at their annual election of officers thereof, to authorize the firemen. Common Council or other corporate board of such city or village, to 8 , THE CITY OF DETROIT. raise a sufficient sum to pay each fireman therein the sum of five dol lars; and thereupon such sum shall be levied and collected in the same manner as the other contingent expenses of such city or village are levied and collected. SEC. 3. IUpon such provision being made for the payment of fire- Payment of compensa men, as provided in the preceding section, each fireman who shall tioandhow made. produce a certificate from the foreman of his Company countersigned by the Chief Engineer of the Fire Department of such city or vil lage, stating that he has well and faithfully performed his duties as such fireman, during the year then next preceding, shall be allowed and paid out of the treasury of such city or village, the said sum of five dollars as a compensation for his services. SEC. 4. The Recorder or Clerk of every such city or village shall Record of firemen to be keep an accurate record, in a book to be provided for that purpose, of kept byo '-Pecorder or the name occupation and residence of every fireman of such city or Clerk. village, together with the date of his appointment, and a designation of the Company to which he is attached; and whenever any fireman shall resign or be removed, it shall be so entered upon such record; and the appointment, resignation or removal of every fireman, shall also be entered on the minutes of the Common Council or other corporate board. SEc. 5. It shall be the duty of the Recorder or Clerk of such city Certificate of or village, to deliver to every fireman who shall have served during service. the said term of seven years, as provided in this chapter, a certificate to that effect, signed by himself, and the Mayor of such city, or President of such village; which certificate shall be received as evidence in any of the courts of this State. SEc. 6. It shall be lawful for the Commnen Council, or other corpo- Taxes for purchasing rated (corporate) board of each incorporated city or village, to levy ndrpairig engines. and collect, by a tax upon all the taxable real and personal property within the limits thereof, in the manner prescribed in the charter of such city or village, for the collection of taxes therein, such sums as may be necessary for the purchasing and repairing of fire engines, and other fire apparatus, and for defraying all other necessary expenses of the Fire Department thereof. SEc. 7. Every Fire Company shall have power to make such by- niem mayP make by-laws laws, rules and regulations, not inconsistent with the laws of this State, and impose fines for for their goveranmen t and discipline. and to prescribe such penalties violations ~ ~~~~~~~~ thereof. 83 ACTS RELATIVE TO for the violation thereof, not exceding five dollars for any one offence, as they may deem necessary to the efficient accomplishment of the object of their organization; and they may sue for and collect such penalties in the name of the Common Conncil or other corporate board of the city or village to which they belong. SEc. 8. All fire engines and apparatus requisite for, and ordinarily used by, Fire Companies in the extinguishment of fires, which are now owned, or which may hereafter be purchased and owned by any incorporated city or village, and kept for the use of any Fire Companies therein, and all water-works, with the buildings, machinery, and fixtures, and the ground occupied thereby, now owned, or which may hereafter be purchased and owned by any incorporated city or village, and used or intended to be used for the supplying of water for the extinguishment of fires and the use of the inhabitants, shall be and are hereby exempted from levy or sale for any debt, damages, fine or amercement whatever. Fire engines, apparatus, &c., exempt from execution. AN ACT to amend the Laws relative to " Supplying the City of Detroit, with Pure and Wholesome Water," and to provide for the Completion and Management of the Detroit Water Works. SECTION 1. The People of the State of Michigan enact, That ShuName and bael Conant, Henry Ledyard, Edmund A. Brush, William R. Noyes style. style. and James A. Van Dyke, be and they are hereby named and consti tuted as a " Board of Water Commissioners for the City of Detroit," who, and their successors in office, shall be known by the name and Powers. style of the " Board of Water Commissioners of the city of Detroit," and by that name shall have power to contract, sue and be sued, to purchase, hold and convey personal and real estate, to have a common Seal. seal, to alter and change the same at pleasure, to make by-laws and ordinances, and do all legal acts which may be necessary and proper to carry out the effect, intent and object of this act. Termofoffice SEC. 2. The said Conmmissioners shall hold their officesrespective ly for the term of three, four, five, six and seven years from tlhe first Tuesday in May, of the year one thousand eight hundred and fifty three; said Commissions shall, within sixty days'after the passage of this act, decide by lot their respective terms, which decision shall be notified by a written statement to the Common Council of said city, 84 TIHE CITY OF DETROIT. which shall be entered of record on the books of the said Common Council; and at their first regular meeting in the month of April, in the year one thousand eight hundred and fifty-six, and annually there after, the said Common Council shall elect and appoint a citizen of said city, being a qualified voter and a freeholder, as a Commissioner, who shall hold his office for five years from the first Tuesday in the May next following: Provided, That this section shall not be so eon strued as to disqualify any member of the said Board, for re-appoint ment. And in case of the death or resignation, or removal from the Vacancy, how filled. city, of any of said Commissioners, the Common Council shall, as soon thereafter as possible, appoint to fill such vacaney. for the remainder of the term, some citizen of said city, being a qualified voter and a freeholder. SEc. 3. The said Commissioners shall choose one of their own Presidentand Secretary. number as President, who shall hold his office until the first Tuesday Secretary. of Mlay next ensuing the date of his election; they shall also appoint some suitable person as Secretary, who shall hold his office at the pleasure of the Board. And in case of the death, resignation, or removal from the city, of the President, the said Commissioners shall vacancy.] have power to fill the vacancy so happening, as in the first instance. SEC. 4. The said Commissioners shall have power to loan, from Power to loan money time to time, upon the best terms they can make, after giving public on bonds.eY notice by advertising in the city papers. for sixty days, and in one paper in Boston, and two in New York, for such time as they shall deem expedient, a sum of money not exceeding two hundred and fifty thousand dollars, upon the credit of said city of D)etroit, and shall have authority to issue bonds pledging the faith and credit of said city for the payment of the principal and interest of said bonds; which bonds shall issue under the seal of said Board of Commissioners, and shall be signed by them, or a majority of them, and bearing interest not exceeding eight per cent. per annum. And it shall Registry of bonds. be the duty of said Commissioners to cause to be kept an accurate register of all bonds issued by them. shewing the number, date and amount of each bond, and to whom the same was issued; and it shall also be their duty to cause to be furnished to the Auditor of said city a copy of such register, as soon as the same is made, which Copyfurnishshall be preserved by said Auditor, and copied into the records of ed Auditor. said city 85 ACTS RELATIVE TO Supply of SEC. 5. It shall be the duty of said Commissioners to examine water. and consider all matters relative to supplying the city of Detroit with a sufficient quantity of pure and wholesome water, to be taken from the Detroit river, or such other source as may be deemed expedient, for the use of its inhabitants. Power to ern- SEC. 6. Said Commissioners shall have power to employ Superin icy Supts., tendents, Clerks, Collectors, Assessors, Engineers, Surveyors, and such other persons as, in their opinion, may be necessary to enable them to perform their duties under this act, and to specify the duties of such persons so employed, and to fix their compensation: Provided, Commission- That in no case shall said Commissioners receive, directly or indiers not to receive corn- rectly, any compensation for their own services. pensation. Power to SEC. 7. Said Commissioners shall have power, and it is hereby purchase land, &c. made their duty, as soon as may be, after the necessary funds shall have been procured, as herein provided, to purchase such land and materials, and to construct such reservoirs, buildings, machinery and fixtures, as shall be deemed necessary or desirable, to furnish a full supply of water for public and private use in said city. Iteservoirs, SEC. 8. Said Commissioners shall have power to construct reserJets, Hyrants, &c. voirs, jets and fire hydrants, at such localities in said city, as they may deem expedient and necessary, and to lay pipes in and through all the alleys and streets of said city; and also to construct in such localities as they may deem expedient, not exceeding one to each block, hydrants for public use, and to keep the same in repair; and, also, with the consent of the Common Council of said city, to construct fountains in Fountains in the public squares, or such other public grounds of said city as they public squares. may deem expedient. Assessment SEC. 9. Said Commissioners shall, from time to time, cause to be of water rates 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 conLien on pre- tinning lien, until paid, upon such house or other building, and upon mises. the lot or lots upon which such house or other building is situated. Power to SEC. 10. Said Commissioners shall have full power to make and make by-laws enforce all necessary by-laws, rules and regulations; for the collection of said water rates, either by the appointment of Collectors to demand the same, requiring payment at the office, shutting off the water, or by 86 THE CITY OF DETROIT. 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: Sale of pro perty for Provided, That such sales shall be conducted in the same manner, non-payment ofwaterrates and shall have the same force, virtue and effect, of sales of lots delinquent for city taxes: And Provided further, That the attempt to collect said rates by any process above mentioned shall not in any way invalidate the lien upon said lot or premises. SEc. 11. The said Commissioners shall cause to be kept an Record of proceedings. accurate record of all proceedings, together with a list of all assessments for water rates, which shall be subject to inspection at all times. SEc. 12. It shall be the duty of said Commissioners to make a Reportto report to the Common Conucil of said city annually, which report shall comonncil. 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; which statement shall be certified by said Commissioners, and shall be entered of record by the Clerk of said city, and published in such manner as said Common Council may direct. SEc. 13. Whenever the receipts of said Board from water rates, or Surplusfunds to be invesother sources, shall accumulate so that there shall be a surplus, amoun- ted. ting to a sum of not less than five hundred dollars, not needed for the payment of the current expenses, or the. extension of said works, it shall be the duty of the Commissioners, together with the Auditor of said city, who shall be associated with them for that purpose, to invest the same in some safe stock, or upon other real or personal securities. Such investment shall be made in the name of said Board, and in such manner as to make the same available for the payment of interest and principal of the bonds issued as aforesaid, as soon as may be. It Payment of bonds and shall be the duty of said Commissioners to pay the interest on such interest. bonds, and as fast as such surplus fund will permit, also the principal as the bonds become due, as funds for such purpose shall, from time to time, accumulate. The said Commissioners may, when they have funds for that purpose, purchase the bonds so issued as aforcsaidI Purchase of whether the same have become due or not; and in case the said Com- bonds. missioners shall at any time not have funds on hand sufficient to meet any of the said bonds at the time when they shall become due, they New bonids shall have the right to issue new bonds: for such amount, and on such maybeissued s-hall have the right to issue newt fodSor guch amount, and on sulleh 87 ACTS RELATIVE TO Old bolndds d time as they shall deem expedient, in the place of bonds so becoming cancelled and negw bonds due as aforesaid; the said old bonds to be cancelled in the registry thereof, and the said new bonds to be recorded in the manner herein before provided. Oath of Corn- SEC. 14. Before entering upon the duties of their office, said Commissioners. missioners shall each take and file with the City Clerk, an oath or affirmation similar to that provided in the case of other officers of said city. Materials SEC. 15. All materials, procured or partially procured, under a exempt from execution. contract with the Commissioners, shall be exempt from execution; but it shall be the duty of the Commissioners to pay the money due for such materials to the judgment creditor of the contractor, under whose execution such material 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. Commission- SEC. 16. Any member of said Board of Comminissioners, may at ers may be removed. any time be removed by a vote of two-thirds of the members elect of the Common Council of said city, for sufficient cause, and the pro ceedings in that behalf shall be entered on their journal: Provided, Copy of That the said Common Council shall previously cause a copy of the charges to be served. charges preferred against the Commissioner sought to be removed, and notice of the time and place of hearing the same, to be served on him ten days at least previous to the time so assigned; and in case of such Vacancy to removal, the Common Council shall, at their first regular meetbe filled. ing, or as soon thereafter as may be, appoint some person, being a cit izen and a freeholder, to fill such vacancy; and the person so ap pointed to fill such vacancy, may continue in office for the period his predecessor had to serve. Power to en- SEC. 17. The said Commissioners and, under their direction their ter upon land or water. agents, servants and workmen, are hereby authorized to enter upon any land or water for the purpose of making surveys, and to agree with the owner of any property which may be required for the pur poses of this act, as to the amount of compensation to be paid to such owner. SEC. 18. In cases of disagreement between the Commissioners and the owner of any property which may be required for the said pur 88 THE CITY OF DETROIT. poses, or affected by any operation connected therewith, as to the In caseof disagreement amount of compensation to be paid to such owner, orin case any such Jn,(ige ofnourt to appoint owner shall be an infant, a married woman, or insane, or absent from appraisers. this State, the Judge of the Circuit Court of Wayne county, may, upon the application of either party nominate and appoint three disinterested persons to examine such property, and to estimate the val.ue thereof, or damage sustained thereby, and to report thereon to the said Court without delay. SEc. 19. Whenever such report shall have been confirmed by the Confirmatiom ' by Judge. Circuit Judge of Wayne county, the said Commissioners shall pay Payment. to the 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 rFeeofpro ~~~~~~~~~~~~~~~~~~such prope~perty so required, and shall be discharged from all claim by. such property so requaired, and shall be discharged froml all claim by reason of any. such damage. SEC. 20. And in case of the refusal by any owner or owners, per- Payment when refuse(i son or persons, to receive such sums awarded to them for property money to be deposited. required or damages sustained, then the said Commissioners shall deposit with the City Treasurer the sums so awarded, subject to the d r aft of said owner or owners, persons or persons; and thereupon CityTreasur er to pay on the said Commissioners shall become seized in fee of such property draft-. so required, and shall be discharged from all claim by reason of any such damage; and said City 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. SEC. 21. If any person shall wilfully do or cause to be done, any Trjryopro. perty or polact whereby any work, materials or property whatsoever, erected or lutitonrof water. used within the city of Detroit or elsewhere, by the said Commissioners, or by any person acting under their authority, for the purpose of procuring or keeping a supply of water, shall in any manner be injured, or shall willfully pollute the water, shall be deemed guilty of misdemeanor, and, upon conviction, shall be punished therefor as other misdemeanors are punished. SEC. 22. If any person shall without the authority of said Com- Penalty for boring pipe missioners as delegated through any of their agents, perforate or bore, orconnecting 1 >,,..... ~~~~~~~~~~~logs without or cause to be perforated or boredc any distributing ppe or main or p%rmsWon. 12 89 A ACTS PRELA-lfVE TU log belonging to the water works of said city, or make or cause to be made any connection or communication whatever with the said pipes or logs, every person so offending shall, for each offence, forfeit a sum not exceeding fifty dollars and costs of prosecution, to be re covered in the Mayor's Court of said city, or other Court of compe tent jurisdiction. Power to ex- SEc. 23. The said Commissioners in their discretion, shall have tend pipes sld,consmct power to extend the distributing pipes and mains, and to construct reservoirs beyond limits of city. reservoirs, hydrants and jets, without the limits of said city; and to regulate, protect and control such portions of said water works with out the bounds of said city in and after the same manner that they regulate, protect and control said works within said bounds. Commission- SEc. 24. It shall be the duty of said Commissioners, at least thirty ers to report to commoIn days before the time fixed by the ordinance of said city for assessing Council what sum city taxes, to make special report to the Common Council of said may be requiredoPaY city, what, if any, sum will be needed by said Commissioners. over interest, &c. i n,b ysi and above the revenue of said Board to meet the payment of interest or principal of the bonds issued as aforesaid; and it shall be the com. Council duty of the Colmmon Council to raise said amount by a special tax in to raise sum by tax. the samne 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 city. SEC. 25. No one or more of the said Commissioners shall be inCommissionenot to tedi terested, either directly or indirectly, in any contract entered into by interested in,idrcl,b contracts or purchases of them with any other person; nor shall they be interested, either dimaterials. reetly or indirectly, in the purchase of any material to be used or ap plied in and about the uses and purposes contemplated by this act. Lands &c of SEC. 26. All lands, lots, docks, buildings, machinery, pipes, logs, present ,orkscon- hydrants, and all fixtures whatsoever, purchased, designated or used v eyed to Boerd o for the present water works of the said city of Detroit, are hereby Commission ers. conveyed to and vested in said Board of Commissioners, who shall have full power to regulate, protect and control the same; and all the authority, rights and power heretofore exercised and had by said city over said works, are hereby continued to and vested in said Board of Commissioners. Power to SEC. 27. The said Commissioners are hereby invested with full make by-laws power to make and enforce such by-laws, regulations and ordinances go THE CITY OF DETROIT. as may be necessary to carry into effect the object and intent of this act, and to supply any power or mode not already specified therein, and shall cause all such by-laws regulations and ordinances, to be By-laws&c. to be entered entered in a book to be kept for that purpose, and signed by the Pres- i a book. ident and Secretary, which, when so entered and signed, shall be evidence in any court of justice. SEC. 28. All acts or parts of acts contravening the provisions of Actsrepealed this act, are hereby repealed. SEc. 29. This act may at any time be altered, repealed or amended. Actamended -Approvcd e6eb-uary 14, 1853. AN ACT to authorize the the Water Commissioners of the City of Detroit to loan money for the purpose of extending and improving the Water Works of said City. SECTION 1. Thepeople of the State of 3Iichtz,,an enact, That the Board of Waater Conmissioners of the city of Detroit shall have WVater Com iitissejoners power to loan, upon the best terms they can make, and for such time aunthorrizeedto contract an as they shall deem expedient, a sum of money not exceeding two hun. ladditionalle loani and issue dred and fifty thousand dollars, upon the credit of said city of De- bondr theof citv for the same. troit, and shall have authority to issue bonds pledging the faith and credit of said city for the payment of the principal and interest of said bonds; which bonds shall issue under the seal of said Board of Commissioners; and shall be signed by thenim, or a majority of them, and bearing interest not exceeding eight per cent. per annum. And it shall be the duty of said Commissioners be cause to be kept an accurate register of all bonds issued by them, showing the nuinber, Register of C, ~~~~~~~~~~~~~~~~~~~bonds to be date, and amount of each bond, and to whom the same was issued; kept. and it shall also be their duty to cause to be furnished to the Auditor of said city a copy of such register, as soon as the same is made, which shall be preserved by said Auditor, and copied into the records of said city. And the said sum of money shall be expended by said Com- Irowemoney to be appromraississioners solely for the purpose of extending and improving the priated. Water. Works of the city of Detroit. SEc. 2. This act shall take effect and be in force from and after its passage.y-Approved February 6,1855. 91 ACTS RELATIVE TO ACT OF CONGRESS. [PUBLIC No. 74.] AN ACT supplementary to " An Act to provide for the adjustment of titles to lands in the town of Detroit, and Territory of Michigan, and for other purposes,passed April twenty-one, eighteen hundred and six. Mayor, Re- SECTION 1. Be it enacted by thle Sen2ate and House of Represezntacorder and Aldermen t tires of the United States of Amnerica in Con ress assembled, That hear claims against gov. and iojudges, the Mayor, Recorder and Aldermen of the city of Detroit, in the and receive moneys, &c-, State of Michigan, be, and they,. or a quorum of them, in council asto which ~hey were entitled. sembled, are hereby authorized to hear, examine, and finally adjust, all claims arising under the act to which this is supplementary, against the Governor and Judges of the late Territory of Michigan, and re ceive all moneys, or other rights to property to which the said Gov ernor and Judges were entitled, or became entitled under said act. Also to re- SEC. 2. And be itfizrther enacted, That the said Mayor, Recorder celve Journpalpe, recrds, and Aldermen of the said city of Detroit, be, and they are hereby enT)apers, &c., of the gov. andjudges. titled to receive from any person or persons having the possession of the same, the journals, records, papers and books of the Governor and Judges of the late Territory of Michigan, acting as a Land Board under the act of April twenty-first, one thousand eight hundred and six, to which this is a supplement; and that all powers and rights vested by the said act in the said Governor and Judges, for the pur poses therein mentioned, are hereby trasfered and vested in the Mayor, Recorder and Aldermen of the city of Detroit, in the State of Maycom- Michigan. And the said Mayor, Recorder and Aldermen, are hereby roence suits, &enc.uit, authorized to institute proceedings at law or in equity, in any Court of competent jurisdiction, in all cases where it may be necessary to carry into effect the purposes of this act. Maydispose SEC. And be it further enacted, That any land or other property, of land and other proper-. real or personal, remaining, except the court-house and jail erected ty, &zC. under the act to which this is a supplement, after satisfying all just claims provided for in the first section of the act to which this is a supplement, is hereby vested in the said Mayor, Recorder and Alder men of the city of Detroit, to be disposed of by them at their discre tion to the best advantage; and they are hereby authorized to make deeds to purchasers thereof, or other sufficient conveyances; and the pro'ceeds of the land or other property, effects or claims so 92 THE CITY OF DETROIT. disposed of, and of other rights and claims of the said Governor and Judges, shall, after the payment of all necessary expenses incurred in giving effect to said act and to this act, and in the adoption of such measures as they may deem decessary for preserving in proper form the records and other evidences of the proceedings of said Governor and Judges, be applied by the said Mayor, Recorder and Aldermen, to such object or objects of public improvement in said city as the said Mayor, Recorder and Aldermen may, in council, direct. And the said Mayor, Recorder, and Aldermen are hereby required to to take oath or affirmation for the faithful discharge of their duties Musttake an under this act, and make a report to Congress, in writing, of their oath. proceedings, on or before the first day of January, one thousand eight hundred and forty-four.-Approved August 29, 1842. AN ACT amending an act relative to the registry of certain deeds, approved March ninth, one thousand eight hundred and forty-four. SEc. 1. Be it enacted by the Sentate and House of Representatives of the State of lMichigan, That it shall not be necessary to acknowledge or prove the execution of any deed of land which may have Deeds by been, or shall be granted by the Mayor, Recorder and Aldermen of Corn. Council been, or shal be grantedby the Mayor Recorder an Aldermen Ofof De,tro,it, in pursuance of the city of Detroit, under the provisions of an act of Congress entitled, actsofaCon-e gress. need An act supplementary to an act to provide for the adjustment of notbledged ac knowledged. titles to land in the town of Detroit, and Territory of Michigan. and for other purposes," approved August twenty-ninth, one thousand eight hundred and forty-two, to entitle the same to be recorded: but every such deed which may have been, or shall be, executed by said Mayor, Recorder, and Aldermen under their respective hands and seals, shall be entitled to be duly recorded, and every such deed so recorded, or the record or transcript of such deed, duly certified may be read in evidence in any court within this State, without further proof thereof: Provided, That this act shall not be construed so as to affect any proceedings, now pending in any Court of law or equity, in this State, or to affect the rights now vested in any person or persons. SEC. 2. This act shall take effect and be in force from and after its passage. —Approved lIiay 7, 1846. 93 ACTS RELATIVE TO AN ACT relative to conveyances in the City of Detroit. Preamble. W/zereas, Many or most of the conveyances of lots in the city of Detroit, made and executed by the late Governor and Judges of the Territory of Michigan, were made without any acknowledement by the said Governor and Judges as required by the law of the time, re quiring conveyances in general to be acknowledged to entitle them to be recorded: Idem. And whereas, Many or most of these conveyances have been re corded in the proper registry of the county of Wayne, or of the city of Detroit as heretofore existing, and now remain of record in the said County Registry: Idem. And whereas, Many of said original conveyances have, by time, accident or otherwise, been lost, or are out of the possession or con trol of those owning and claiming the said lots: therefore, Certain deeds SEc. 1. Be it enacted, ic., That all deeds and conveyances of lots of governor and judges or lands in the city of Detroit by the late Governor and Judges of may be read in evidence the late Territory of Michigan. that have heretofore been recorded in acknowlledged. the registry of deeds ot the county of Wayne, in the city of Detroit, the record of said deeds, or a certified copy thereof by the Register of Deeds of the county of Wayne, may be used and read in evidence in all courts and places with the same force and effect as if the origi nal deeds or conveyances from the said Governor and Judges were produced and proved' Provided, It shall first be made to appear that that such original deed or deeds have been lost or destroyed. SEC. 2. This act shall take effect from and after its passage. Approved April 1, 1850. AN ACT to incorporate'" the City of Detroit Gas Company." Preamble. Wlereas, Certain persons have associated themselves under the style of " The City of Detroit Gas Company," for the purpose of car rying on and establishing in said city of Detroit a gas manufactory of the kind now generally used, or any improved gas or inflammable substance, and of supplying the citizens with gas who desire the same, at rates to be agreed upon; the following being the names of the per sons who have signed the articles of association, and taken shares of stock, viz: L. C. Rose, Jason Braman, J. M. Slater, Jeffrey Coles, James Cooper, John N. Williams, James Beck, Matthew Anderson, 94 TIIE CITY OF DETRIOIT. T. R. Davenport, Henry H. LeRoy, Samuel Howlett, F. F. Parker, and of whom at present, said is President, said Beck, Secretary, said Parker, Treasurer, and said LeRoy, Rose, Braman and Slater, are Directors; And Wlereas, The Common Council of said city have given the ldenm. necessary permit to said association, to locate said establishment in said city, and to run their pipes through the streets of the same, and have given them the exclusive privileges so to do for the period of ten years, on certain conditions and under certain restrictions, as appears by an agreement in writing signed by a committee of said Council, dated September 29, 1848, and approved by said Common Council, and to which reference is hereby had: And Wlereas, said persons have applied to this Legislature to be incorporated, the more effectually to enable them to accomplish the said objects of their organization: SEC. 1. Be it enactedc by the Senate and Hlouse of Representa- Incorpora tion. tives of t/e State of Ulichigan, As follows, to wit: That said persons above named, who have signed said articles of association, and all such other persons as shall become stockholders and associated with them for said purpose, and their successors and assigns, shall be, and hereby are, constituted and declared to be, a body politic and corporate, under the name and style of "The City of Detroit Gas Company," for the objects and purposes contemplated and stated in the above preamble, for the period of fifty years from and after the passage of this act: Proviided always, That within the period of one year they commence operations and continue the same with all reasonable despatch.* SEC. 2. The corporation hereby created by the name aforesaid, Powers of and thie successors thereof, shall have continual succession for the coma period aforesaid, and shall be persons in law, capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defended and defending in all Courts, suits, proceedings, places and matters whatsoever; and capable of having a common seal; of acquiring, holding and conveying estate, real, personal, and mixed, necessary or expedient for the corporation, for the purposes and objects thereof. * Amended. See sec, 1 of amendatory act next cited, 95 ACTS RELATIVE TO Capital stock SEC. 3. The capital stock of said Association shall not exceed one and officers. hundred thousand dollars,* which, with the property, affairs and con cerns of the corporation, shall be managed and conducted by a Board of officers, to consist of a President, Secretary and Treasurer, and of four other Directors, all of whom shall be stockholders, except the Secretary. The Board of officers named in the above preamble shall constitute the officers of this corporation, until others are chosen in their stead. Powers of SEC. 4. The majority of the Board of Directors and Stockholders board of didirectors, on account of said corporation hereby created, shall have and hereby are declared to have full power and authority to make, prescribe, and carry into effect all such rules, by-laws and regulations, and the same to alter, amend and renew, as the majority of the Board of officers, and stock, at a meeting of the holders thereof, regularly called, shall think proper to make, which are necessary and proper for the purpose of carrying out the true intent and meaning of this act, and among other things, to provide for calling new elections, when any election fails to be made when duly called: and may form, if they think proper, a constitution or articles of agreement, to be signed or to govern them within the provisions of this act. containing the elements of their organization; the rights, privileges, and duties of officers and members; the modes and times of calling elections and holding the same; the amounts of stock and liabilities, and privileges of holders and the exercise of the powers above contained and concerning all other matters and things in and about the regulation, control and con duct of the corporation, its objects, and all matters pertaining thereto, and for the changing and amendment thereof from time to time, as may be necessary. And for the purpose of commencing to organize and making necessary rules, the said present Board of officers and persons who have signed said articles of association, or a majority thereof, assoon as this act becomes a law, may get together and exercise all and singular the powers aforesaid, necessary or expedient. It being expressly provided that this corporation shall never exercise banking powers or brokerage business, or anything in the nature thereof; that it shall make no regulations or rules contrary to law; that it shall at all times be subject to the inspection of the Legislature, or a committee X The stock may now be increased to five hundred thousand dollars. See see. 1 of act of 1855 cited post p. 98. 96 T'IItE CIT'[ OF I)ETROIT. thereof; and shall make a full report of all its affairs and doings, whenever required by said Legislature. All the shareholders shall be jointly and severally liable for all debts and contracts of the company until forty per cent. of the capital stock shall have been paid in, and also for all the debts of the company of every description after the capital stock of the company shall have been exhausted. SEC. 5. Unless the said corporation shall have established their Tinme ofcom mencing opemianufactory. and so far progressed therewith as to begin supplying ration. gas to some portions of the city within twenty-four months from the passage of this act, this act shall cease and become null and void.* SEC. 6. That the property of every individual, vested in said corporation, shall be liable to be taken on execution for the payment of his or her just debts, in such manner as is or may be prescribed by law. SEC. 7. That this act be, and the same is hereby declared to be, a public act; and that the same be construed in all courts and places favorably for every beneficial purpose therein mentioned. SEC. S. The Legislature may at any time alter, amend or repeal this act for any violation of this charter.-Apprloved Il/arch 14, 1849. AN ACT to amend sections one, five and eight of "An act to incorporate the City of Detroit Gas Company," and to change the title of said Company to that of the " Detroit Gas Light Company." SEC. 1. The People of tie State of ]1ichligxan enact, That section Sec.l of act No. 82, of one of an act to incorporate the City of Detroit Gas Company, ap- 1849, a'men y. ded. proved Alarch fourteen, eighteen hundred and forty-nine, be and the same is hereby amended so as to read as follows: "'SEC. 1. That said persons above named, who have signed said articles of association, and all such other persons as have or shall bec ome stockholders, and associated with them for said purpose. and TIncorpora tion. their successors or assigns, shall be and are hereby constituted and declared to be a body politic and corporate, underthe name and style of the Detroit Gas Light Company, for the object and purposes contemplated and stated in the above preamble, for the period of fortyeight years from and after the passage of this act: Provided always, Provil. That within the period of three years they commence operations, and continue the same with all reasonable dispatch." I Amended. Sec. icc. 2 of amendatorv act next cited. 97 ACTS RELATIVE TO ame. 5 SEC. 2. That section five of said act be and the same is hereby amended. amended, so as to read as follows: Time ofbe- " SEC. 5. Unless the said corporation shall have established their ginning operations. manufactory, and so far progressed therewith as to begin supplying gas to some portions of the city within four years from the passage of this act, this act shall cease and become null and void." SEC. 3. The Legislature may at any time alter, amend or repeal this act, or the act to which this is amendatory. Acceptance SEC. 4. This act shall take effect immediately, and said company of act where and bshsll be entitled to its benefits, and subject to its provisions, whenever when to be filed. they shall accept the same, and their acceptance in writing, signed and certified to by the President or Secretary of said company, shall be filed in the office of the Secretary of State: Provided, Such accept ance is filed within sixty days from the passage of this act.-Ap proved March 8, 1851. AN ACT to amend an act entitled an" An act to incorporate the City of Detroit Gas Light Company." Sec. 3 of act No. 82 of 1849 amended. N.82dof 1849 SEC. 1. The People of the State of Michigan enact, That section three of an act entitled "An act to incorporate the City of Detroit Gas Light Company," approved March the fourteenth, one thousand eight hundred and forty-nine, be and the same is hereby amended so as to read as follows: Capital-stock. SEC. 3. The capital stock of said Company shall not exceed five hundred thousand dollars, which with the property, affairs and conS oard of cerns of the said corporation, shall be managed and conducted by a officers. board of officers, to consist of a President, Secretary, Treasurer, and four other Directors, all of whom shall be stockholders, except the To make an- Secretary." nual report to Common SEC. 2. That said Company shall annually, in the first week in Council of Detroit. January, make an accurate report in writing to the Common Council of Detroit, showing the amount of capital stock paid in; the amount issued; all real or personal estate held or owned by said Company, and the cost of the same; a statement of the extent of pipe laid down; the number of street lamps erected; which report and statement shall be verified by the oath of the Secretary and one of the Directors of said Company. 98 REVISED CHARER OF SEC. 3. The said Company shall not increase the present price Price of gas, &c. charged for gas, without the consent of the Common Council of said city. SEC. 4. Said Company shall be entitled to all the benefits andsubject Tofileacceptto the provisions of this act, on filing in the office of the Secretary of State a a written acceptance of this act, signed by its President and Secretary, and sealed with its corporate seal. SEC. 5. This act shall take effect immediately.-Approved February 13, 1855. AN ACT ceding to the United States of America jurisdiction over certain lands and appurtenances situate in the City of Detroit, and for other purposes therein mentioned. Whereas, The United State have recently appropriated money for Preamble. the purchase of sites in and near the city of Detroit, for the erection of certain buildings thereon, one to be used as a Marine I-lospital, and the other as a Custom House, Post Office and U. S. Court room; And whereas, It is deemed by the Legislature highly necessary to the interest of said city that said buildings should be erected; therefore, Suc. 1. The People of the State of Michigan enact, That juris Cession of jurisdiction. diction of the lands and their appurtenances, that have been or may be purchased in and near said city of Detroit, for the erection of the aforesaid buildings, be and is hereby ceded to the United States of America: Provided however, That all civil and criminal process Rightto exe cute process issued under the authority of this State, or any officer thereof, may be reserved. executed on said lands and in the buildings that may be erected thereon, in the same way and manner as if jurisdiction had not, been ceded as aforesaid. SEC. 2. The lands above described, with their appurtenances, and Exemption fromtaxaall buildings and other property that may be thereon, shall forever tion.ta hereafter be exempted from all State, county, and municipal taxation and assessment, so long as the same shall remain the property of the said United States of America.-Approved February 12, 1 85.5: '99 i...-. PACTS R itELATIVE TO CHAPTER 103-REVISED STATUTES OF 1846. OF THE RETURN OF JURORS FOR CIRCUIT COURT. SEC. 8. The Assessors and Township Clerk of each township, andl Assessors &c to make list the Assessor and Alderman of each ward in the city of Detroit, shall of persons to serve as t ses Juerors. at the time appointed by law for said Assessors to review their assess ment roll in each year, make a list of persons to serve as (petit jurors, and a list of persons to serve as) grand jurors for the ensuing year. SEC. 9. The said officers shall proceed to select from those assessed How selection to be on the assessment roll of the township or ward for the same year, made. suitable persons, having the qualifications of electors, to serve as jurors: and in making such selection, they shall take the names of such only as are not exempt from serving on juries; who are in possession of their natural faculties, and not infirm or deerepid; of fair character, of approved integrity, of sound judgment, and well informed, and free from all legal exceptions. SEC. 10. Such list shall contain not less than one for every one Number to be selected. hundred inhabitants of such township or ward, computing according to the last preceding census, and having regard to the population of the county, so that the whole number of jurors selected in the county shall amount at least to one hundred, and not exceeding four hundred, one-half of whom shall be designated as petit jurors, and one-half as grand jurors. Officers to avoid select- SEC. 11. In making such selection, the said officers shall avoid as ing persons who served far as practicable, selecting any-of the same persons who were actuthe preceeding year. lly drawn, and who served as jurors, during the preceding year. Duplicate lists to be SEC. 12. Duplicate lists of the persons so selected, shall bemade made, &c. out and signed by the officers making such selection, or the major part of them, and within ten days thereafter, one of each of said lists shall be transmitted to the County Clerk, and the other shall be filed with the Clerk of the township or Assesor of the ward, as the case may be. BOARDS OF HEALTH IN CITIES AND -VILLAGES. - BEVIS:qD STATUTES OF 1846-CHAPTER 35. SEc. 49. Thle'layor and Aldermen of each incorporated city, and the President and Council, or Trustees of each incorporated village in Mayor ad Aldernme'q a <,o~'~ off of IK -., 100 T-IE CITY OF DETROIT. this State, shall have and exercise all the powers' and perform all the duties, of a Board of Health as provided in this chapter, within the limits of the cities or villages respectively of which they are such officers. CITIES OF DETROIT AND MONROE. REVISED STATUTES OF 1846-CHAPTER 16. SEC. 104. The cities of Detroit and Monroe respectively shall Powers and privileges of continue to have and exercise all the powers and privileges, and be triies of De Monroe subject to all the duties and liabilities conferred or imposed upon continued. them respectively by law; and two additional Justices of the Peace shall contiue to be chosen in the township of Monroe, and two in the Detroit and Monroe may city of Detroit, in the same manner and with like powers, and sub- elect 2 adtdi I ~~~~~~~~~~~~~~~~~~~~~~~~~tional ju stiject to the same duties and liabilities, as provided in this chapter in ces of the peace. relation to the election, powers, duties and liabilties of Justices of the Peace. '*See, as to the powers and duties of a Board of Health-Revised Statutes of 1846-pages 162-3-4-5-6-7 and 8. 101 ORDINANCES AND BY-LAWS OF THE CITY OF DETROIT. REVISED AND PUBLISHED BY ORDER OF THE COMMON COUNCIL. JULY, 1855. REVISED ORDINANCES BY-LAWS OF THE CITY OF DETROIT. Be it Ordained by the miayor, Recorder and Aldermen of the City of Detroit, in Common Council convened. ~- ~TITLE ONE. OF THE CITY OFFICERS. CHAPTER I. Relative to appointment anzd duties of certain officers. SEc. 1. Printer and Pound-Keeper SEc. 5. Officers to pay over moneys when appointed. they receive, and penalty SEC. 2. Oath of ofice and bond. for neglect. SEc. 3. Salaries, when and how fixed. SEC. 6. Marshals and Constables to Sc. 4. Returns of officers to be evi- notice violation of Ordinan dence of what they set forth, ces. when. SEc. 7. Duty of City Printer. SECTION 1. That on the second Tuesday next ensuing the charter Printer and pound keeper election in each year, or as soon thereafter as shall be deemed neces- Pwhenader sary, the Common Council shall appoint the following officers, who Ponte shall hold their offices for the term of one year, and who shall be residents of said city, one Pound-Keeper and a City Printer. SEC. 2. All officers of the corporation shall, within fifteen days Oathof omce after notice of their appointments, take and file with the Clerk an oath and bond. or affirmation, that they will support the Constitution of the United States, and the Constitution of this State, and that they will faithfully and honestly discharge the duties of their offices according to the best of their abilities; and the Attorney, Clerk, Treasurer. Collector, Marshal, Superintendent, Director of the Poor, Supervisors, 14 AND 106 ORDINANCES AND BY-LAWS TITLE I. Market Clerks, Sexton, Inspectors of wood, Weigh-Masters, PoundCHAPTEa 1. Keeper and City Surveyor, and shall each enter into such bonds to the Mayor, Recorder, Aldermen and Freemen of the city of Detroit, and with such sureties, as the Common Council may direct, and conditioned that they will well and faithfully discharge and perform all the duties which the by-laws, ordinances or reso lutions of the Common Council may, from time to time, direct or require; and on the determination of their said offices, or in case they shall die during the term, or before the accounts thereof be finally closed, that they, or their respective legal represen, tatives, shall well and truly settle their said accounts, and pay over to the City Treasurer, the balance which shall be found to have been in their hands respectively due to said corporation, and shall deliver up to Mayor or Common Council, all their books of account, and all official papers and vouchers that may have come into their hands Providced, The city Treasurer shall pay all moneys in his hands to his successor in office. Salaries SEC. 3. The Common Council shall, from time to time, by resow when and how fixed. lution, prescribe the salaries of all corporation officers, for all ser vices rendered by such officers respectively to the Common Council in discharge of the ordinary and usual duties of their offices, but which shall not affect any compensation other than that to be made by the Common Council. Returs of SEC. 4. The returns made by any officer of the corporation in officers to be evidence of pursuance of any writ to him directed, and the returns or reports what they set forth, when. made by any such officer to the Common Council or other officer of the corporation in pursuance of the charter of the city, or by-law, ordinance or resolution of the Common Council, shall be taken and received as evidence of the truth of what they set forth. Officers to SEC. 5. It shall be the duty of every officer of the corporation, to pay over moneysand pay to the Treasurer of the said city, the same money which he may penalty forj neglect. have collected by virtue of his office, excepting therefrom such amount as shall be due him for his salary up to that time, and for which he may have received an order on the City Treasurer; any officer vio lating the provisions of this section, shall, for every such offence, for feit a sum not exceeding twenty per cant. on the amount of moneys improperly used or withheld by him OF THE CITY OF DETROIT. SEC. 6. It shall be the duty of the Marshal and Constables of this TITLE I. CHAPTER 2. city, to notice all infractions and violations of the laws and ordinan- Marshal and constables to ces of this city, and make complaint thereof to the City Attorney. notice viola tions of ordl SEC. 7. The City Printer shall publish the proceedings of the nanucyeosfCity Common Council, the by-laws and ordinances of this city, and all rinter. legal notices pertaining to the business of the corporation, unless otherwise directed by the Common Councit in extraordinary cases. CHAPTER II. Relative to the City Attorney. SEC. 1. Must be an Attorney and Coun- SEc. 3. To receive and how dispose of sellor of Supreme Court. moneys collected by him. Sac. 2. Duties of. SEC. 1. The Attorney for the city of Detroit shall be a person Must be an Attorney an(! who is an Attorney and Counsellor of the Supreme Court of the State Counsellor of Supreme of MNichigan, and shall not hold any other office under the Common Court. Council during the period for which he shall be elected. SEC. 2. It shall be the duty of the city Attorney to draft all Duties of. ordinances, deeds, bonds, contracts and documents of whatever kind which may be required of him by any ordinance or order of the Mayor, Recorder or Aldermen, or of the Common Council, or which by any such ordinances or order are necessary to be done and made by and between the city of Detroit and any person or persons contracting with said city in its corporate capacity, and which the said city is to be at the expense of drawing; he shall prosecute all actions, suits and prosecutions on behalf of the city, in the Mayor's Court, or any other Court in this State; he shall institute and carry on all prosecutions for the recovery of all fines, penalties and forfeitures which have or may accrue for the violation of the by-laws or ordinances of said city; he shall defend all manner of actions brought or to be brought against said city, or any officer thereof in his official capacity, before any court in this State; whenever required he shall render professional advice to the Common Council, or any member, or committee thereof, or any officer of the corporation on all subjects touching the city government; he shall examine and inspect all tax and assessment rolls, and all proceedings predicated thereon, made by the authority of the corporation, and if not correct, to advise the proper officers how to correct the same, and shall do all and every other professional act incident to his office. 107 ORDINANCES AND BY-LAWS TITLE I. SEC. 3. The City Attorney shall receive all moneys recovered by CHAPTER 3. To receive any suit instituted by him as aforesaid, and pay the same to the and how dispose of Treasurer of said city at the expiration of every quarter, and also moneys collectedbyhim nmake a written report to the Common Council of all suits instituted by him, showing the names of the defendants, the progress or result of the suits, and the nature thereof, the amount of the money paid to the Treasurer, and from whom the same was received, together with such other general statement of business on his hands as may be necessary. CHAPTER III. Relative to City Clerk. Src. 1. To keep journal of the Common SEC. 4. Shall provide an assessment Council. register. SEc. 2. Shall keep the accounts of the SEC. 5. Shall inform Attorney of the city, and take receipts from filing of assessment rolls, and officers, when. obtain his opinion of their Sec. 3. Shall provide stationery for regularity. city business,and make quar- SEc. 6. Shall charge expense of making terly returns of fees. assessments in assessment re gister. To keep SEC. 1. The City Clerk shall keep an accurate and correct jourjournalof the proceedings nal of the proceedings of the Common Council, and file and carefully of the Common Council. preserve all papers and documents connected therewith. Shallkeep SEC. 2. It shall be the duty of the City Clerk to keep just and the accounts of the city accurate accounts of all matters in which the corporation of said city and take receipts from officers,when may be interested and concerned; and whenever any officer of said city shall be authorized to receive or demand from the City Clerk, any accounts, notes, bonds, assessment rolls, or any paper or docu ment whatever, he shall charge or enter the same, in some proper book kept for that purpose, against such officer, and take his receipt therefor. Shall provide SEC. 3. It shall be the duty of the City Clerk to procure all necesstationery for city business sary books and stationery for the Common Council and Mayor's antd make quartefrly re- Court, and at the expiration of every three months, or sooner if turns of allexiaintrei fees. fee required, report to the Common Council the amount of moneys re ceived and disbursed by him, relative to all matters pertaining to the duties of his office. It shall also be the duty of the City Clerk to keep an account of all Clerk's fees, received by him in the Mayor's Court, and of all other fees received by him as Clerk, and once in each three months to pay the same to the City Treasurer, for the 108 OF THE CITY OF DETROIT. benefit and use of the city, and to take the Treasurer's receipt there- TITLE I. CHAPT.E 4. for, and to report the same to the Council. SEc. 4. It shall also be the duty of the Clerk to procure a Shall provide an assessregister, to be denominated the " Assessment Register," wherein mentregister shall be registered assessments on any lots or premises on which any tax or assessment has been laid or imposed, but not paid. SEC. 5. Whenever any assessment roll or any return, or other Shall inform the Attorney proceeding relative thereto, shall be left or filed with the City Clerk, of the efiling rolls and ostit shall be his duty, without unnecessary delay, to inform the City traon his opir ton of their Attorney of the same, and obtain his opinion respecting the regularity regularity. of such proceedings; and if there be any irregularity in any matter relative to such proceedings, the Clerk shall inform the officer periormuing the same, with the view to have any necessary correction made in the premises. SEc. 6. When any special assessment shall be made on any lands Shall charge expense of or tenements by authority of the Common Council, it shall be the duty making as y ~~~~~~~~~~~~~~~~~~sessments in assessment of the Clerk to ascertain and determine all expenses incurred by the register. corporation in making the same, and charge the amount thereof in a proper column in the assessment register, which shall be collected together with the amount of said assessment. CHAPTER IV. Relative to City Collectors. Sxc. I. Shall collect city tax in several SEC. 3. To mak wards-their compensation. tions o SEc. 2. Bonds of. port c once pa SEc. 1. Shall collect city tax in several SEC. 3. To make deposits of collec wards-their compensation. tions once a week, and to reSFEc. 2. Bonds of.port concerning collections once per month. SEC. 1. The Collectors of the several wards shall collect the city Shall collect city tax in tax within the bounds of their respective wards, and shall be entitled several wards. to such rate per cent. for compensation as the Common.Council shall from time to time prescribe by resolution or otherwise: Provided, The compensation shall in no case exceed five per cent. on the amount Their com pensation. collected. SEC. 2. The several Collectors shall, before entering on'the duties of their office, enter into bonds to the Mayor, Recorder, Aldermen sonds of and Freemen of the city of Detroit, with such sureties as the Common Council may direct, in a sum not less than twice the amount of the city tax in the ward for which each Collector has been chosen, and conditioned that they will well and faithfully discharge and perform 109 ORDINANOES AND BY-LAWS TITLE I. all the duties which the by-laws, ordinances or resolutions of the CHAPTER 5. Common Council may, from time to time, direct or require, and on the determination of their said offices. or in case they shall die during the term, or before the accounts thereof be finally closed, that they or their respective legal representatives shall well and truly settle their said accounts and pay over to the City Treasurcr, the balance, which shall be found to have been in their hands respectively, due to said corporation, and shall deliver up to the Mayor or Common Council all their books of account and all official papers and vouchers that may have come into their hands. To make SEC. 3. Each Collector shall, at least once in each week, deposit deposits of colPLecti!oros with the City Treasurer all moneys by him collected up to the time of once a week aud rep~ortmaigec condcelrt making each deposit, and, as far as practicable, the same money colcollections oncelperS lected, and report to the Common Council all his doings relative to mouth. any collections which may be entrusted to him, once in every month, - or oftener, if required, and every such report shall be accompanied by the affidavit of the Collector making the same, duly sworn to, that such report contains a true account of all moneys by him collected for said city, during the time embraced in said report. CHAPTER V. Relative to City Treasurer. SEc. 1. Duties of-shall open eight dif- SEc. 3. To give receipts countersigned ferent accounts. by the Comptroller. SEC. 2. How to keep his accounts. Duties of- SEC. 1. It shall be the duty of the City Treasurer to receive all i-hall open elghtdliffer- moneys belonging to the corporation of said city, from whatever ent accounts. sources the same may arise or become due, and once in each week to deposit all moneys so received by him, in such place in said city as the Common Council may by resolution designate. Hie shall cause to be opened in his books eight distinct and separate accounts, as follows, to wit: 1st. GENERAL FUND.-TO which he shall credit all moneys re ceived on account of city taxes proper, sale or rent of city property, lots sold for delinquent taxes, and all other moneys'belonging to said corporation received by him, and not hereinafter directed to be credited to some other account. 110 OF THE CITY OF DETROIT. 2d. FIRE DEPARTMENT.-To whieh he shall credit all moneys TITLE I. CHAPTER 5. raised, received or appropriated for the benefit or maintenance of said department. 3d. CONTINGENT FUND.-To which shall be credited all moneys received and appropriated fromn the city tax proper, for contingent expenses. 4th. CITY POOR.-To which he shall credit all moneys received for grocery or tavern licenses granted by the Common Council. 5th. ROAD FUND.-TO which shall be credited all moneys received on account of road tax. 6th. INTEREST FUND.-To which he shall credit all moneys raised and appropriatedfor payment of interest. 7th. SEWER FuND.-To which he shall credit all moneys received on account of sewer tax or assessment. 8th. IMAYOR'S COURT FUND.-To which shall be credited all moneys received on account of fines and penalties imposed by said Court. SEc. 2. The Treasurer shall keep just and fair accounts of all How to keep his accounts. moneys received and credited by him, in books to be provided for that purpose, showing the amount received and credited on account of each of the funds, mentioned in the preceding section, respectively; and shall once in each week notify the City Comptroller of the amount by him credited to each fund. lie shall, once in each month, or oftener, if required by the Common Council, furnish to the said Council, a true and full account of the receipts and disbursements of his office, the amounts due and owing to the city, their nature and condition, and by whom due. Hle shall at all times keep the books and accounts of his office open to the inspection and examination of the City Comptroller or any committee of the Common Council. To gilve re SEc. 3. The Treasurer shall give receipts for all moneys received celts oun tersigned by by him, and said receipts to be countersigned by the Comptroller. the Comp troller. I 11I ORDINsANCES AND BY-LAWMS TT CHAPTER V L. cRelative to the City Comptroller, SEC. 1. Term of office, Common Council and file SEC. 2. Official Bond. with Comptroller a certifi SEc. 3. All accounts against the city to cate of the amount. be filed with and audited by SEC. 25 Accounts to be paid out of the him. fund to which they belong, SEC. 4. City Clerk shall keep a register etc. of all accounts allowed by SEac. 6. Salary of. Termofoffice SEC. 1. There shall be appointed by the Common Council to the city of Detroit, an officer to be called the City Comptroller, who shall hold his office for the term of three years from and after the first day of April, A. D. 1850, and until his successor is duly appointed and qualified. SEc. 2. Before entering on the duties of his office, said City Comptroller shall take and file with the City Clerk an oath or affir mation similar to that provided in the case of other officers of said city, by section two of chapter one of the Revised Ordinances of 1848, and shall also enter into bonds in the penal sumn of thirty OfficialBond. thousand dollars, to the Mayor, Recorder, Aldermen and Freemen of the city of Detroit, with such sureties as shall be approved by the Common Council, and with like condition as is provided in said section two, in relation to the bonds of other officers of said city. All accounts SEC. 3. All accounts against the corporation of said city, shall, in against the city to be the first instance, be presented and filed with the said Comptroller, filed with and audited and it shall be the duty of the said Comptroller to receive and exby him. amine all such accounts, and to report upon the same fully, and with all convenient speed, to the Common Council, and whether in his opinion, said accounts shall be allowed or disallowed; and if allowed, the fund out of which the same should be paid; and once in each month, and oftener if required, furnish to the Common Council a general statement of the business done in his office; the receipts and expenditures of the city government during the preceding month, and an estimate of the probable receipts and expenditures for the succeed ing month-distinguishing the receipts and expenditures of each sepa rate fund-the then state of the finances of each fund, and such general suggestions and information in regard to the city finances and government, as he may deem beneficial to the city government; to examine the tax rolls and returns of other city officers; to take gene ral supervision of the acts and accounts of all other officers engaged 112 TITLE I. CHAPTEa 6. OF THE CITY OF DETROIT. in the business of said corporation, and generally to act, in all respects, TITLE I. as the business agent of said corporation. The said ComptrollerCAR shall keep regular books of account, showing the state of the city finances, and a book of claims, with an index, in which shall be entered a full minute of each claim presented to him, the proceedings had in regard thereto, and its final disposition. SEc. 4. Whenever any accounts against the corporation of said city Clerk shall keep a city shall have been allowed by the Common Council, it shall be the register of all accounts alduty of the City Clerk to enter the same in a register, to be by him Com.dConc and file with kept for that purpose, and to file with the City Comptroller, forth- comptroller a certificate with, a certificate stating each claim so allowed, its amount, and to ut of the -~~~~~n amounot of each account whom, and out of what fund payable. Upon the receipt of said certifieate, the Comptroller shall file the same in his office, and draw his warrant upon the appropriate fund, and no other, for the amount, and it shall then be paid by the Treasurer: Provided, however, That all claims shall be paid in the order of priority in which they are allowed; that all warrants shall be drawn upon the fund designated in the certificate of allowance, and that no warrant shall be drawn until there are funds to meet it. SEC. 5. All accounts shall be paid out of the appropriate fund to Accounts to which they belong: Provided, however, That thheCommon Co uncil ba to That the Common Councilof the fond to which they may, whenever they deem it expedient, direct that the surplus of any belong, &c. one fund be checked for in the manner provided in the preceding section, and applied to the credit of any other fund. SEC. 6. The said Comptroller during the time he continues in office, shall be paid a salary at the rate of twelve hundred and fifty Salary of. dollars per annum, payable month]y, which shall be in full for all services rendered by him to said city. 15 113 ORDINANCES AND BY-LAWS CHAPTER VII. Relative to Street Commissioner. TITLE I. CHAPTER 7. SEc. 1. To be appointed by and hold' be subject to Commissioner office at the pleasure of the SEC. 4. To make assessments of side Common Council, oath and and cross walks, and to en bond of. force ordinances concerning SEc. 2. Duties of. streets and allies. SEC. 3. Supervisors of several wards to SEc. 5. Salary of. To be ap SEC. 1. There shall be appointed by the Common Council of the pointed by and hold his,a onffice at this city of Detroit, an officer, to be called a Street Commissioner, who pleasure of thleeasCommfon shall hold his office during the pleasure of the Common Council, from Council. and after the first day of July, in the year in which he is appointed, ancl until his successor is duly appointed and qualified. Said Street Com missioner shall possess the same qualifications, and take the same oath as other city officers, and before entering upon the duties of his office, oath and give a bond to the city, with one or more securities to be approved of Bond of. by the Mayor, in the sum of five thousand dollars, conditioned for the faithful performance of the duties of his office. SEC. 2. Said Street Commissioner shall have full power and auDuties of thority, and it shall be his duty, to superintend and direct, pursuant to the laws, ordinances, resolutions and orders of the Common Coun cil, the making, paving, repairing or opening of all the streets, lanes, alleys, sidewalks, crosswalks, highways or bridges within the limits of said city, and all expenditures for the above mentioned purposes, shall be made under the supervision and direction of the said Street Commissioner. Supervisors SEC. 3. The Supervisors of the several wards of said city shall, of several wards to be in all things pertaining to the duties of their offices, be under the disubject to COmmis- rection and obey the orders of the Street Commissioner; and if any sioner. of said Supervisors shall neglect or refuse to perform any such service, when required by said Street Commissioner, it shall be his duty to report such neglect or refusal to the Common Council. To make as- SEC. 4. Hiereafter, said Street Commissioner shall make all sessments of sideadetcross assessments for the making and repairing of sidewalks and crosswalks, and to enforce ordi- walks, and shall cause to be enforced all the ordinances concerning nances con- - cerning streets and alleys, and shall make complaint to the Mayor's Court of streets and alleys. all persons violating any of said ordinances. Salary of. SEC. 5. Said Street Commissioner shall receive as compensation for his services six hundred dollars per annum. 114 OF THE CITY OF DETROIT. CHAPTELt VIII. TITLE L CHAPTER 8. Relative to City Surveyor. SEC. 1. Shall establish the grade of shall consult and act with streets, &c. committees requiring official SEC. 2. Shall survey and superintend information from him. the construction, or alteration SEC. 4. Shall deliver books and of drains. papers to City Clerk, and SEc. 3. Shall make surveys and give wien required report to the information to the Superin- Council. tendent of Hydraulics, and SEC. 5. Salary of. SEC. 1. It shall be the duty of the City Surveyor, when so directed Shall estab lish the grade by the Common Council, to ascertain and establish the proper grade ofstreets, &C to any avenue, street, lane, alley or side walk within the limits of said city, and when required, to run out and stake off the same. SEC. 2. It shall also be his duty to make all necessary surveys, Shall survey Iand superinand superintend the construction, enlargement, or alteration of all tend the con struction or drains connecting with the main or lateral sewers of said city, and alterationof drains. - shall record the same in a book to be provided by said Common Council, and deposit the same with the City Clerk at the termination of his said office. SEc. 3. He shall also make all necessary surveys, and give such Shall make surveys and information as may be needed by any conmmittee, or by the Superin- give Informa tion to the tendent of the water works in laying down, extending or connecting Superintend ent of Hythe water logs or pipes of said water works in said city, and shall a t dhaiconsdult and act with all times, when required, consult and act with any standing or special committees of requiring 'fIca infercommittee, who may desire any information or assistance in any offmatiionfrom matter or thing connected with the duties of his office where the city hi. of Detroit is concerned. SEC. 4. He shall also deliver over to the City Clerk all papers, Shall deliver books and paplans and drafts relating to any survey made by order of the Common pers to City c lerk and Council, and shall also make a written report of his doings and pro- when re quired report ceedings in all cases when required so to do by the Common to the Coun Council. SEC. 5. The salary allowed by said Council to the City Surveyor Salary of. shall be in full for all services rendered, and shall also be in full for all incidental, as well as other labor performed by him as said Surveyor7 or by any of his assistants. 115 O1RDINANCES AND BY-LAWS TITLE I. CIIAPTER IX. CHAPTER 9. Relative to City Historio,grapiher. SEC. 1. Duties of. SEc. 3. To make a report annually to SEc. 2. To collect and keep all books, Common Council of the state papers, &c., connected with of his department. the history of the city of S-Pc. 4. To deliver up books, papers, Detroit. &c., and penalty for default. SEC. 5. Office honorary. Dutiesof. SEC. 1. There shall be appointed by the Common Council, an officer to be called the Hiistoriographer, who shall hold his office during the pleasure of the Council. To collect SEC. 2. It shall be the duty of the Historiographer to collect toand keep all books, pa- gether, receive and safely keep all such books, papers, documents, and pers, &c., connected other matters, connected with, and illustrating the history of the city with the History of the city ofDI)e- of Detroit, as he may be able to procure without expense to the city. troit. Tomake a SEC. 3. It shall be the duty of the HIistoriographer, to report report annually of the annually (and at such other time as he shall be required to do,) to state of his d department to theCoirt. the Common Council the state and condition of his department. Council. To deliver up SEC. 4. The Historiographer shall at any time when required by all books, papers,&c., the Council, deliver over to such persons as the Council nmay direct, and penalty I for default. all books, papers and documents, and other things that may at any time come into his possession as such officer, and in default thereof, he shall be liable to a penalty of one hundred dollars. Oice hono- SEC. 5. The office of Historiographer being honorary, no compenrary. sation shall be allowed to said ocer. sation shall be allowed to said officer. CHAPTER X. Relative to City Collector and Sp)ecial Assessments. SEc. 1. City Collector to be appointed. SEC. 4. How Collector shall proceed. Bonds of. SEC. 5. Collector to make return. SEC. 2. Duty of Collector. Sac. 6. Warrant for collection may be SEC. 3. City Comptroller to deliver renewed. special assessments to Trea- SEc. 7. Duty of City Treasurer upon surer, when they shall be return. delivered to Collector, and SEC. 8. Forms. warrant. CityCollector SEC. 1. That there shall be appointed by the Common Council to be appointed. an officer to be called the City Collector, who shall hold his office during the pleasure of the Council, from and after the first day of June, in the year in which he is appointed; and until his successor is duly elected and qualified; said City Collector shall have and pos sess the same powers and qualifications, under the provisions of this 116 OF TIHE CITY OF DETROIT. ordinance, as the ward Collectors of said city, and take the same oath TITLE I. yCHAPTER 10. s other city officers, and before entering upon the duties of his office, -ive a bond to said city, with one or more securities, to be approved 3ondsof. by the Common Council, in the sum of twenty thousand dollars, conditioned for the faithful performance of the duties of his office, and perform all the duties which the By-Laws. Ordinances, or Resolutions of the Common Council may from time to time direct or require and on the determination of his said office, or in case he shall die during the time, or before the aecounts thereof be finally closed, that he or his respective legal representatives shall well and truly settle his said accounts, and pay over to the City Treasurer, the balance, which may be found to have been in his or their hands respectively, due to said corporation, and shall. deliver up to the Mayor or Common Council all his books of accounts: and all official vouchers that may have come into his hands. SEC. 2. It-shall be the duty of said City Collector to collect the Duties of. special taxes or assessments of said city, laid or imposed by authority of the Common Council of said city. The said City Collector shall have full power and authority to collect said taxes or assessments pursuant to the laws and ordinances of said city: and he shall at least once in each week, deposit with the City Treasurer all moneys by him collected up to the time of making each deposit, and, as far as practicable, the same money collected, and report to the Common Council all his doings relative to any collections which may be en-, trusted to him, once in every month, or oftener if required, and every such report shall be accompanied by the affidavit of the Collector making the same, duly sworn to before the City Comptroller, that such report contains a true account of all moneys by him collected for said city, during the time embraced in said report. SEC. 3. Whenever any special tax or assessment shall hereafter CityComp troller topdebe laid or imposed, by authority of the Common Council of said city, liver special assessments the City Comptroller shall cause the assessment rolls for said special to Treeasurer, when they shall be detax or assessment to be delivered to the City Treasurer, who shall give livered to Collector and a receipt for the same and be charged therewith., The Treasurer warrant. shall retain the said assessment rolls in his office for the space of twenty days from and after the date of such delivery, and during the said period, while said rolls are so retained, any person assessed therein may pay the amount of his or her tax or assessment to the 117 ORDINANCES AND BY-LAWS TITLE I. City Treasurer, who shall receive the same and give a receipt therefor, CHAPTER 10. and mark the same as paid upon the said rolls. Upon the expiration of the said period of twenty days, it shall be the duty of the City Treasurer to deliver the said assessment rolls, or a certified copy of the same, adding thereto the cost of printing or other costs, to the Mayor, Recorder and Aldermen of said city, or any three of them, of whom the Mayor or Recorder shall be one, who shall issue a warrant under their hands and the seal of said city, directed to the City Col lector of said city, with a command to levy and collect all sums or assessments then remaining unpaid, with the costs and charges thereon, by distress and sale of the goods and chattels of the person against whom said assessment has been made, or those who may be liable to pay the same, and further commanding the City Collector to make returns to the Common Council, within thirty days thereafter. How Collect- SEC. 4. Upon receiving the assessment roll, or a copy thereof, and or shall proceeda. warrant, it shall be the duty of the City Collector to proceed to demand and; collect the several sums mentioned therein, and if any person shall neglect or refuse to pay the same, then, if he can find any goods or chattels of the person liable therefor, he shall levy thereon; but before he shall proceed to sell such goods and chattels, he shall give ten days' previous notice of the time and place of sale, by causing the same to be posted up in three of the most conspicuous places in said city, and the property levied upon shall be sold at public auction to the highest bidder; and the City Collector shall render the overplus if any, after deducting the costs and charges of such distress and sale, to the person entitled thereto. The City Col lector shall, in all cases, be entitled to demand cents on the dollar on the amount of the assessment. for his services, which the person so assessed shall pay. Collector to SEC. 5. The City Collector shall make return of his doings make return. within the time mentioned in said warrant, to the Common Council, if in session; but if not, then at their next ensuing meeting; and in such return describe the goods and chattels sold, and the amount which each article sold for. But if goods and chattels cannot be found, or if such person or persons mentioned in said roll are non residents of said city, the City Collector shall state such fact, verified by an affidavit taken before the City Comptroller, and annex the 118 OF THE CITY OF DETROIT. same to a list of such lands on which the assessments have not been TITLE I. CHAPTER 10. paid. SEC. 6. Said warrant may be renewed from time to time if the Warrant for collection Common Council shall so direct. maycbte re newed. SEc. 7. Upon making such return the City Treasurer shall pro- Duty of City ceed and sell such lots in the same manner as is prescribed for city Tareturn. upon return. taxes. SEC. 8. The following or other sufficient forms may be used in proceedings under this chapter: FORM OF WARRANT., STATE OF MICHIGAN City of Detroit, S y~~~~~~s To the City Collector of the City of Detroit, Greeting: In the name of the People of the State of Michigan, You are hereby commanded, that you collect from each person or set of persons named in the foregoing tax roll, or of any person liable to pay, the amount of money set opposite his, her or their names, respectively, and on the refusal or neglect of any such person to pay said tax, costs and charges thereon, including per cent. for your services, that you then levy the same by distress and sale of the goods and chattels of such person, according to law, and that you have said roll and this warrant and the receipt of the Treasurer of said city for the amount by you collected, before the Common Council of said city, within thirty days from the date hereof-and fail not, at your peril. In testimony whereof, we have hereunto set our hands, and [L. S.] caused the seal of said city to be affixed at the city of Detroit, aforesaid, this day of A. D. 18 Mayor. Aldermen of said city. Notice of sale of Property. STATE OF MICHIGAN, Ss. City of Detroit. Notice is hereby given, that, pursuant to law in such case made and provided, there will be sold at public auction, to the highest bidder, at in the city of Detroit, at o'clock in 119 Fornms. TITLE I. the noon of day of A. D. 18 the following CHAPTER 10. goods and chattels, viz: [here description] or so much thereof as may be necessary to satisfy the amount of a certain assessment made by the Common Council of the city of Detroit, against for defraying the expenses of, together with the legal costs and charges which have accrued in the premises. By order of the Common Council, , City Collector of said city. Dated at the city of Detroit, this day of A. D. 18. Return on City Collector's Warrant. STATE OF MICIHIGAN, I City of Detroit. Ss. To the Ion. the Coinimon Council of said cIty: The undersigned begs leave to submit the following list of lands of residents, (or non-residents,) which were taxed for, (here set forth the object for which the tax was laid,) on the day of A. D., 18, according to the assessment roll to me heretofore de livered, but which I have not been able to collect. [Here copy the assessment roll, so far as it relates to unpaid assessments.] Given at the city of Detroit, 1 this day of A. D. 18. [Let an affidavit.of the following form be added:] STATE OF MICHIGAN. 7 City of Detroit. ss. City Collector of said city, being duly sworn, saith that the fore going return contains the description of all lands, and the names of all persons taxed on the assessment roll of the day of A. D. 18, and that the several sums mentioned in the foregoing list, remain due and unpaid, and that he has not upon diligent enquiry been able to find or discover any goods or chattels belonging to, or in the possession of the persons charged with or liable to pay the said assessment, whereon to levy the same; and this deponent further saith, that the persons mentioned in said list as non,residents are, as as he believes, non-residents. ORDINANCES AND BY-LAWS .City Collector of said city. Subscribed and sworn to,'this day of A. D. 18 before me, City Comptroller of said city. 120 7 OF THE CITY OF DETROIT. TITLE I. CHAPTER 11. CHAPTER XI. -Relative to Chimney Sweeps. SEc. 1. How appointed.' Sec. 4. Duties of. SEc. 2. To give bonds, and register SEc. 5. Fees. their names with Clerk, and SEC. 6, Penalty on persons whose Clerk to give them certifi- chimneys, being unswept, cates. take fire. SEC. 3. To wear badge, and penalty for; default. SEC. 1. There shall be nominated by the Board of Fire War- lowap dens of the city of Detroit, subject to the approval of the Common pointed. Council. one Chimney Sweeper for the city, who shall have full power to appoint others under him, according to the subsequent provisions of this chapter. SRc. 2. No person shall hereafter follow the business or occupa- Togivebonds and register tion of a Chimney Sweeper, either by himself, or others, within the city their names with Clerk, of Detroit, unless he shall have been approved in the manner pre- and(Clerk to give them scribed in section one, and shall give bonds to the Mayor, Recorder, certlicates. Aldermen and Freemen of the city of Detroit, in the penal sum of fifty dollars, conditioned for the faithful performance of his duties according to the provisions hereinafter contained, and shall have registered his name and the names of all persons employed by him as assistants, with a number affixed to every such name in a book to be kept by the City Clerk, and shall have obtained from said Clerk a certificate of every such registry containing the name of the person and the number affixed in said registry, under a penalty of five dollars for every day he shall follow by himself or others the said business; and the said Clerk is hereby required to make out and deliver to the person so appointed such certificates, for each of which he shall be entitled to demand and receive one dollar. SEC, 3. Every person following the aforesaid business within said To weara badg,e and city, shall wear, and cause to be worn by the persons employed by bapenalty for default. him, on the front of their caps or hats, in full view, the same figures and numbers respectively as shall be so as aforesaid entered in the said book, and contained in his or their respective certificates, in large figures not less than two inches in length, to be made of durable tin or copper, with the word "Sweep," legibly painted on said badge. Every person who shall violate the provisions of this section shall forfeit one dollar. 16 121 122 ORDINANCES AND BY-LAWS TITLE I. SEc. 4. Every such Chimney Sweep so appointed, who shall not ]Duty of. within forty-eight hours after application to him, made by any in habitant of the district to which he belongs, sweep, or cause to be swept, such chimney or chimneys as he shall be required to sweep7 shall for every such offence forfeit and pay the sum of three dollars. SEC. 5. Each Chimney Sweeper so appointed shall be entitled to Fees of demand and receive for every chimney so swept, the following sums and no more, to wit:-for each chimney with a single flue, the sum of one shilling for every story through which said flue shall pass, and six cents for each additional flue, the same to be paid by the persons respectively owning the same. Penalty on SEC. 6. If any chimney in this city shall sake fire and blaze out at persons whose chim- the top, (the same not having been swept within three months next neys being unswept, take fire. before the time of taking fire,) the occupant of such premises shall forfeit and pay the sum of one dollar and costs. But if the same - shall have been swept within three months, then the person having swept the same shall forfeit and pay one dollar and costs. CHAPTER XII. Relative to City Scavengers. SEc. 1. To be appointed by Council. penalty for nmt so notifying SEc. 2. No person to act as Scavenger SEc. 6. Fees of. unless licensed. SEC. 7. When Scavenger to commence SEc. 3. To enjoy the exclusive right to proceedings in the Mayor's clean privies and have the Court. emolument thereof. What SEC. 8. Penalties for breach of duty.by hours to work. Scavengers. SEC. 4. Shall clean privies when re- SEC. 9. Proceedings under this ordi quested. nance, where brought. SEc. 5. To be notified of the existence SEc. 10. Common Council may suspend of night soil in privies by the Scavengers. owners thereof, when, and, Tobe ap- SEC. 1. The Common Council may from time to time license any pointed by the council. trustworthy persons to be Scavengers for the city, upon their making application for such license, giving proper security, and paying the sum of one dollar to the City Treasurer for their license. No person to SEC. 2. No person shall hereafter follow the business or occupaactasscavenger cunless tion of a Scavenger for hire in the c;tv of Detroit, unless he shall licensed. have been licensed by the Common Council, as provided in section one, under a penalty not exceeding fifty dollars for'each offence; and each person licensed, as provided in said section one, shall, before en tering upon his duties as Scavenger, give bonds to the Mayor, Re tOF TIIE CITY OF DETROIT. corder, Aldermen. and Freemen of the City of Detroit, in the penal TIATLE I. qHAPTER~ 12. sum of two hundred dollars, with such securities as the Common Council may approve, conditioned for the faithful performance of his duties, according to the provisions of this ordinance; and it shall further be the duty of each person licensed as Scavenger, as herein before provided, to register his name in a book to be kept by the City Clerk, and to obtain from said Clerk a certificate of such registry, under a penalty of five dollars for every day he shall follow the business of Scavenger, either by himself or others; and the Clerk is hereby required to make out and deliver to the persons so appointed certificates as aforesaid, for each of which certificates he shall be entitled to demand and receive fifty cents. SEc. 3. The persons licensed as Scavengers as aforesaid, and having duly qualified as aforesaid, shall exclusively have the right, To enjoy the and enjoy the emoluments, of cleaning privies in the city of Detroit. right to clean privies and have the They shall, under the direction of the City Marshal, have full power henvoluentse to enter upon any premises in the city, and examine the privy or privies on such premises: and whenever any privy or privies in the city shall be found filled with night soil to a level with the surface of the lot on which they stand, the said Scavengers may, at any time between the hours of ten o'clock in the evening and four o'clock in What hours the morning, clean out such privy or privies, and it shall be their duty to work, to remove all the contents of the same in carts or wagons, to be provided for that purpose, to some point on the Detroit river, and thence convey the same in a scowo or other boat provided for that purpose, to the middle of the river, at a distance of at least half a mile below the limits of the city, and then deposit the same in the said river. SEc. 4. It shall be the duty of said Scavengers? whenever re- Shall clean pr ivies when quested by any of the citizens of Detroit, to clean out the p rivy or requested. privies of the person or persons requesting the same to be done, between the hours prescribed in section three, and they shall remove the contents of all privies so cleaned out by them, upon request, in the same manner, and to the same place, as provided in said section three. SEC. 5. It shall be the duty of each and every owner or occupier of a privy within the limits of the city of Detroit, whenever his, her or their privy shall be filled with night soil, within a foot of the sur 123, ORtDINANCES AND BY-LAWS TITLE I; face of his, her or their lot, to notify one of the City Scavengers of CHAPTER 12. To be noti- the fact, and request him to clean out the same; and remove the confled of the existanceof tents, as hereinbefore provided; and every person neglecting so to night soil in privies by notify a City Scavenger, shall be liable to a penalty of not exceeding the owners-p when, and. penalty for five dollars for each day he, she, or they shall neglect to give suech not so notifying. notice, and make such request: Provided, That the fine shall, in no one case, exceed twenty-five dollars, and that all notices for the Scav engers shall be deemed made, according to the provisions of this ordinance, when left at the City Clerk's office in writing. Fees of. SEC. 6. The Scavengers shall be entitled to demand and receive a sum not exceeding eight cents for each cubic foot of the contents of any privy by them cleaned out, as hereinbefore provided. When Scav- SEC. 7. If any person, or persons, whose privy has been cleaned enger to cormenre prloo- out by a Scavenger, under the provisions of this ordinance, without ceedings in CMaoyrt request, shall refuse or neglect to pay the price charged for the same, Court. - (provided that such charge be not above the rate fixed by section six,) it shall be the duty of the Scavenger who has cleaned out his, her or their privy, to commence proceedings in the Mayor's Court, for the recovery of the penalty provided for in section five: Provided, That the Scavenger making any complaint, shall receive, in lieu of all claims against the city, one-half of the amount of the penalty collec ted, upon complaint made, and conviction thereof. Penalties for SEC. 8. If any Scavenger licensed, as provided in section one, breach of duty by shall neglect to take out the certificate provided for in section two, or Scaven~gers. Scavengers. shall refuse, or neglect to clean out any privy within the city of De troit, within forty-eight hours after being requested, or when he shall know the same to be full, or shall deposit the contents of any privy by him cleaned out, in any other place than that prescribed in section three, or shall discharge any of his duties in a careless or improper manner, or neglect to repair any damage to the fences, buildings and grounds made in the discharge of his duties, or shall demand any higher price for cleaning out any privy, than that prescribed in section six, he shall for either offence be liable to a penalty not exceeding one hundred dollars. SEC. 9. All the penalties provided for in this ordinance, shall be collected by prosecution in the Mayor's Court, with costs of prosecution. Proceedings under this ordinance when brought. 124 OF THE CITY OF DETROIT. SEc. 10. The Common Council may at any time direct suspen- TITLE IT. CHAPTEar i3. sion of the work of any of the Scavengers, when it appears that the Council make suspend exercise of the duties may be deleterious to the public health, and Scavengers' ~~~~~~~~~~~~~~for other good causes. for other good causes. TITLE TWO. OF TAXES AN]) ASSESSAMENTS. CHAPTER XIII. Relative to the Assessment and Collectioy of City Taxes. delivered to Treasurer, arind how long Treasurer may de tain the same. SEc. 6. City Treasurer to procure war rant to be attached to tax rolls-contents of said war rant. When to be returned. -lay be renewed. SEc. 7. The amount unpaid on rolls to be charged to Collectors. SEc. 8. Collectors to collect and make returns. Sae. 9. Collector to return taxes un paid to the Council, &c. S.,,c. 10, Forms. SEC. 1. Duity of Attorney relative to general assessment. SEc. 2. Proclamationll for public meet ing to authorize tax, to be published by the Clerk. Sac. 3. Proceedings of meeting to be filed aud recorded. Duty of Clerk or other officer authtor ized to carry out the amount of tax granted by said meet in,. 8Ec. 4. School, highway and sewer ta xes to b e delivered to C ol lectors, when. 8.vc. 5. Comptroller to cause rolls to be SEC. 1. It shall be the duty of the'City Attorney to meet with Duty of At torney relathe Assessors, and give them all necessary advice relative to the man- tive to genPer al assessment ner of making the general assessment, and if any property belonging to the corporation should be assessed, to request that the same should be stricken from the roll. SEC. 2. That whenever it shall be necessary to call a meeting of Proclamation the freemen of said city, for the purpose of authorizing the said Com- for pubgicto the feemenof sid ciy. fr thepurpoe ofauthoizin the,aid meeting to authorize tax mon Council to assess or lay a tax on the real and personal property to be pu. lished by the. within the limits of said city, the notice or proclamation for convening such meeting shall be left or filed with the City Clerk, who shall cause a copy thereof to be duly published in said city, in one of the city papers and handbills. SEC. 3. If such meeting shall authorize the Common Council to assess and levy any such tax, the Chairman, or other officer of the meeting, shall certify the same to the Conm.on Council, as soon as 125 ORDINANCES AND BY5Y-LAWS TITLE I. may be, and such authority so certified shall be recorded in the jourCHAPTEa 13. Proceedings nal, and filed by the City Clerk. It shall be the duty of the City of meeting to be filed and Clerk, or such other officer as the Comimon Council shall authorize, recorded. oDruothy of Clerk to carry out in a proper column of the assessment rolls in each year, or other officer author. ized to carry the amount of tax, in dollars and cents, agreeably to the authority out the amount of granted by such meeting of the freemen of said city. tax granted by said meet SEC. 4. All city, school, highway and sewer taxes or assessments ing School, highway and. not paid to City Treasurer as hereinafter provided, shall be collected sewer taxes tedo be delivet- by the Collector of the ward wherein the same are assessed and to be ed to Collect-, ors-when. collected. Comptroller SEC. 5. Hereafter when the assessment rolls for city, school, cause rolls to be delivered adswrtxso r to Trelsrer,ed highway and sewer taxes or assessments are completed, the City and how long Treasurer Comptroller shall cause the same to be delivered to the City Treasurer, may detain the sam. who shall give a receipt for the same, and be charged therewith. The Treasurer shall retain the said assessment rolls for city, school, high way and sewer taxes in his office until such day as shall be designa ted by the Council, in each year, and during said periods, while said rolls are so detained respectively, any person assessed therein may pay the amount of their taxes or assessments to the City Treasurer, who shall receive and give a receipt therefor, and mark the same as paid upon the proper roll. City Trea- SEC. 6. When the day designated in accordance with the prosurer to pro- cbre warrant visions of the preceding section shall have elapsed, the City Treasurer to be attached to tax rolls Contents of shall request the Mayor, or in his absence, the Itecorder, and at least warrant. two Aldermen of said city, to annex to each of the rolls for city, school, highway and sewer taxes, a warrant under their hands and the corporate seal, directed to the Collector for the ward or district in which the said rolls are to be collected, commanding him to collect all sums or assessments then remaining unpaid upon the roll, to which said warrant is annexed, of the person or persons from whom said sums or assessments are due, and if any person or persons from whom such sums or assessments are due as aforesaid, shall neglect or refuse to pay the same, or any part thereof, then that he shall levy the same by distress and sale of the goods and chattels of such per son; and further, that he shall make return of his doings under said warrant upon a day to be fixed by resolution of the Common Coun cil, which said warrant may be renewed from time to time as the said Council shall deem necessary; and the said Treasurer shall deliver I,-)(3 OF THE CITY OF DETROIT. the said rolls and warrants to the respective Collectors of the wards TITLE IT. CHAPTER 13. wherein the same are to be Collected, giving to each collector the roll to be collected in the ward of such Collector. SEc. 7. WVhenever any of said rolls are delivered, as provided in The amount unpaid on the foregoing section, the Treasurer shall charge the amount unpaid rohllsto bce chiarged to thereon, to the Collector receiving the same, and shall also take the the collectors receipt of such Collector therefor. SEC. 8. Upon receiving the said rolls, the several Collectors shall Collectorsto collect and proceed to collect the amounts appearing unpaid thereon, in the man- make returns ner provided by the charter and ordinances of said city, and shall proceed and make returns at the times and in the manner in said charter and ordinances prescribed. SEC. 9. If any of the taxes mentioned in the tax roll of any Collectorsto return taxes ward or district shall remain unpaid, and the Collector for such ward uCPnaicdlto the Council, &c. or district shall not be able to collect the same, he shall report and deliver to the-Common Council a list of the taxes so remaining due; and on making oath before the City Clerk, or in case of his absence, before any Justice of the Peace, that the sums mentioned in such list remain unpaid, and that he has not, upon diligent enquiry, been able to discover any goods or chattels belonging to or in possession of the persons charged with or liable to pay such sums, whereon he could levy the same, he shall be credited by the City Clerk with the amount thereof, but not otherwise. The Collector shall also designate in such report or list, all persons named in this roll, who are not residents of said city: Provided, The Collector may make said return to the Common Council at their meeting next ensuing the time mentioned in said warrant. SEC. 10. The following or other sufficient forms may be used in proceeding under this chapter: Vorvz of Warrant.ors. forms. STATE OF DetICrIGAN, SS City of Detroit. S TO Collector of Greeting: In the name of the people of the State of 3Iichigan, You are hereby commanded, that you collect from each person or set of persons, named in the foregoing tax roll, or of any person liable to pay the amount of money set opposite to his, her or their names respectively, and on tlke neglect or refusal of any such person to pay such 127 ORDINANCES AND BY-LAWS TITLE II. CHAPTER 13. an chtes o uh pros acrdn olw n htyuhv Notice of the Sale of Property. STATE OF MICHIGAN, Ss City of Detroit. Notice is hereby given that on the day of A. D. 18 at o'clock noon, the undersigned will sell at public auction, at the in said city, the following property, to wit: (here describe the property,) which I have distrained because A. B. hath neglected (or refused) to pay the city tax imposed on him for the year 18 7 and which is to be levied by said sale. Dated at Detroit, th's day of A. D. 18 STATE OF MICHIGAN ss. City of Detroit. s To thle Hon. the Common Council of the said City: The undersigned begs leave to submit the following list of the lands of residents and non-residents of said city, which were taxed for the year 18, according to the assessment roll of said city, to me heretofore delivered to be collected according to law, but which I have not been able to collect. Description of lands. Doll. Cots 1 ir. Cnts I I I I I .1 I a I I I I 128 Collector's Retitrn. Tax.. D6]ls. I Cent,. Valuatioii. Dol-Is. Cents. Names. OF TIHE CITY OF DETROIT. Given at the city of Detroit, this day of A. D. 18. Collector for city of Detroit. TITLE II. CHAPTER,14. STATE OF MICHIGAN, )ss. City of Detroit. , Collector of in said city, being duly sworn, saith that the several sums mentioned in the annexed list of city taxes for the year remain due and unpaid, and that he has not upon diligent enquiry, been able to find or discover in said city, any goods or chattels belonging to or in possession of the persons charged with or liable to pay the said sums of money, whereon he could levy the same; and this deponent further saith that the persons mentioned in said lists as non-residents are, as he believes, non-residents of said city. ? Collectorfor city of DetCoit. Subscribed and sworn to) this day of A. D. 18,before me. ) Clerk of said City.. CHAPTER XIV. Relative to the Sale of Lands for Taxes and Assessments. SEc. 1. When lots to be sold for taxes. SEC. 5. Treasurer to report to Council SEC. 2. Treasurer shall give notice of neglect of purchasers to pay. sale. SEC. 6. Attorney to prepare conveySEC. 3. Lots to be sold if taxes not ance. paid. SEC. 7. Treasurer to keep a record of SEC. 4. Treasurer to report sale to land sales, how lands so sold Council, when purchasers en- may be redeemed. titled to conveyances, and on SEC. 8. Forms of proceedings under what terms. this chapter. SEC. I. Whenever the City Collectors, Supervisors, Marshal or When lots to ~~~~~~~~~~~~~~~other officer of said~~~~~tbe sold lcty or assessment el for other officer of said city, authorized to collect any tax or assessmen taxes. on any lands, tenements, hereditaments or premises in said city, or on the owners or occupants thereof, shall make due return that such tax or assessment remains due and uncollected, it shall be the duty of the City Treasurer, on behalf of the Common Council, to proceed and sell such lands, tenements, hereditaments and premises in the manner hereinafter prescribed. SEC. 2. The Treasurer shall make out a list of all such lands, the Treasurer shall give names, if known, of the owners or occupants, the amount of the delin- notice of sale quent tax or assessment due thereon according to such return; and 17 129 ORDINANCES AND BY-LAWS TITLE IL. the Treasurer on behalf of the Common Council, shall cause such fist, CHAPTER 14. with a notice thereto attached, to be published four weeks successively, once in each week, in the official newspaper of said city, requiring the owners, occupants or lessees of such lands, tenements, hereditaments and premises, against whom such assessments may have been made, to pay the same; and further notifying them, that if default shall be made in any such payment, such real estate will be sold at public auction, at a day and place therein to be specified, for the lowest term of years at which any person will offer to take the same, in considera tioni of advancing the sum assessed or taxed on the same, with the costs and charges in the premises. Lots tobe SEC. 3. If, notwithstanding such notice, the owner or owners, sold if taxes not paid. occupant or occupants, lessee or lessees, or person or persons liable to pay such tax, shall neglect or refuse to pay the same with the cost and charges thereon, then the Treasurer, on behalf of the Common Council, at the place and on the day mentioned in such notice, shall commence the sale of such lands, and shall continue the same from day to day, (Sundays excepted,) until the same be sold for a term of years, for the purpose and in the manner already above expressed;, but each lot or parcel of a lot owned by any one person or set of persons against whom such assessment has been made, shall be sold, by itself. Treasurer to SEC. 4. At the close of the sale, the Treasurer shall report to the report sale to Coummon Common Council the terms for which each lot was sold the amount Council, when pr chaserpeut- bid therefor, and the name of the purchaser; and if there be no suffitled to conveyancesand cient objection, the several purchasers shall be entitled to the neceson what terms. sary conveyances of said premises, when the time of redemption fixed by law shall have fully expired, upon paying for the expense of such conveyance the further sum of fifty cents, unless such lot shall have been sooner redeemed, in which case the purchaser shall be entitled to receive the purchase money and interest. rpearsurer to SEC. 5. The purchasers at such sale shall pay the amount of their Treasrrt rportt the Countioneg- respective bids to the Treasurer within forty-eight hours afterthe lect of purchasers to sale, and if they shall neglect or refuse to pay the same within that pay. time, the Treasurer shall report the names of such persons to the Common C ouncil, who may elect to take the lots bid off by such purchaser. 130 OF THE CITY OF D)ETROJT. Sac. 6. The City Attorney shall prepare the necessary convey- TITLE II. CHAPTER 14. ance and deliver the same to the Mayor,. or in his absence, to the Attorneyto prepare conRecorder, who shall, under the corporate seal and in the corporate veyance. name, execute to the purchaser, his heirs or assigns, a declaration of sale of the land so sold, which shall be attested by the Clerk. SEC. 7. The Treasurer shall keep a correct record of all land Treasurer to keep a record sales, showing the time when the tax or assessment was levied, and of land sales, the amount therefor, the cost and charges, the time when the lands were sold, the name of the purchaser or his assignee, the term for which the same were bid off, the time when redeemed, and by whom, with such other entries as may be necessary in the premises. Any person entitled to redeem any such lot, may, within one year from the time of sale, pay the amount due thereon, including all costs and Howlands ~ ~ ~ ~ ~ ~~~~~so s.)ld may charges, to the City Treasurer, who shall give proper receipts there- beredeemed for, and shall enter a note of such redemption on said record. Whenever any premises, lands, tenements or hereditaments shall be returned hereafter for the non-payment of any tax or assessment, interest upon the same shall be charged as follows: fifteen per cent. per annumn from the date when the same shall be so returned, up to and until the date of the sale of such premises, or the payment of the amount of such tax with interest at said rate, and from and after the sale of any lands, tenements or hereditaments, interest upon the amount for which the same shall be sold, shall be computed and charged at the rate of twenty per cent. per annum, and no person shall be entitled after sale to redeem any premises sold without payment of the said interest and principal in the manner prescribed by law. SEc. 8. The following or other sufficient forms may be used in proceedings under this chapter: Notice of Tax Sale. orms STATE OF MICHIGAN, ss. City of Detroit. Notice is hereby given, that pursuant to law, there will be sold, at the Common Council Hall in the city of Detroit and State of Michigan, between the hours of and, in the forenoon of the day of, A. D. 18, at public auction, the several premises hereinafter described, each parcel separately, for the lowest term of years at which any person will offer to take the same, in consideration of advancing the sum or sums which were asssessed or taxed by the 131 O)RDINANCES AND BY-LAWS TITLE II. Common Council of said city for the year one thousand eight hundred CHAPTER 14. and, (or on the day of one thousand eight hundred and to defray the expenses of paving or planking side walks, or otherwise as the case may be, in front of or adjacent to the several premises; together with costs and charges in the premises;) unless the said sum or sums, with the costs and charges thereon shall before that time be paid and satisfied, which the owners or occupants of said premises, against whom said sum or sums have been assessed, are hereby re quired to do. [Here insert an accurate description of the several pre mises, and add to the description of each, the amount assessed, the name of the individual or individuals against whom the same is as sessed, and also the amount of the costs and charges, if any up to that time.] ....Amount Costs of Names. Description of lots. A mont I ...I. of Tax.,Assessment. I Dated at the city of Detroit, this By order of the Common Council. City Treasurer. Form of -Declaratiogz of Sale. This indenture made the day of in the year of our Lord one thousand eight hundred and 7 between the Mayor, Recorder, Aldermen and Freemen of the city of Detroit, in the State of Michigan, of the first part; and of the second part: Whereas, in pursuance of; and in conformity with, the provisions of the laws of said State, relative to the city of Detroit aforesaid, providing for the assessment and collection of taxes and assessments imposed and laid by the authority of the Common Council of the city of Detroit, the lot of land hereinafter described, was, on the day of in the year one thousand eight hundred and, duly sold for the payment * This column is unnecessary except in cases of special assessments. I I I I I I I I I 132 I A.D. 18 - day of OF TIHE CITY Ol DETJ,,0O1. a thereon by the Common Council TITLE II. CIAPTER 14. ndred and, [if it be a special -on the day of, in the tructing a sidewalk in front of, premises; or other special assesssaid party of the second part, for cents, it being the amount f on said lot, for the term of rm for which any person offered to advancing the said sum of money; art having advanced and paid said witnesseth, that the said party of and in pursuance of the sale aforethe premises, and of the said sum nced as aforesaid, by the said party of is hereby confessed, do by these and lease unto the said party of t administrators and assigns, all ituate in said city of Detroit, and ribed as, together liberties and privileges to said preIdld the said demised premises with arty of the second part, gns, for and during the full end o be completed and ended; (and re ed according to law, within one these presents will become Mayor of said city of elf of the said parties of the first my hand, and caused to be affixed seal of said city, at the city of r first above written. en and Freemen of the city of The Mayor, Receorder, Ale Detroit, By Attest: -..... - Clerk of said --, Mayor of said city. I33 ORDINANCES AND BY-LAWS CHAPTER XV. Relative to paving Sidewalks, Avenues or Streets, and constructing Crosswalcs. TITLE II. CHAPTER 1D5. SEC, 1. Sidewalks, crosswalks, and streets to be paved or planked. SEc. 2. Persons paving, &c., ill front of their premises, exempt from tax. SEc. 3. Owners may pave or plank in front of their lots. SEc. 4. How money raised for side walks. SEc. 5. Surveyor to assess expense. SEc. 6. Mode of assessment, contents of Surveyor's report. Report to be presented to the Coun cil. SEac. 7. Clerk to notify owners of lots assessed by public notice. SEc. 8. Collector to serve notice of as sessment on certain persons; contents of notice. SEac. 9. Council to examine and ap prove assessment. SEc. 10. Where plank walks may be laid. SEac. 11. How plank walks constructed. SEc. 12. Assessment for plank walks, how made. SEc. 13. Persons may construct their own walks. Sae. 14. When Council to construct walks-who liable for ex pense thereof. SEC. 15. Certain mistakes not to vitiate assessments. SEa. 16. Funds to plank streets, how raised. SEC. 17. Assessments for cross streets. SEC. 18. How assessments for paving and planking made. SEc. 19. Collection of assessments. SEC. 20. Of what material plank road to be constructed. SEC. 21. Assessment for repairing and constructing crosswalks. SEca. 22. When Council to direct con siruction of crosswalks. SEC. 23. Street Commissioners to con struct crosswalks, and war rant to issue for collecting assessments for the same. SECa. 24. When Street Commissioner to notify owners to repair,&c. SEC. 25. Expense of making assess ments to be paid by the per son assessed. SEC. 26. The Council may authorize any other person to do the duty of Street Commissioner under this chapter. SEc. 27. Penalty for injuring streets, &C. SEC. 28. Forms of proceeding under this chapter. Side walks, SEC. 1. That the side and crosswalks of all streets and avenues, cross walks and streets which are or shall be graded and all streets and avenues, shall be to be paved or planked. paved or planked with such materials as the Common Council may direct. Persons pav- SEc. 2. If the owner of any lot or premises has or shall have Ing, &c., in frontof their paved or planked the street in front of his premises to the centre premises exempted from thereof, according to the provisions of this chapter, and shall keep the same in good repair, such premises shall be exempt, and the owner thereof shall not be liable to pay any assessments for highway labor, upon his producing satisfactory evidence to the Supervisor that such person has or shall have so paved or planked such streets, or paid therefor, and shall have kept the same in good repair; and no such exemption shall be allowed to any person or persons except in the manner, and on the terms and conditions above expressed. 134 OF THE CITY OF DETROIT. SEc. 3, The owner of all lots on streets which have been graded q'ITLE IT. CHAPTER 15. and prepared for the laying down of sidewalks, under the direction Owners may inpav, or of the Common Council are hereby authorized to pave or plank in Pkaen front Iof their lots. front of their lots, under the direction of such officer or committee as the Common Council may direct. Sidewalks. SEc. 4. Whenever the Common Council of said city shall deem How money raised forside it necessary to provide funds for defraying the expenses of paving or walks. planking any sidewalks within the limits of said city, they shall do so by assessment on the owners or occupants of the lots or premises in front or adjacent to the sidewalks paved or planked, or directed so to be; and whenever it may be necessary to provide for the expense of constructing any crosswalks in said city, the assessments for the same shall be made in accordance with the provisions of this chapter, particularly relating thereto. SEc. 5. Whenever the said Common Council shall have paved or Surveyor to planked any sidewalks in said city, or shall direct the same to be epesse. paved or planked, the City Surveyor shall make an assessment on the owner or occupants of the lots or premises in front of or adjacent to said sidewalks paved or planked, or directed so to be. SEc. 6. The said City Surveyor shall, with all due diligence, Modeofasascertain from the best evidence in his power, all the necessary facts, and shall then makle out a written report or assessment roll, stating therein the names of the owners or occupants of the lots or premises in front of, or adjacent to which such sidewalks may be paved or planked, or directed so to be; describing by itself, with sufficient accuracy, each lot or portion of a lot owned by any one person or company of persons, and also the names of such owner or several owners; and when he cannot ascertain the names of any such owners or occupants, or either of them, he shall state such fact in his report, and he shall therein state who of such owners are residents of said city, and who are non-residents; and said City Surveyor shall also, in as accurate a manner as possible, ascertain, and in said report set forth the space or number of square yards or feet paved or planked, and the quantity of curbing placed, or to be placed in front of or adjacent to the lots or premises owned or occupied by any one person or set of persons, the sum of money which such person or set of per 135 ORDINANCES AND BY-LAWS TITILE I1I. sons shall be assessed at and pay for such paving or planking, and also CRAPTER 15. Contents of five cents for each description to defray the expense of making such Surveyor's report to be assessment which report the said City Surveyor shall present to said presented to the Council. Common Council. Clerkto noti- SEC. 7. The City Clerk shall then make out a notice, directed to ly owners of lots assessed the several persons in said report named and proposed to be assessed, by public noticeU. notifying them that they are about to be assessed, to defray the ex penses of paving or planking the sidewalks adjacent to certain pre mises owned or occupied by them in said city, and that a report or assessment roll made out in the premises is on file in the office of said Clerk, for inspection, and further notifying them of the time and place when the Common Council will meet and review said report or assess ment, on the request of any person conceiving himself aggrieved; which said notice shall be published in some daily newspaper printed in said city, four times during ten days. Collector to SEC. 8. In addition to the printed notice provided for in the last serve notice of assess- preceding section, the City Collector, as soon as any such assessment ment on cer- tain persons. shall have been made, shall forthwith serve or cause to be served Contents of notice. notice. upon all persons therein interested, who are residents of the city, a written or printed notice, by delivering the same to them personally, or leaving it at the party's usual place of abode or business, which said notice shall fully set forth the place where said sidewalk, paving or planking is ordered, and that said party is allowed ten days within which to construct the same; and if completed within that time to the satisfaction of the City Surveyor, that no expense of proceedings to collect the same shall be incurred by them; and upon the expira tion of said thirty days, the Collector shall make a full return to the Council of his doings, under this section, and state fully whether such notices have or have not been complied with by said parties; and if from such return it appears that said sidewalks, paving or planking have not been constructed within the ten days prescribed, by the par ties notified; then the amount of such assessment, together with all costs and charges incident to the collection thereof, shall be collected by warrant issued for that purpose by the Common Council, according to the provisions of chapter ten of these ordinances "relative to a City Collector." Council toand SEC. 9. The said Commonr Council shall at the time and place examein e and approve assessusent. in said section specified, or at some session thereafte, take said 136 OF THE CITY OF )DETROIT. assessment into consideration. and if no person appears to object to TITLE II. ' ~ ~ ~ ~ ~~~~~~~~CHAPTER 15. said report or roll, and no good cause to the contrary appears, and an affidavit of publication of the requisite notice having been made by some one acquainted with the facts, they shall, by a written resolution to be entered on their journal, declare that they approve of said report or assessment roll; that they receive as correct the description of the premises and the names of the individuals therein contained, and that the sum which said report states to be the correct one, which each individual or set of individuals should be assessed at and pay, be the assessment, and be collected from the respective persons liable, according to law; but if any sufficient cause appears, or is shown to said Common Council, they shall review said report or roll, and make such an assessment as may be just and right in the premises; and said Common Council mnay, if necessary, adjourn from one time to any reasonable time, for the purpose of finishing said review of said assessment. Plank Side Walks. SEC. 10. The Common Council may from time to time authorize When plank walks may be that good and substantial plank sidewalks shall be laid down and con- laid. structed in any street or part of a street, whether graded or not, as hereinbefore described, and under the direction of the City Surveyor. SEC. I 1. Such sidewalks shall be constructed of good pine or oak Row plank. walks conplank, which shall not be less than two inches in thickness, nor more Btructed. than twelve inches wide, on oak, cedar, or hemlock sleepers, not less than four inches square, to be placed not more than three feet apart, the plank to be nailed with nails not less than forty penny, with at least three in each end of each plank, and not less than two at any other bearing, and said walks shall be of the following width: On Jefferson and Woodward avenues, six feet; and on all other streets, three feet; Provided, however, That the Common Council may at any time direct that such sidewalk on any street or part thereof, be of more or less width than is hereinbefore described, and all crosswalks shall be constructed of oak plank, not less than two and one-half inches thick, and twelve inches wide, to be laid and fastened as in this section above prescribed for sidewalks; such crosswalks to be of such width as shall be ordered by the Common Council. 18 137 ORDINANCES AND BY-LAWS TITLE II. SEC. 12. When the Common Council shall direct the construction CHAPTER 13. Assessment of any such plank sidewalk, the City Surveyor shall proceed and for plank walks, how make an assessment therefor, showing the names of the owners or made. occupants, (residents or non-residents,) of the premises in front of which such sidewalk is required, with a description of such premises, the length and width of such walk, and the sum of money to be assessed for constructing the same; and when any such assessment shall be completed, the same shall be reported to the Common Coun cil, and such further proceedings had as are required by sections seven, eight and nine of this chapter. Persons may SEC. 13. Any parties interested shall have the privilege of conconstruct their own structing a plank sidewalk in front of their respective premises after walks. pt the same shall have been ordered by the Council, within the time and after the same manner as is hereinbefore provided in section eight, and shall be entitled to all the rights and privileges secured by said section. wneCOun- SEC. 14. Whenever an assessment has been duly levied, according .cil to con. struct walks. to the provisions of this chapter, and a return of the warrant issued Who liable for exPen"" for the collection of the same by the City Collector, under the prothereof. thcolcinoth byCletr th visions of section eight. has been made. the Common Council shall proceed to the construction of the sidewalk as ordered, and the pro perty of all persons whose assessments have not been paid shall be held liable for all costs, charges and interest incurred on their behalf in the construction of said sidewalks, and may be sold for the same7 as in the case of delinquent taxes. Certain mts- SEc. 15. Whenever by mistake or otherwise, any person may be takes not to. vitiateassess- improperly designated as the owner or occupant of any lot or premises merit. in proceedings under this chapter or any other ordinance of said city relative to taxes or assessments, the tax or assessment shall not for such cause be vitiated, but the same shall be a lien on such lot or premises, and collected as in other cases. Streets and Avenues. Funds to SEC. 16. Whenever the Common Council of said city shall deenm plank or gradeorpave it necessary to provide funds necssary for defraying the expenses of streets- how i n ,rased. grading, paving, or planking any alley, avenue or street of said city, or any portions thereof, they shall cause an assessment to be made by the City Surveyor on the owners or occupants of premises in front 138 OF THE CITY OF DETROIT. planked. SEc. 17. The said City Surveyor shall make a separate assess- Assessment for cro,s ment on the lots or premises so assessed, as aforesaid, for the grading, streets. paving or planking any cross street or avenue, in such proportions as he shall deem just and equitable, provided each block shall only be assessed to the centre of such cross street or avenue, each way. SEC. 18. The manner of making said assessments, and all other row assess ment for subsequent proceedings in the premises, shall be the same as are re- paenvgand planking quired under the provisions of sections six, seven and nine of this made. chapter, except that the notice be given by the City Clerk, under the provisions of section seven, shall notify persons to be assessed that they are about to be assessed to defray the expenses of grading, paving or planking the street or streets and alleys adjacent to certain premises owned or occupied by them, &c. SEC. 19. If the owners or occupants shall omit to grade, pave or plank said avenues or streets in front of or adjacent to their respective lots or premises, or pay their proportion of the assess- Collection of mrnent for grading., paving or planking any cross street, avenue, or assessments. alleys, so that the expenses of all grading done shall be assessed upon the property fronting the same, within such time as the Common Council may by resolution direct, then the said Common Council may issue their warrant for the collection of said assessment, and all costs and charges thereon, and on failure of the proper officer to collect the same, the said lots or premises shall be sold agreeably to the provisions of chapter eighteen of these ordinances, "Relative to the collection of special assessments." SEc. 20. Such avenues or streets. or such portions thereof as the Common Council may direct to be planked, shall be done with good sound pine, oak or hemlock plank, not less than four inches in thick- Ofwhat ma terials plank ness, nor more than ten inches in width, said planks to be spiked or roads to be constructed. pinned down solid, on timbers not less than four inches in thickness, nor eight inches in width, of the same material, and firmly imbedded in the earth, so that the lower surface of the plank shall rest on the earth as well as the bed timbers, which shall be put down not more than four feet apart, said planks to be laid crosswise in the said avenues or streets, and the ends placed firmly against the curb-stones of the side 139 ORDINANCES AND BY-LAWS TITLE I. walks, so as to leave the upper surface of the planks five inches below CHAPTER 15. the top of the curb-stones, and the corner to be filled with one-half of a stick of timber five inches square, sawed through the extreme cor ners, the back well fitted to the curb, and spiked down solid to the plank, so as to prevent the water from washing the sand from between the curb-stones and pavement. All planks to be laid according to the established grade of the avenue or street. The work to be done to the satisfaction of the Common Council, or such committee as they shall appoint to inspect the same. Cross'lalks. SEC. 21. The expense of construction and the repairs of all crosswalks over the streets and alleys of the city, hereafter to be made, and not already provided for, shall be defrayed by a rateable assesssment upon the real property of one-quarter of each of the blocks so to be connected, and being that half respectively which lies in the line of direction of the crosswalk; and said assessment shall be taken from the general assessment roll of the city for the current Assessments for repairing and constructing cross walks. year. WhenCoun- SEc. 22. Whenever a majority of the taxable inhabitants of each cil to direct construction of any two blocks to be connected, shall petition the Common Council of crosswalks y to have a crosswalk constructed to connect said blocks, the Common Council will order the construction of such crosswalk at such point or points of connection as the petitioners may designate, and of the width prayed for; and whenever a less number than such majority shall so petition, or the Commnon Council shall direct without petition, the construction of such walk shall not be ordered except upon a report thereon by the Committee on the Streets of said city. Sec. 23. As soon as a crosswalk shall be ordered, in pursuance of the foregoing provisions, the Street Commissioner shall proceed without delay to construct the same, but at a rate not exceeding the usual relative rates paid by the city for similar constructions and the City Surveyor shall report the assessment for constructing the same at the next succeeding meeting of the Common Council, for confirmation, and upon such confirmation, a warrant shall issue for the amount of said assessment, and the Street Commissioner shall proceed at once to collect the same. Street Commissioner to construct crosswalks and warran' to issue for collection of assessment for the same. 140 OF THE CITY OF D)ETROIT. Repairs. TITLE I. CHAPTER' 15. SEc. 24. All planked or paved streets, sidewalks and alleys in the city of Detroit, shall be kept in good repair by the owner or occupant of the house, lot or premises adjoining or fronting on such street, and whenever any street, sidewalk or alley within the limits of said city shall require repairing it shall be the duty of the Mayor, Recorder, Aldermen, Street Commissioner, or Marshal, or any or either of them, to notify When Street Commissionverbally, or in writing, or by a printed notice, the owner or occupant of elr to notify owners to such house, lot or other premises, adjacent to o6r fronting on such parts repair &c of said street, sidewalk or alley needing such repairs, to repair the same forthwith; and if the owner or occupant of such property refuse or neglect to repair the same for the space of two days, after being served with such notice, it shall be the duty of the Street Commissioner and Marshal, or either of them, to enter a complaint before the Mayor's Court against such owner or occupant, and on conviction before the Mayor's Court, the person so refusing or neglecting to repair such street. sidewalk or alley, shall pay a fine of twenty dollars, in the discretion of the Court and costs of prosecution for every time he shall be so convicted. On conviction before the Mayor's Court as provided in the preceding section, in addition to the fines therein provided. the Common Council may order such street, sidewalk or alley to be repaired, and the expense of so doing shall stand as an assessment against the owner of such property, and be collected accordingly. SEc. 25. All expenses for making assessments under this chapter Expense of or any other ordinance, together with the expense of printing notices, sesakingnt sto jhtl e paid by and all other charges relating to such assessments, shall be justly be person assessed. apportioned by the City Clerk to the persons liable to pay said assessments, and shall be collected at the same time. SEc. 26. The Common Council may at any time, by resolution, The Council may authorto be entered on their journal, authorize or require any person or ize a,,ly other person to do officer of the corporation of said city: to perform the same duties tStredettio.f which are hereinbefore required to be performed by the Street Corn- missioner. missioner, or other officer. SEc 27. Any person or persons who shall in any manner be guilty Penalty for iniiuring of a wanton injury to any side or crosswalk, paving or planking, streets,&c. within the limits of the city, by impairing, destroying, or removing 141 ORDINANCES AND BY-LAWS TITLE II. the same, or any part thereof, shall, on conviction thereof, in the CHAPTER 15. Mlayor's Court, be subject to a fine not exceeding fifty dollars. SEc. 28. The following or other sufficient forms shall be used in proceedings under the provisions of this chapter. NO. 1. Forms of proceeding under this chapte r. RESOLUTION.. Resolved, That a plank sidewalk, (or a brick or stone sidewalk, as the case may be,) be constructed on street in this city, between and, and that the City Surveyor make an assessment of the expense of the same, according to the ordinance in such case made and provided. No. 2. Assessment Roll for Constructing a Plank Sidewalk from to in the City of Detroit, on the year A. D. 18 Names of Names of Descrip- Width Ier,gtli Am't Csts Final T Names of Naef Final pN on- tion of o f u f f Total. Residents Resident". Ilots. walIk. walk. tax. ass't. costs Iot To the Hon. the Common Council: I herewith report to your Hon. body the foregoing report or assess ment as c( Dated a t Detroit, this day A. D. 18 City Surveyor. [Let the assessment roll be filed by the Clerk.] No. 3. Notice to Persons to be Assessed. STATE OF MICHIIGAN, ss. City of Detroit, To (here insert the names of those to whom directed, and add,) or tO any other person interested in the premises, within the limits hereafter mentioned: You are hereby notified that assessments are about to be made, upon you to defray the expenses of constructing plank sidewalks, (or paving the sidewalks, or streets, as the case may be,) in front of; or 142 OF THE CITY OF DETROIT. adjacent to certain premises or lots of land owned or occupied by you TITLE II. CHAPTER 15. respectively, on street, in the city of Detroit, State of Michigan: and also, that a report or assessment roll has been made in the premises, which is on file in the office of the Clerk of said city, where it will remain open for your inspection until the day of A. D. 18, when and where you may appear and show cause before the Common Council, in the Common Council house in said city, why the said assessment should not be made and collected according to law. By order of the Common Council, .., City Clerk. Dated at the city of Detroit, this day of A.D. 18. [After the time mentioned in the notice, and on filing affidavit thereof, let a resolution of the following form be entered on the journal:] Whereas, It appears by affidavit on file, that due notice has been given to the owners and occupants of premises fronting on street in the city of Detroit, that the Common Council would, on the day of A. D. 18, meet and review the report or assessment roll filed by the City Clerk on the day of A. D. 18, for the expense of constructing in front of said premises: And whereas, No person has appeared before the Common Council, to object to said assessment, or the confirmation thereof; (if there be any objection, say after the word "whereas"-all objections thereto have been duly considered,) therefore Resolved, That said assessment roll is hereby approved and confirmed; that the description of premises and the names of persons contained therein, are received as correct; and that the sums which the said assessment roll states to be the correct ones which each individual, or set of individuals, should be assessed at and pay, be the assessment, and be collected from the several persons liable to pay the same according to law. [Then let the Clerk endorse on the roll, the words: "'Approved and confirmed by the Common Council, this day of A. D. 18."] 143 ORDINANCES AND BY-LAWS CIIAPTER XVI. Relative to Road Tax. SEC. 1. Eight road districts established names of persons not assessed' to consist of one ward each SEC. 9. Persons to be assessed sixty -qualifications of Supervi- cents per day. sors. SEC. 10. When Supervisors may disSEc. 2. Supervisors to make a list of train for amount of tax. persons liable to work on SEC. 11. To give tell days' notice pre highway by law, shall file vious to sale of property so said list in office of Comp- distrained. troller, thereupon to prepare SEC. 12 and 13. When and how Super duplicate assessment rolls for visors shall return taxes as road tax. unpaid. SEC. 3. Said roll to be divided into SEc. 14. Supervisors subject to fine for parts-part first, residents; neglect to make such return. part second, non-residents. SEC. 15. The assessments returned to Comptroller to report said be levied on lands and tene rolls to Council. ments on which they are SEC. 4. A roll for each district to re- assessed. main in Clerk's office ten SEC. 16. To deposit amount of tax days for inspection. What collected once in two weeks. parties aggrieved may do. SEC. 17. To render all account to audiSEc. 5. Clerk shall present rolls to tor once a year, what to Mayor and at least two contain. Aldermen, who shall annex SEC. 18S. General duties of Supervisors. a warrant thereto. SEC. 19. Pay of Supervisors. SEC. 6. Duplicate and warrant annexed SEac. 20. Treasurer to inform Auditor deposited with Auditor, and of amount deposited by each by him delivered to Super- Supervisor. How amount visors. Supervisors charged deposited to be drawn from with amount of tax. Treasury. SEC. 7. Supervisors to demand pay- SEC. 21. Penalty for Supervisor refusing menrit of tax; notice to non- to perform duty. residents, how given. SEC. 22. Fees in certain cases. SEC. 8. Supervisors to add to rolls SEC. 23. Foims. Eight road districts es- SECTION 1. The city of Detroit shall continue as at present, to be tablished. to consist ofone divided into eight road districts, each district being composed of and ward each. Qualiftca- o tiq aof aSu- comprehending one of the wards of said city, and each of said districts pervisors. pervisors. shall be numbered in accordance with the number of the ward com posing the same respectively. At each charter election a Supervisor shall be elected by and for each district, who at the time of his elec tion shall be a freeholder and a resident of the ward composing the district for which he is elected, who shall hold his office for the term of one year, and until his successor is duly elected and qualified. Supervisors to make a list ot persons SEC. 2. It shall be the duty of said Supervisors respectively, liable to work-,nlhigh- between the first Monday in April and the first Monday in May in way by law — shall file said list in office each year, to make or cause to be made, a list of all free male persons of ComptToler, and there- in the district for which he is elected, who are liable,by the laws of this upon to precate asses- State, to work on the highways, and file the same, together with an ment rolls for road tax. affidavit that it is correctly made out, according to the best of his 144 TITLE IT. CHAPTF,R 16. OF THE CITY OF DETROIT. knowledge and ability, in the office of the City Comptroller, who upon TITLE II. CHAPTERa 16. receiving said list, shall forthwith, from said list and from the assess ment roll of the city for the same year, prepare duplicate assessment rolls for road tax or highway labor on all property in each of said districts, in the manner hereinafter prescribed. SEC. 3. Each of said rolls shall be divided into two parts; the Said rolls to Ciybe divided first part shall embrace all assessments upon residents of said city bedivpartsd part 1st re,i having property subject to be taxed, and shall contain in one column dents, part2d non-residents in alphabetical order, the name of each person liable to the payment of a road tax in the district within the same year; one column for the description of the real estate; one column for the valuation thereof; one column for the number of days' work assessed thereon; one column for the amount of personal property; one column for the number of days' work assessed thereon; one column for the day's work as a poll tax, ascording to the laws of this State; one column showing the total number of days' work for which each person is taxed; and one column showing the amount in dollars and cents. The second part of said roll shall embrace the assessments on the real estate of non-residents of said city, having property situate in the district; and shall contain in one column the names of non-residents: if known; one column showing the description of the property; one column showing the valuation thereof; one column showing the number of days' work taxed to such non-resident; and one column showing the Comptroller amount in dollars and cents; and when said rolls are prepared, the toreport said City Comptroller shall report the same to the Common Council. cas SEC. 4. One roll for each district shall remain in the Clerk's office A roll for ifc each district open to the inspection and examination of all persons interested, and if to rEiemain in Clerk's office any person or persons consider himself or themselves aggrieved thereby, one day for inspection. he or they may, within ten days after depositing of said rolls, appeal what parties aggrieved to the Common Council to alter or remit any part thereof, by filing may do. with said Clerk a notice of his intention, and his reasons for so doing. SEC. 5. It shall be the duty of the Clerk to present the other Clerk shall elerktsroll duplicate assessment rolls to the Mayor, or in his absence, to the resent rollat least two AlRecorder, and at least two Aldermen of said city, who shall annex dermen, who shall annex a their warrant thereto, under their hands and the seal of said city, wharant thereto. directed to the Supervisor of the proper district and commanding biml to require Be several persons therein named to pay the amount i9 145 ORDINANCES AND BY-LAWS TITLE II. of tax set opposite their names respectively, according to law; and CIIAPTER 16. in default thereof, then that he shall levy the same on the goods and chattels of such persons, and that the Supervisor make a return of his doings to the Common Council, as hereinafter required. Duplicate SEC. 6. Said duplicate, with the warrant annexed, shall be by the and warrant annexed de- Clerk deposited with the City Auditor, who shall deliver the same to posited with orptrtoller the proper Supervisors, and who shall open an account with and and by him delivered to charge each Supervisor with the amount of tax contained in his roll. Supervisors Supervisors charged with chamouith of SEC. 7. Upon receipt of said duplicate with the warrant annexed, tax. Supervisors it shall be the duty of each of said Supervisors to call upon each to demand ayment of person resident in said city, whose name appears upon his roll, and de x,a and notice to nonresidents,- mand the amount of his assessment or commutation, and also upon the how given. agent, (if resident in said city,) of any non-resident, whose lands or pro perty is assessed in his district, and make like demand: Provided, That if the Supervisor cannot ascertain that any such non-resident has an agent in said city, he shall affix a written notice on the outer door of the City Hall of said city, and and also insert a notice in the official paper, containing a list of the names of such non-residents, when known, and a description of the lots assessed to them, together with the number of days' labor assessed upon each lot, and the amount of commutation money therefor. Supervisors SEC. 8. The names of all persons left out of said rolls, and of to add to rolls names ofper- new inhabitants of either of said districts, who have not been persons not assessed. sonally assessed for the same year, and who are liable to pay road tax, shall be added to the assessment roll by the Supervisor of the proper district, subject to an appeal to the Common Council within ten days after notice. Persons to be SEC. 9. Hereafter the number of days for which any person or assessed sixty cents property shall he assessed for highway labor, shall be charged at the per day. rate of sixty cents for each day, and the same shall be collected and paid in money, and not in labor or otherwise. When Sper- SEC. 10 In case any person shall neglect or refuse to pay the When Supervisors may distrain for amount of the said road tax, three days after the demand made upon amount of tax. him or his agent by the Supervisor; or in case of nton-residents who have no resident agent, for twenty days after said notice has been given, the said Supervisor shall levy the same by distress and sale of the goods and chattels of the person or persons so neglecting or re 146 OF THE CITY OF DETROIT. fusing, wherever the same may be found in the said city; and if the TITLE II. CHAPTER 16. Supervisor shall be unable to find any goods and chattels whereon to levy and satisfy said assessment, then the person liable therefor may be sued, and the amount recovered in the corporate name of said city, in the Mayor's Court, in the same manner as in other cases of debts due to the corporation. SEC. 11. Whenever any property shall be levied upon as provided To give ten days notice in section ten, the Supervisor shall give at least ten days previous previous to sale of pronotice of the sale thereof, by posting up a written or printed notice perty destinof the time and place of sale, and the property to be sold, in at least three public places in said city, and the sale shall be by public auction. SEC. 12. Whenever either of the Supervisors shall not be able to When and how Supercollect the amount of highway labor assessed on the lands and tene- visors shall return taxes ments of any person residing in said city, such Supervisor shall as unpaid. return the same as directed in the following section. SEC. 13. Each of said Supervisors shall, on or before the first Tuesday in September in each year, make out and deliver to the Common Council, if then in session, but if not, then at their next ensuing session, a list of all the lands of residents, non-residents, and persons unknown, who were taxed on his roll, on which the labor assessed has not been paid, and the amount of labor unpaid; and the said Supervisor, previous to delivering such list, shall make out and subscribe an affidavit thereon, before the City Clerk, or other person authorized to administer oaths, stating therein that he has given the notice required in the ordinance, that he has not, upon diligent enquiry and attention thereto, been able to find any person or persons who would pay, or of whom he could collect the amount of said highway tax or taxes, or any goods or chattels of the person liable to pay the same, on which he could lawfully levy and sell for said highway labor; that the account thereof is just and true, as contained in said list, and that the said tax remains unpaid. SEC. 14. If either of said Supervisors shall refuse or neglect to Supervisors subject to deliver such list, or make such affidavit thereon, he shall, for every fiune for neg lect to make such offence, forfeit the sum of five dollars, and also the amount of return. taxes for labor remaining unpaid, at the rate of seventy-five cents for each day's labor: Provided, however, The Common Council may authorize such Supervisor to make such return and affidavit at any 147 ORDINANCES AND BY-LAWS TITLE II. time after the said first Tuesday of September: Provided, also, CHAPTER 16. That if any of the duties required by this chapter to be performed on a certain day be not performed, the Common Council shall have power to appoint another day for performance of any such duties. The assess- SEC. 15. The amount of such assessment returned unpaid, shall ment returned to be be levied on the lands and tenements so returned, and collected in the levied on lands and tenementson same manner and at the same time that lands and tenements are which they are assessed. sold for the non-payminent of city taxes, unless the Common Council otherwise direct. Todeposit SEC. 16. Each of said Supervisors shall, once in each two weeks, the amount of tax collefcted once pay to the City Treasurer all money by him collected on account of intwo weeks road tax; and the Treasurer shall give him a receipt therefor, and credit the road fund with the amount paid in. To render an SEC. 17. Each of said Supervisors shall, on the first day of account to Comptroller October in each year, render to the said Auditor and account in once ayear, acnd hat to writing, verified by his oath, and containingconta~in. 1. The number of days' work contained in his assessment roll, and the amount of the tax in dollars and cents. 2. The names of all persons added by him to the assessment roll, and the number of days and the amount of their assessment. 3. The names of all who have paid their assessment, and the amount paid by each. 4. The names of those from whom he has been unable to collect, and the amounts. 5. The amount of money drawn from the Treasury, and expended on the highway; how, and to whom paid, &c. 6. The number of days said Supervisor shall have actually been engaged in working, or superintending work on the highways of his district, and the amount of his compensation: Provided, The Common Council may, at any time, require the said Supervisors, and each of them, to report their doings under this or any other ordinance respecting them. General duty SEC. 18. It shall be the duty of the Supervisors to examine into of Supervisors. the condition of the streets, lanes and alleys, in their several districts and to report upon the same to the Street Commissioner whenever any repairs or improvements are necessary; and to superintend and direct, under the control of said Street Commissioner, all things in 148 OF THE CITY OF DETROIT. any manner pertaining to the making and improving of the highways TITLE It. CHAPTER 16. in his district, according to the best of his ability. It shall also be the duty of the Supervisor of each district to keep a book, in which he shall record the name of every person in his employ on the high way of his district, and the number of days which each person so em ployed shall actually work, together with the number of days which such Supervisor may actually work; and it shall be the duty of the Supervisor of each district in the city to report to the Street Commissioner on the last Saturday of every two weeks, in each month, the names of all persons who have actually worked in his employ on the highway of his district; and also the number of days which such Supervisor shall have so actually worked, together with the number of days each person, shall have worked on the highway of the district to which such Supervisor shall belong. SEC. 19. Each Supervisor shall be allowed the sum of one dollar Payof Superand fifty cents for each day he shall actually be employed, and work visors. on the highways of his district, and also five per cent. on all moneys collected by him, which shall be in full for all services: Provided, The time occupied in collections shall not be computed in the time for which he is allowed a per diem. SEC. 20. It shall be the duty of the Treasurer, from week to Treasurer to week, to keep the Comptroller informed of the amount collected and inform Comp troller of amount deposited on account of each district, and the same shall be drawn out depostedt by each Superin the manner following. Whenever it shall appear to the Aldermen visor or how amount de posited to be of the ward that any repairs or other improvements are necessary in drawEn from the district composing their ward, they shall so represent to the the Treasury. Common (Council, specifying the repairs and amount of expenditure necessary; whereupon, the Council shall, if right, order the allowance of so much money from the amount collected by such district, which shall be certified by the Clerk to the Comptroller, the same as other claims allowed. The Comptroller upon receiving the certificate, shall draw a warrant for the amount, as in other cases: Provided, That it shall be the duty of the Comptroller, before drawing his warrant, to ascertain that there are funds collected in such district, on deposit, to meet it, so that the money collected in each district may be reserved exclusively for, and expended therein, and not in any other. SEC. 21. If any Supervisor shall neglect or refuse to perform the duties enjoined by this chapter, or shall wilfully permit or suffer the 149 ORDINANCES AND BY-LAWS TITLE ITI. roads, streets or alleys in his district, to remain without the necessary C(fAPTER 16. Penalty for repairs, or shall neglect or refuse to expend moneys in the manner Supervisors refusi,g to hereinbefore prescribed, or do any act contrary to the provisions of perform duty this chapter, he shall for every such offence, when no penalty is pre scribed, forfeit and pay a sum not exceeding one hundred dollars and costs of prosecution. Fees Incer- SEC. 22. Whenever the Supervisor shall levy and sell personal tain cases. property by virtue of this chapter, he shall be entitled to the same fees as may be allowed the City Marshal for similar services. Sec. 23. The following or other sufficient forms may be used in proceedings under this chapter. Forms. Assessment roll for highway labor in district No. in the city of Detroit, in the State of Michigan, for the year A. D. 18 Nes. IDescription Va]luation INo. of |Valuation of I. Total Total mount. of lots. of lots. I days. personal Ndao. of Poll Tax. No. -. I ] property. ays. of days Dollars. I Cts. To the Hon. the Commnon Council: The Committee on Streets for District No. of this city, report the foregoing assessment as correct. Dated at Detroit, this day of A. D. 18 Committee on Streets, District No. For2n of Warrant. STATE Or M ICHIGAN,S City of Detroit. To Supervisor of District No. of said city: In the name of the people of the State of Michigan, you are hereby commanded to require the several persons named in the foregoing assessment roll to pay the amount of commutation money for road tax set opposite their respective names, according to law; and you are hereby authorized and required in case any' such person shall neglect or refuse to pay his, her or their tax, to levy the same by distress and sale of the goods and chattels of such person; and you .1 I DI I 11 I .1 150 OF THlE CITY OF DETROIT. are further commanded that on or before the first Tuesday of Sep- TIATLTE II. CHTAPTE,R 16. tember next ensuing, you make a true return to the Commion Council of said city, of all lands on which the taxes have not been paid; and, also, that on or before the first day of October next, you make a final return to said Common Council of your doings in the premises, as required by law. In testimony whereof, we have hereunto set our hands [L. s.] and caused the seal of said city to be affixed, at the city of Detroit aforesaid, this day of A.D. 18. Mayor. Aldermen of said city. Notice of Sale of Property. STATE OF MICHIGAN, s City of Detroit. Notice is hereby given, that on the day of A. D. 18 at o'clock in the noon, the undersigned will sell at public auction, at the in said city, the following property, to wit: (Here describe the property,) which I have distrained, because N. B, hath refused (or neglected) to pay the highway tax imposed on him for the year, and which is to be levied by said sale. Supervisor of District No. of said city. Dated at the city of Detroit, this day of Notice to Non-Residents. STATE OF MAIICHIGAN, ss. City of Detroit. The undersigned, Supervisors of Road District No. of said city, cannot ascertain that the non-resident land holders, whose lands hereinafter described, as assessed for highway labor for the year year 18, have any agent within said city: Notice is therefore hereby given, that the number of day's labor set opposite to the description of each of the following lots, has been assessed thereon, to wit: 151 ORDINANCES A'ND BY-LAWS TITLE II. CHAPTER 16. Names of non residents. Description No. of day's labor of lots. aseess ed. I Given at the city of Detroit aforesaid, this 18 Supervisor of District No. in said city. Return of Delinquent Taxes. STATE OF MICHIGAN, SS City of Detroit. 5 To the Hon. the Comnmon Couucil of said city: The following is a list of all the lands of residents and non-residents, which were taxed on the roll of the undersigned, Supervisor of Road District No. in said City, on which lands the tax assessed for the year has not been paid, to wit: Names. Description of Lots Valuation. No. of days. Amount. I ~~~~~~~~~~~~~~~~~~~~~~~~~I Made at the city of Detroit aforesaid, this 18. Supervisor of District No. in said city. (This list to be delivered on or before the first Tuesday of September, to the Common Council, and previous to such delivery, the Supervisor must make or subscribe before the City Clerk, or some Justice of the Peace, an affidavit whereof the following is a form:) STATE or MICHIGAN, ss. City of Detroit. A. B., Supervisor of Poa,d District No. of said city, being duly sworn, saith: That the foregoing return contains the description I I I 152 I i Dollars. I Cent. day of A. D. day of A. D. OF THE CITY OF DETROIT. of all lands which were taxed on the assessment roll of District No. TITLE II. CHAPTER 16. in said city, for the year A. D. That he has given the notice required by the ordinance of said city, entitled "relative to road taxes;" that he has not, upon diligent inquiry and attention thereto, been able to find any person or persons who would pay, or of whom he could collect the amount of said highway tax, mentioned in the annexed list as unpaid, or any goods or chattels of the person liable to pay the same, in said city, whereon he could lawfully levy and sell for the assessment of said highway tax; that the account thereof as contained in said annexed list, is just and true, and that the said tax remains unpaid as set forth in said list. Supervisor of Road District No. in said city. Subscribed and sworn to) this day of A. D. 18, before me. ) Supervisor's General Return. STATE OF MICHIGAN. s City of Detroit. SS. To the Hon. the Conmon Council of said city: The undersigned, Supervisor of Road District No. of said city, begs leave to submit to your honorable body a final statement and account of the highway labor assessed.in said district the present year. Names of persons. No. of Days. Commuted. Collected. Not Collected. - I. l l~~~~~~~~~~~~~~~~ Dated at the city of Detroit, this day of A. D. 18 Supervisor of District No. in said city. Let those added to the list be marked (A.) and those sued be marked (S.) Let an affidavit that the statement and account is true and correct in all its parti6clars be attached, 153 ORDINANCES AND BY-LAWS TITLE II. CHAPTER XVII. CHAPTER 17. CRelative to Assessment Districts. SEC. I. Assessment Districts, how many of them. Assessment SEC. 1. That for the purposes of assessments the city of Detroit districts, how many of be and the same is hereby divided into three assessment districts, them. numbered respectively one, two and three. Assessment district number one shall comprise and consist of the first, second and eighth wards of said city; assessment district number two of the third, fourth and seventh wards of said city; and assessment district number three of the fifth and sixth wards of said city. CHAPTER XVIII. Relative to the manner of obtaining possession of Lots sold for Taxes SEc. 1. Possession of lots under tax Mayor's Court. title how obtained. SEc. 3. Proceedings to obtain posses SEc. 2. Person refusing to deliver pos- sionr of lots leased by the session may be cited before city. Possession of SEC. 1. Whenever the title of any person shall become absolute lots under tax title, by virtue of the sale or lease of any lot or parcel of land in said city, how obtained in pursuance of the second section of an act, entitled "An act to amend the several acts relative to the city of Detroit," approved April 22, 1833, such person, his legal representative or attorneys shall make demand in writing of the person in possession, and notify him that he claims possession of such lot, by virtue of a sale or lease under said section. Perons r SEC. 2. If the person in possession shall neglect or refuse for the fusing to deliver possess- space of six days after such demand, to give up possession of such lot, ion may be cited before then the person claiming the same may present a petition to the lvlayor's Court. Mayor's Court of said city, verified by his own oath, or by some person for him, setting forth his right to such possession, and praying that a citation may issue, directed to the person in possession; upon filing such petition, the Court may order that a citation issue accord ingly, which shall be issued, and be returnable in the same manner as a summons. Provided, The petitioner enter into a bond to the Mayor, Recorder, Aldermen and Freemen of the city of Detroit, with such sureties as the Court shall direct, conditioned to pay all costs that may accrue in such proceedings. Proceedings SEC. 3. If the defendant appears, he may plead the general issue, to obtain poslsetsioln asoefdby and give notice of any special matter which he intends to give in lothe city. leased byce the city. evidence, 154 OF THE CITY OF DETROIT. Forcible Entry and Detainer. TITLE III. CHAPTEPR 19. Whenever, according to the laws of the State, relative to forcible entry and detainer, the corporation of said city are entitled to the possession of any lands and tenements, the same proceedings shall be had in such case in the Mayor's Court of said city, so far as the same apply, as are authorized before Justices of the Peace: Provided, That in all cases the Marshal of said city shall give notice in writing to the persons in possession to quit the same, and in default thereof, for the space of six days thereafter, the Marshal shall make report thereof to the City Attorney. TITLE THREE. OF STREETS AND ALLEYS. (CHAPTER XIX. Relative to the use of Streets and Alleys. SEC. 11. Excavations, when made; how protected; penalty. SEc. 12. Streets and alleys not to be used for labor, &c. SEC. 13. No obstructions to be left in the streets at night. SEC. 14. Rate of driving. SEC. 15. Cattle. SEC. 16. Stud horses; penalty for dis playing. SEC. 17. Flying kites prohibited. SEC. 18. Earth not to be removed from streets. SEC. 19. Parents and employers liable for certain offences. SEC. 20. Marshal and Constables to ar rest under this chapter. SEC. 21. Not lawful to occupy streets with shanties, &c. SEC.22. Vehicles not to block side walks. SEc. 23. No nuisance permitted in the streets. SEc. 1. No vehicle to be tkept in the str eet. SEc. 2. No horses to b e k e pt in the street; carts to have lock chains. SEC. 3. Certain obstructions unlawful. Penalty for. SEC. 4. Obstructions occasioned by building; penalty for. SEC. 5. Building materials to be remo ved when building is finish ed; penalty for not remov ing. SEC. 6. How drains, water-pipes, &c., laid; penalty. SEC. 7. Damages occasioned by exca vations to be repaired. SEC. 8. Owner or occupant to clean gutters. SEC. 9. Rubbish, &c., not to be thrown into gutters, and no drain shall lead into streets or al leys. SEc. 10. Nuisance not to be placed in streets. SEC. 1. No person shall leave any wagon, cart, carriage, sleigh or No vehicle to any vehicle, standing or remaining in any of the public streets of said bhe kIept int the streets. city, the same not being in use at the time, under a penalty not exceeding ten dollars and costs for every offence. 155 ORDINANCOES AND BY-LAWS TITLE II. SEC. 2. No person shall leave any horse or horses in any of the CHAPTER 19. No horses to public streets of said city, without being sufficiently tied; nor shall be kept in the strteets; any person be permitted to use a cart within the limits of said city, carts to have lock chains. unless such cart is provided with a chain to lock the wheel; any per son offending against either of these provisions shall be subject to pay a fine not exceeding five dollars and costs, for every offence. Certain ob- SEC. 3. No person shall place or cause to be placed any stone, timstructions unlawful. ber, lumber, planks, boards or other materials in or upon any of the public streets, lanes or alleys of said city, unless for the purpose of building; and then only for a period of time not exceeding four months, without leave had of the Mayor or Common Council; any person offending against either of these provisions, shall, for every Penalty for. offence, be subject to pay a penalty not exceeding fifty dollars and costs. Obstructions SEc. 4. No person so building shall obstruct the gutters or more occasioned by buildings. than one-half of the sidewalk, and one-quarter of the carriage way of said street opposite the lot owned by such person, under a penalty not Penalty for. exceeding twenty-five dollars, and a further penalty not exceeding five dollars for every forty-eight hours that any such sidewalk, gutter or street shall afterwards remain obstructed. Building ma- SEC. 5. After the completion of any building, but within the period terials to be removed when build- of four-months aforesaid, (unless otherwise permitted by the Mayor or ing is finish ed. Common Council,) all building materials and rubbish arising there from, shall be removed from the street; and any person offending in Penalty for the premises, shall be liable to pay a penalty not exceeding five dolnot removing lars for every forty-eight hours such materials or rubbish shall be or remain in such street after the time limited a2oresaid and costs. How drains, SEC. 6. It shall not be lawful for any person to make or construct water pipes, &c., laid,, penalty. any drain or sewer, or lay down any water pipes in any of the public streets of said city, within at least four feet of the curb stone of the sidewalks, unless it shall be the side drain, sewer or water-pipe, lead ing to or from the building or lot for which it is designed; any per son offending against this provision shall be liable to be fined a sum not exceeding twenty dollars and costs. Dasmages cby SEC. 7. Whenever it shall be necessary for any person, with a casioned by excavations to be re- view to construct or make any such drain or sewer, or lay down any paired. water pipes, or for any other purpose whatsoever, to tear up any pave 156 OF THE CITY OF DETROIT. rent, side or crosswalk, or to dig any hole, ditch or drain, in any of TITLE III. J ~ ~ ~ ~ ~ ~ ~~~~~~~~~~CHAPTER. 19. the public streets of said city, it shall be the duty of such person, as speedily as practicable, to repair and put all such pavements, side or crosswalks, and streets in as good order and condition as the same were in previously; to pound down the earth so as to make it firm and solid; and as often as the earth shall settle to repair the same; but it shall not be lawful for any person or persons (except the Board of Water Commissioners, by consent of the Committee on Streets and Sewers,) within the limits of said city to excavate, dig or take up any pavement or paved street, side or crosswalk, or to dig any hole, ditch or drain upon any of the public pavements or paved streets, or for any other purpose whatsoever in said city, without having obtained the written consent of the Street Commissioner, upon written application to said Street Commissioner. signed by the person or persons making application for the same; any person offending against any of the provisions of this section shall be subject to pay a penalty for every offence not exceeding twenty dollars and costs. SEc. 8. It shall be the duty of every owner or occupant of any Owner, or oc cpants to house or other building or premises, in the city of IDetroit, at all times clear gutters. to keep the drain or gutter in front of the same clear and free from any obstruction that may hinder the free passage of water; any person offending in the premises, shall be liable to pay a fine not exceeding ten dollars for every offence, and costs. SEC. 9. No person shall cast or throw, or cause to be thrown into Rubbish, &c., not to be any of the drains, sewers or gutters within said city, any straw, shav- throw into gutters, and ings, wood, stones, rubbish, or any filth or other substance, or cause no drainsA s~hall lead ,,to streets any obstruction, nuisance or injury in or to the same, by diverting or anad alliestS stopping the water course thereof, or otherwise, under a penalty not exceeding ten dollars and costs for every offence; nor shall any person drain, or permit to be drained, from any lot or cellar owned or occupied by him or her, within the limits of this city, into, or on the surface of any streets or alleys of said city, thie water from his or her lot or cellar, under a penalty not exceeding one hundred dollars and costs of prosecution. SEc. 10. No person shall throw, place or deposit, or suffer his or Nuisances p ~~~~~~~not to be her servant, child or family, to throw, place or deposit any dung, dead ptlraecti-, animal, carrion, putrid meat or fish, entrails or decayed vegetables, or 157 ORDINANCES AND BY-LAWS TITLE III. nuisance of any kind, nor shall he knowingly suffer the same to recHAPTER 19. main in any street or lane of said city, and any person who shall vio late any of the prohibitions of this section, shall forfeit and pay a fine not to exceed five dollars for each offence, and costs of prosecution. The finding of any of the articles named in this section, in front or rear, or side of any lot, shall be prima facie evidence that the same were placed there by the occupant or occupants of said lot; and the burden of proof shall rest on the defendant. SEc. 11. No person shall hereafter be permitted to make any excavation in any of the streets or alleys of this city, for any purpose whatever, between the fifteenth day of October and the fifteenth day of April thereafter, unless by special leave of the Common Council; and no excavation in any of the streets or alleys of the city shall be made at any time, unless the person or persons making the same, or causing the same to be made, shall erect a suitable guard or fence about such excavation, and shall, during the night time, cause lights to be attached and maintained to and upon such guard or fence, proper and sufficient to warn all persons passing by or near the same, or approaching the same, of the existence of such obstruction or excavavation. Any person or persons violating the provisions of this section, shall forfeit a sum of not exceeding one hundred dollars and costs of prosecution, to be recovered in the Mayor's Court, and shall also be liable for damages to any person or persons injured in the premises, in their person or property. Excavations when madehow protected. Penalty. Streets and SEC. 12. It shall not be lawful for any carpenter, stone mason or alleys not to be used for labor. other person, to use or occupy any street, lane or alley in the said city, for the purpose of framing timber, or for cutting, sawing or dropping stone, unless by permission of the Common Council of said city, and all persons offending against the provisions of this section, on convic tion thereof before the Mayor's Court, shall pay a fine not exceeding Penalty. y twenty-five dollars for every such offence. SEC. 13. It shall not be lawful for any person to leave any cart or carriage or sleigh, wood, timber, or any other incumbrance or obstruction, in any of the lanes or alleys of the said city, during the night season, and any person offending herein, on conviction before the Mayor's Court, shall pay a fine not exceeding twenty dollars, and it shall be the duty of the Marshal to remove all such obstructions. No obstructions to be left in the streets at night. 158 OF THE CITY OF DETROIT. SEc. 14. No person or persons shall run or race any horse or TITrLE III. CHAPTER 19. horses, or drive any carriage or vehicle of any kind within the limits nRte of of the city of Detroit, at a faster rate than six miles per hour, under driving. a penalty for each offence not exceeding ten dollars and costs. SEc. 15. It shall not be lawful for any person to drive, herd togeth- Cattle. er, or detain in any of the streets, lanes or alleys of this city, any cattle, horses, sheep, hogs, or goats, for any purpose whatever, under a penalty for each offence, not exceeding twenty dollars and costs: Provided, That this section shall not extend to sales at auction, under the laws of this State. SEC. 16. No person shall display and detain for public exhibition, Stud horses, penalty for in any of the said streets, lanes or alleys, any stud horse, under a pe- displaying. nalty for each offence not exceeding twenty dollars and costs. SEC. 17. No person or persons shall raise or fly any kite in any Flying kites of the streets or alleys aforesaid, or within the limits of the said city, prohibited. under a penalty for every offence not exceeding twenty dollars and costs of prosecution. SEC. 18. No person or persons shall, unless authorized specially Earth not to by the Common Council, dig, remove or carry away any earth, loam, be removed ;from streets. sand, gravel or sod, from any of the public grounds within the limits of the city of Detroit, under a penalty for each offence not exceeding fifty dollars with costs of prosecution. SEC. 19. In all cases where any hired servant, apprentice or minor Parents and shall be guilty of any breach of the foregoing sections, the master, employees liable for cer. mistress, employer, parent or guardian of such person so guilty, shall Vain offences be responsible for the aforesaid penalty. SEC. 20. That the Marshal and all the Constables of this city are Marshal and aonstables to required and directed to notice all infringements of this chapter, and crrest ublndert this chapter. forthwith to arrest and bring before any member of the Common Council all persons guilty of any breach thereof, who shall thereupon give sufficient bail for their appearance at the ensuing term of the MIayor's Court, or on default thereof, to be committed to custody until the holding of said court. SEC. 21. It shall not be lawful for any person or persons to occu- Notlawfulto the py any portion or part of the public streets or sidewalks with any tent, strceueptsy with shantees &c. shantee, shop, table or building, wagon or cart, wheelbarrows and horses, for the retail sale of any liquors, groceries, cakes, pies or merchandise. And any person offending against the provisions of this 159 ORDINANCES AND BY-LAWS TITLE III. section shall on conviction be fined in a sum not exceeding five dolCHAPTER 20. - lars and costs of prosecution; and it shall be the duty of the Marshal to remove such tent, shantee, shop, table, or building, cart or wagon as a public nuisance: Provided, Nothing in this section contained, shall be construed to interfere with the ordinances relative to mar kets, or bakers supplying their regular customers. Vehicles not SEC. 22. It shall not be lawful for any person to have or keep for to block side walks. an unreasonable time, any cart, wagon, dray or other vehicle, on any of the crosswalks in any street or alley of said city, under a penalty for each offence not exceeding fifty dollars and costs of prosecution. No nuisance SEc. 23. No person shall knowingly permit or suffer his property permitted in the streets. to be and remain in any street or alley of said city, so as to become a nuisance, under a penalty for each offence not exceeding fifty dollars and costs of prosecution, together with the expense of removing such nuisance. CHAPTER XX. Relative to Cleaning Streets. SEc. 1. Committee on Streets and City I SEc. 2. Such persons to furnish secu Comptroller authorized to rity. contract with suitable per son to clean streets. Committee SEC. 1. The Committee on Streets and the City Comptroller are on streets and City hereby authorized to contract with the lowest bidder, who shall proComptroller authorized to contract with pose to clean such portions of the paved or planked streets, squares suitable persons to clean or alleys as the corporation are liable to clean. streets. I Such persons SEC. 2. The said lowest bidder or person contracting with the to furnish security. corporation as aforesaid, shall furnish satisfactory security for the performance of such contract, provided notice shall be published for one week, in the city paper, previous to receiving proposals for said work. 160 OF THE CITY OF DETROIT. CHAPTER XXI. TITLE III. CHAPTER 21. Relative to Sidewallks. CHAPTER 21. SEc. 1. Dimensions of sidewalks. SEC. 6. Horses to be kept off walks. SEC.. No obstructions to be placed on SEC. 7. Sidewalks and gutters to be sidewalks —penalty for so cleaned. doing. SEC. 8. Mayor to appoint persons to SEc. 3. Marshal to require persons to clean streets. remove obstructions. SEC. 9. To be cleaned at expense of SEC. 4. When Marshal shall remove occupant or owner. obstructions. SEC. 10. Snow to be removed from SEC. 5. Awning posts permitted. walks. SEc. 1. That the following be established as the width of all Dimensions sidewalks within the limits of the city of Detroit: Upon streets of of sidewalks. one hundred and twenty feet and upwards in width, the sidewalks on each side of the street shall be of the width of twenty feet throughout, excepting Washington Avenue, which shall be fifty feet; and also excepting that portion of Jefferson Avenue, which lies between Beau bien street and the eastern line of the said c;.ty, which shall have on each side of said portion of said avenue, a sidewalk twenty-five feet wide on streets of one hundred feet, the sidewalks shall be seventeen feet; on streets of eighty or ninety feet wide, the sidewalks shall be fifteen feet wide; on streets of seventy or seventy-two feet, the side walks shall be fifteen feet; on streets of sixty feet, the sidewalks shall be ten feet; on streets of fifty feet, the sidewalks shall be nine feet and on streets of forty feet, the sidewalks shall be eight feet. SEC. 2. No person or persons shall place or cause to be placed No obstruc upon any of the sidewalks of this city, any box, barrel. article of tipacSedtupon 'side walks merchandize, or other obstructions whatsoever, except so far as the penlty for so doing. same be necessary and unavoidable in transporting such articles across the sidewalk; nor shall any person be allowed to place or cause to be placed on any stone pavement or flagging within the limits of said city, (except for the purpose of transporting the same across said walk,) any barrels, kegs or boxes of salt, or of any other substance or material, by which said pavement or flagging may in any wise be injured, defaced or destroyed, under a penalty of twenty dollars for each offence. SEc. 3. It shall be the duty of the Marshal, upon knowledge or Marshalto require perinformation that any of the sidewalks of the city are in any manner oqns tore move obstructed or incumbered, to require the occupant or occupants, obstructions. owner or owners, of the lot or premises in front of which such incumbrance exists, to remove it; every such occupant or owner neglecting 21 161 ORDINANCES AND BYoLAWS TITLE IIT. for the space of twenty-four hours to comply with such requisition, CHAPTER 2t. and every person wilfully offending against this section shall, on con viction thereof, be punished by fine not exceeding twenty-five dollars and costs. When Mar- SEc. 4. It shall be the duty of the Marshal to remove all obshal shall remtruvctios. structions from the sidewalks in front of unoccupied lots or premises. Awning SEC. 5. The restrictions above written shall not extend to posts posts permitted. for awnings, shade trees, or the boxes to protect them, which are now standing, nor ladders which are necessarily used in the building or repair of houses, nor be construed so effect the ingress and egress to and from the yards of houses across said walks, unless otherwise ordered by the Common Council. Horses tobe SEC. 6. Except for the purposes of ingress and egress, no person kept off walks. whatever shall drive, ride or lead any horse, cart or carriage of any kind on any of the sidewalks within this city, under a penalty not exceeding ten dollars for each offence, and being liable to repair and make good all damages caused by him or them, and if the party offending herein shall neglect to get the same repaired within twenty four hours after the damage, it shall be the duty of the Supervisor for the district to get said repairs made, and the expenses attendant thereon, with a sufficient recompense to the Supervisor, shall be recovered of the party offending in the same manner as the said penalty. SEc. 7. From the first day of April to the first day of Novem ber in each year, every owner or occupant of any house or lot in any Slde waliks of the streets in which the sidewalks are now made or which shall and gutter to be cleaned. hereafter be made (excepting such lots whereon buildings may be erecting, and on which materials for building are laid,) shall cause the sidewalk as well as the gutter to be swept or otherwise cleaned on every Saturday during the period aforesaid, under a penalty of one dollar for every omission. Mayor to ap- SEC. S. The Mayor shall from time to time appoint so many per point persons to clean sons as he may think proper, who shall exclusively have the right and streets. enjoy the emoluments of cleaning on each Monday, or as soon there after as is practicable, such parts of the sidewalks and gutters as shall not have been cleaned on the previous Saturday; and the Mayor shall designate to each person so appointed, what part of the city it shall be his duty to attend, for the purpose aforesaid. 162 OF THE CITY OF DETROIT. Suc. 9. In case the owner or occupant of any house or lot shall TITL'E m. CHAPTER 22. neglect to sweep or otherwise clean such sidewalks and gutters on Tobecleaned at the e the day directed by this chapter to be done by him or her, it shall be penthse of occupant or lawful for the person or persons whom the Mayor shall appoint for owner. that purpose, on every succeeding Monday to sweep or otherwise clean such sidewalk and gutter, and for which he shall he entitled to demand twenty-five cents from the owner or occupant of such house or lot, who, on paying said sum, shall be exonarated from the payment of the penalty incurred as aforesaid; but if the said owner or occupant of any such house or lot shall neglect or refuse to pay the said twenty-five cents to such person appointed, it shall be the duty of the Marshal immediately thereafter to cause such owner or occupant to be prosecuted for the penalty aforesaid. SEc. 10. The owner or occupant aforesaid shall cause the side- Snow to be Snow to be walks fronting their respective premises, between the first day ofreiom~aedlks. November and the first day of April, to be kept free and clear from snow and ice, by sweeping or otherwise removing the same, within twenty-four hours after the said snow shall have fallen, or the ice formed; and in case of any omission the same penalty shall attach, and the same remedy be applied, as is provided in the preceding sections for sweeping and cleaning the sidewalks and gutters. CHAPTER XXIL. Relative to Awning and Sign Posts. SEC. 1. Posts for Telegraphs to be put SEc. 4. Rails connecting awning posts up under the direction of the with buildings prohibited; Street Commissioner; pen- penalty. alty. Sec. 5. Awning cloths not to hang; SEc. 2. No wooden posts allowed in penalty. certain places; penalty. SEC. 6. Certain obstructions prohibitSEc. 3. Awning posts on paved streets, ed; penalty. of what made and how; pen- SEc. 7. Certain articles not to be placed alty. upon walks. SEC. 1. No post, except for the purpose of supporting awning or Postsforteletelegraph wires, or hitching horses, shall be erected or put up in any trapbe pu&cup under the paved street, road, lane or alley of the city of Detroit, unless under direction of Street Cornthe direction of the Street Commissioner, under a penalty of five dol- nliseslioner Penalty. lars, in the discretion of the Court, and costs of prosecution, for each offence. SEC. 2. No wooden post, for the purpose of supporting any awning, shall be erected, or placed upon or before any paved street, lane, 163 ORDINANCES AND BY-LAWS TITLE III. road or alley in this city, under a penalty of ten dollars, in the disCHAPTER 22. No wooden cretion of the Court, and costs of prosecution, for each day such post posts allowed in certain shall be suffered to remain after notice to the owner or occupant of laces. penalty- the premises from the Mayor, Committee on Streets, Street Commis sioner or Marshal, to remove the same. Awning SEC. 3. All posts erected or fixed in any paved street, lane, road posts on paved streets or alley, for the purpose of supporting any awning, shall be of iron of what made and how. and of a uniform style, to be made after a certain pattern to be kept in the office of the Street Commissioner, and approved by the Com mon Council: and such posts shall be placed next to and along side of the curb stone, and be not less than eight feet in height, or of such height as may be determined on by a resolution of the Common Coun cil. Nor shall any person or persons, place or cause to be placed, or suffer to remain across any of the sidewalks within the limits of the city, (except as hereinafter provided in section 4,) rails, or strips of - boards, or bars, connecting any posts placed along side the curb stones, with buildings, or any posts, or erection, by the side of any building or buildings, from which any awning or awnings may be sus pended, on which to roll up such awnings, or for any other purpose, unless the same be removed when the awning is taken down. Any Penalty. person violating the provisions of this section, shall pay a fine of not more than ten nor less than three dollars, in the discretion of the Court, and costs of prosecution, for each day he shall so offend. Railscon- SEC. 4. No person shall place, or cause to be placed, any rails or necting Awning posts bars connecting said iron posts with buildings, except so far as may with build ngprohibit- be necessary to brace said posts, under the supervision of the Street ed. Commissioner, and said rails or bars shall be removed when the awnPenalty. ings are taken down, under penalty of five dollars for each offence, and costs of prosecution. Awning SEC. 5. No portion of any awning cloth or canvass used as an cloths not to hang. s awning, shall hang loosely down from the same, within eight feet of Penalty, the sidewalk or crossing, under a penalty of ten dollars, in the discre cretion of the Court, and costs of prosecution, for each day that the provisions of this section shall be violated. SEC. 6. No person shall place or cause to be placed, or shall suspend or cause to be suspended, from any house, shop, store, lot or place, over any street, any sign, lamp, goods, clothes, wares and mer 164 OF THE CITY OF DETROIT. ehandise, or wares or any other obstructions whatsoever, except TITLE III. CHAPTEP. 23. frames for the support of awnings, so that the same shall extend or Certain ob structions project from the wall or front of such house, shop, store, lot or place, prohibited. more than three feet towards or into the street. No canvass, for the purpose of an awning, shall hereafter be erected or suspended from any store, house, building, or lot, alongside of, or adjacent to any paved street, lane or alley, unless the same shall be of sufficient length to project from the front of the building to the outer curb stone of said walk, under a penalty of ten dollars, in the discretion of Penalty. the Court, and costs of prosecution, for each violation of the provisions of this section. SEc. 7. No person shall lay or place, or cause to be laid or placed, certain arti cles not to be any coal, wood, merchandise, box, barrel, or other obstruction, upon laed upon any upon ~~~~~~~~~~~~~~~~~~~~the walks. any sidewalk or crossing, unless for the purpose of removing the same into or out from some store, shop, house, lot or place, and then the same shall not remain upon such sidewalk or crossing for a longer time than six hours, under a penalty of ten dollars, in the discretion of the Court, and costs of prosecution, for each violation of the provisions of this section. CHAPTER XXIII. Relative to Digging Cellars. SEc. 1. How cellars may be dug. Sec. 3. Cellars in lanes; directions for SEc. 2. Areas to be closed while eel- digging. lars are being dug; when SEc. 4. Excavations not in accordance finished to be closed perma- with this chapter, nuisances. nently y; penalty. Smc. 5. Pavements to be relaid by per sons taking them up. SEC. 1. It shall not be lawful for any person to make and keep How ellars may be dog. open in the front of any building on the line of the streets, any exca-ay g vations for cellars, doors, windows or areas to any cellar or basement story, of a greater width, including the front wall and ashlar, than seven feet, in streets of the breadth of one hundred feet and upwards, or of a greater width than one-third of the breadth of the sidewalks as established by the existing ordinances of the said city in all other streets. SEc. 2. It shall be the duty of the owner of any building in the front of which any excavation or opening shall be made, or if such owner be a non-resident, of his agent or attorney, and also of the per 165 ORDINANCOES AND BY-LAWS TITLE fli. CTIAPTER 23. son or persons contracting or undertaking to execute the same. to cause Areas to be such excavation to be well secured by a railing or covering, to the satclosed while ,cellars are beilng aurg. isfaction of the Mayor, Recorder, or any of the Aldermen of the said When finished to be city, during the prosecution of the work, and within thirty days after closed permanently. the completion of the same, to cause such excavation or opening to be secured by a substantial and permanent railing or enclosure. and all persons offending against the provisions of this chapter hereinbefore contained, on conviction thereof before the Mayor's Court, shall pay Penalty, a fine not exceeding fifty dollars for every such offence. Cellars in SEC. 3. It shall not be lawful for any person to dig or cause to be lanes, direction for digging. dug, or to keep open, any cellar way or other opening in any lane or alley exceeding the width of three feet from the outer line or side of such lane or alley, and it shall be the duty of the person digging or causing to be dug such cellarway or opening, within five days after commencing the same, to cause it to be completed and secured with a substantial hatch or covering, laid even with the surface of said lane or alley, and all cellarways or openings already made in any lane or alley shall be secured in like manner; and all persons offending against this section of this chapter, on conviction thereof before the Mayor's Court, shall pay a fine not exceeding twenty-five dollars for every such offence. Excavations SEC. 4. All excavations or openings in any of the streets, lanes or not in accordance with alleys for the purpose aforesaid, which shall not be secured by a railthis chapter nuisances. ing, hatch or covering as hereinbefore directed, or which shall hereaf ter be made or dug, contrary to the provisions and the true intent and meaning of this chapter, shall be taken and considered to be a common nuisance, and may be abated by order of the Mayor or Common Coun cil of the said city at the expense of the said person or persons caus ing or suffering the same to remain. Persons SEC. 5. It shall be the duty of any person or persons taking up any taking up pavements pavement or sidewalk, or causing the same to be done in any street, to relay the same. lane or alley for the aforesaid purposes, to replace and repair so much of the said pavement or sidewalk as is not included in said excavation or opening for cellar doors, windows or areas as aforesaid, in as good order and condition in all respects as they were in previously; and in case of the neglect or refusal of the person or persons whose duty it shall be to replace and repair the same, so to do, the said pavements 166 OF THE (ITY OF DETROIT. or sidewalks may be replaced by order of the Mayor or Common TITLE III. CHAPTER 24. Council of the said city, at the expense of the person or persons refusing or neglecting as aforesaid. CHAPTER XXIV. Relative to Numbering Buildings. SEC. 1. Streets to be numbered when I SEC. 2, 3 and 6. How numbered. Council shall direct; penalty. SEC. 5. Vacant lots how numbered. Streets to be SEC. 1. Whenever the Common Council shall, by resolution, direct numbered when Counthe public streets or avenues, or any part of said streets or avenues, rc tshall di )re2ct. to be numbered, said streets or avenues shall be numbered as hereinafter provided, and the owners or agents of the said buildings or premises so directed to-be numbered, lying alongside said streets or avenues, shall pay the costs of numbering the same; and any owner or agent refusing or neglecting to have his premises or buildings so numbered, whenever a public street or avenue is directed to be numbered as aforesaid, such person or persons shall, for every such offence, on conviction before the Mayor's Court, forfeit a sum of five Penalty. ~~~~~~~~~~~dollars and costs of prosecution. dollars and costs of prosecution. SEC. 2. That the numbering on Jefferson Avenue, Woodbridge How street, and Atwater street, commence at the western termination of numbered. each of said streets, and that the numbers one, three, five, seven, &c., be used on the left hand of each of said streets, and the numbers two, four, six, eight, &c., be used on the right hand side of each of said streets, and proceed easterly as far as it may from time to time be deemed necessary or expedient. SEC. 3. That on all streets parallel to Jefforson Avenue the numbering shall commence where such street crosses WoodwardIdem Avenue and proceed easterly and westerly, as far as necessary, using the odd numbers one, three, five, seven, &c., on the left, and even numbers, two, four, six, eight, &c., on the right hand side of each of said streets. SEC. 4. That on Woodward Avenue, and all streets running Idem. parallel to it the numbering shall commence at the channel of the Detroit river and proceed northerly as far as may be required, using the numbers one, three, five, seven, &c., on the left, and the numbers 167 ORDINANCES AND BY-LAWS TITLE III. two, four, six, eight, &c., on the right hand side of each of said streets CHAPTER 25. respectively. Vacant lots SEC. 5. That whenever there are vacant lots along the line of how numbered. said streets, one number shall be allowed to every twenty feet of such vacant lot. CHAPTER XXV. Relative to Wharves. SEe. 1. To be kept in repair-Marshal I SEC. 2. Penalty for not repairing. to notify to repair. To be kept in SEC. 1. It shall be the duty of the owner or owners, occupant or Prairhl to occupants, lessee or lessees, of any of the wharves of this city. border notify to repair. mig upon the Detroit river, and which are not fenced in, or otherwise enclosed, so as to prevent the passage of travelers or others over or - across them, to keep the same in good order and condition; and whenever any of the plank, boards, timber, or other materials com posing or forming a part of any of the wharves of said city, shall from any cause become loose, or be removed, or whenever any of said wharves shall in any manner, and from any cause whatever, be out of repair, it shall be the duty of the City Marshal to notify either the owner or owners, occupant or occupants, lessee or lessees, of any such wharf or wharves, t9 immediately replace and securely fasten the plank, board, or other material so removed as aforesaid, or otherwise to repair such wharf or wharves as to the Marshal may seem necessary: Provided, That the notice so to be given may be either a verbal or written notice, and may be given by either of the Con. stables, or by the Mayor or any of the Aldermen, or other officers of the city; and if a written notice, it may be either served personally upon, or left at the place of business or residence of, the person or persons notified. Penalty fbr SEC. 2. In case the person or persons so notified, as provided for notrepairing. in the preceding section, shall neglect for twenty-four hours after such notice, to comply with the requisitions thereof, he, she or they shall, on conviction thereof before the Mayor's Court, be liable to a fine of not less than five, nor more than fifty dollars for each and every day he, she or they shall neglect to comply with the requisi tions of said notice. 168 OF THIE CITY OF DETROIT. TITLE FOUR. OF DRAINS AND SEWERS. TITLE IV. CEAPTER 26. CHAPTER XXVI. Relative to public and private D)rains and Sewers. SEC. 1. No lot to be drained without application to Council, and payment of assessment. SEC. 2. Council to determine the size of drains, and to be entered under the direction of the City Surveyor. SEc. 3. Assessments for draining cel lars' SEc. 4. When to be paid. SEc. 5. Persons using drain or owning premises liable for assess ment. Assessments lien on lots-how collected, drain may be cut off-penalty. SEC. 6. Penalty for injuring drain. SEc. 7. Penatty for connecting with drains without permission. How to enter drain; drain not to be placed beside public drain. SEc. 8. When sewers may be entered. SEc. 9. What drains are public. How sewer assessments to be ap propriated. SEC. 10. How sewer assessments may be collected. SEc. 11. Certain portion of expense to be paid before connection with drains. SEC. 12. How expense of repairs ascer tained-penalty. SEC. 13. Marshal to notify persons to repair-proceedings in case of neglect. SEc. 14. No connection to be made until Surveyor shall have ascertained the grade. SEC. 1. That no person or persons be permitted to connect any No lotto be drain from his, her or their premises, with any public drain or sewer, duatiapdlicaith tion to the now made or constructed, or hereafter to be made or constructed, in Common Council and said city, nor with any private drain, whereby his, her or their prem- payment ot y ~~~~~~~~~~~~~~~assessment. ises, will be drained into any public drain or sewer, except on previous application in writing to, and permission by, the Common Council, or some Superintendent by them appointed for that purpose, and the payment of the assessment hereinafter mentioned. SEC. 2. All private drains to be hereafter made by individuals in Council to determine any public atreet, lane or alley in said city, and connecting wi th any the size of drains and to public drain or sewer, shall be of such size, dimensions and materials, bedetsuerd vision of City and constructed and laid, as directed by the Common Council or Surveyor. City Surveyor, and shall enter such public drain or sewer under and according to the personal supervision and direction of said Surveyor, nor shall any person or persons enter any public drain or sewer at any other places than those designated and fixed for that purpose in the construction thereof. SEc. 3. The amount which individuals using, or being benefitted Assessment for draining by any public drain or sewer, shall pay for such use, is hereby fixed cellars.g 22 169 ORDINANCES AND BY-LAWS TITLE IV. as follows, to wit: the sum of one dollar and fift cents annually, for CHAPT,ER 26. y each cellar drained by box directly or indirectly into any public drain or sewer, which assessment shall be taken to include all other drain age of the premises to which said cellar especially belongs: And the sum of fifty cents annually, for each lot or subdivision of lot being without a cellar, drained by box, as aforesaid, into any public drain or sewer. And such sums as may be fixed by the Common Council for all establishments requiring an unusual or extraordinary amount of drainage, drained as aforesaid, upon actual inspection of, and report thereon by the assessors. When to be SEc. 4. That said assessment shall in all instances, be paid when paid. the city and school taxes are collected. Persons us- SEC. 5. Any person whose premises are drained directly or Ing drain or sewer liable indirectly, into any public drain or sewer, or any person using said to assess. ment. premises thus drained, or for whose benefit or family the same is used - shall be liable to the payment therefor, and in addition said assessAssessment ment shall become, and be a charge and lien on the premises thus lien on lots. How collect drained, and be recovered, and the same proceedings had in every ed. Drain may be cut o.be respect for the recovery thereof, as are provided for the recovery of other special assessments, and the corporation may also, at their option, stop such private drain, and prevent any person from draining his premises into any public drain or sewer, where such assessment shall not be paid in advance, on the second application, and said privilege shall not be restored unless on the payment of the tax and a forfeiture of double the amount of the assessment. Penalty for SEC. 6. Any person who shall remove any grate from the pool, injuring drain. over which it is placed, or in any way, directly or indirectly, injure any public drain or sewer, or any part thereof, shall, on conviction thereof before the Mayor's Court, be liable to a penalty, for each offence, not exceeding one hundred dollars and costs. SEC. 7. Any person who shall connect any drain from his premises with any public drain or sewer, or who shall drain his premises into any private drain which enters into any public drain or sewer, without first making the application, procuring the permission and paying the assessment, provided for in the first section of this chapter, shall, on conviction of each offence nefore the Mayor's Court, be liable to a penalty not exceeding one hundred dollars and costs; and any person Penalty for connecting with drains without permission. How to enter drains. Drain not to be placed by publlic drain. 170 OF THE CITY OF DETROIT. who shall construct and lay any private drain, connecting with any TITLE IV. 7 IAPTER 26. public drain or sewer, or who shall enter any public drain or sewer, in any other manner except as is provided for in the second section of this chapter, shall be liable for each offence, on like conviction, to a penalty not exceeding one hundred dollars and costs: and any person who shall enter any public drain or sewer at any other place than is designated and fixed for that purpose in the construction thereof, shall be also liable to pay for each offence, on like conviction, a penalty not exceeding one hundred dollars and costs; and if any person shall drain his premises along the side of any public drain or sewer, he shall also be liable to pay a penalty, not exceeding one hundred dollars and costs, on like conviction: Provided, That this section shall not be construed to extend to any case where a private drain has heretofore been laid down along the side of any public drain or sewer; but such private drain shall not be repaired by any person without having received from the Common. Council, or some authorized officer of said city, a certificate that such repair will not endanger the safety and preservation of any public drain or sewer along the side thereof. SEC. 8. That no person be permitted to connect any drain from When sewers When sewers his premises with the grand sewer, nor enter the same. between the may be en tered. first day of December and the first day of April in each year, and any person offending against this section, shall, on conviction of such offence before the Mayor's Court, be liable to pay a fine of one hundred dollars and costs. SEc. 9 That all drains now made and constructed, or which shall hereafter be made and constructed by the corporation, shall be deemed to be public drains or sewers within the purview of this chaper; What drains and all sums of money received under the provisions of this chapter are public. shall be stated and kept in a separate account, and are hereby specifically pledged and appropriated to the following uses and objects, and no other, to wit: 1st, to defray the expense of indispensable repairs of existing sewers; 2d, to defray the cost of additional public sewers ow swe Hfowv sewer and their repairs; 3d, to apply on the interest of the city debt ac- tosbe pepnros ~ruing on account of the cost of construction and maintenance of such prited. sewers. SEc. 10. The assessment provided for in this chapter shall be Howsewer assessments collected in the manner prescribed by the chapter, " relating to the mecatyede col lectp,d. 171 ORDINANCES AND BY-LAWS TITLE IV. collection of special assessments, the provisions of which are mad CHAPTER 26. applicable hereto, except that the time of the warrants and provision, of per centage shall be made to correspond with the terms of the warrants and the provisions for per centage in the collection of the city and school taxes. Private Drains. Certain por- SEc. 11. That no person be permitted to connect any drain from tion of expenseto be his, her or their premises, with an drain or sewer made by one or paid before y connection withdcrtains. more individuals in any street, lane or alley as aforesaid, unless on payment to the proprietors of such drain or sewer of a rateable pro portion of the expense of making the same, the amount to be ascer tained and determined by the Marshal or Surveyor, with the right of appeal to the Common Council; nor shall any person make or con struct a sink, drain or sewer leading into any other drain or sewer, without putting a sufficient strainer at the head of it, under a penalty not exceeding ten dollars and costs, for each offence. How ex- SEC. 12. Everyperson having any drain from his, her or their pense of retairaser- pre mises, that shall be connected with any drain or sewer now made, or that shall hereafter be made as aforesaid, shall pay a rateable pro portion of all expenses necessary for maintaining and keeping such drains or sewers in repair, such proportion to be ascertained and determined in the manner provided for in the foregoing section, and if any person shall neglect to pay the same, when so ascertained, such Penalty. person shall forfeit and pay the sum of two dollars and costs, for every week during which the same shall remain unpaid. Marshal to SEC. 13. In all cases where drains or sewers shall be obstructed notify per son to re- so as to become, in the opinion of the Marshal, a nuisance, it shall be pair. his duty to give notice to the persons using the same, to repair such drains or sewers, and if the same be not forthwith repaired, it shall be the duty of the Marshal to cause the necessary repairs to be Proceedings made, and to charge the said persons with a rateable proportion in case of neglect. of the expense incurred, including a reasonable allowance to the Marshal for his own services, subject to an appeal to the Common Council, as is provided in the tenth section; and all such appeals shall be made within the time in which such person is required to pay the sums above required; and if any person shall refuse or neglect to pay their proportion of the charges for the space of ten 172 OF THE CITY OF DETROIT. days after notice, he or they shall be liable, upon conviction before TITLE IV. -. Crf~~~rT~~a 27. the Mayor's Court, to pay a -fine not exceeding fifty dollars and with costs of suit. SEc. 14. No connection with public or private sewers or drains No connec tion to be shall be made under the provisions of this chapter, until the Sur- made until Surveyor shall have veyor shall have designated the grade therefor, under the penalty of asceertained twenty dollars. CHAPTER XXVII. Relative to Lateral Drains. SEc. 1. Common Council may direct SEc. 4. Thirty days' notice to non-re owner's to construct lateral sidents of drainage of premi sewers; proceedings in case ses. owners neglect. SEc. 5. To deduct from assessment S2c. 2. To be built under direction of where premises have been the Council. before properly drained. SEc. 3. To be repaired and cleaned at expense of owners. SEc. 1. That the Mayor, Recorder and Aldermen of the city, of Corn. Council may direct Detroit, in Common Council convened, may, by resolution, in all cases owners to construct direct every owner of lots or land, or his or her agent, or tenant, adjoin- leateral sewing any street or alley in said city, to build lateral sewers or drains, to make a sufficient drainage from his house, yard, or lot, whenever in their opinion the same shall be necessary provided said Common Council, by resolution, shall direct lateral sewers or drains to be laid or constructed through or in said streets and alleys, and shall thereupon give such owner or agent notice thereof in writing, specifying the time within which said lateral sewer or drain shall be completed; and in case the said owner, agent, or tenant, shall neglect or refuse to Proceedings In case ownconstruct the same, and complete the same within the time specified, inersaneglect. the Mayor, Recorder, and Aldermen of said city, shall cause the same to be done at the cost of said owner, agent, or tenant, and shall recover the whole amount of the expense thereof, upon complaint in the Mayor's Court, and the costs of prosecution. SEC. 2. All lateral sewers and drains which hereafter shall be Tobebuilt under direcbuilt, and entered into any public sewer of said city, shall be built of tion of the Council. such materials as the Mayor, Recorder, and Aldermen of said city shall direct, and be laid or constructed in such direction, of such size and width, such descent, and with such strainers, as said Common Council shall require. 173 ORDINANCES AND BY-LAWS TITLE IV. SEC. 3. All owners, agents, or tenants of land or lots lying alongCHAPTER 27. To be re- side or upon any street or alley in said city through which the Compaired and cleaned at mon Council of said city shall order or direct lateral sewers or drains expense of owners. to be built, communicating with any public sewer, laid or construct ed, relaid, repaired, or cleansed, shall make, repair, relay, or cleanse such lateral sewer or drain at their own expense and cost, in the man ner and within the time prescribed by resolution of said Common Council, upon written notice of the same to said owner, agent, or oc cupant or tenant to the effect thereof, and if not done within the time prescribed, and in the manner directed, said Common Council may cause the same to be constructed, repaired, relaid, or cleansed, and the City Surveyor shall assess the expense of constructing the same in a rateable proportion to said owners, agents, or tenants of land or lots adjoining said street or alley; and the said sum of money so assessed on such lot or land shall be a lien thereon, and upon suit being com menced in the Mayor's Court of said city, said sum of money so as sessed to said owner, agent, or occupant, may be recovered, together with the costs of prosecution. SEC. 4. Whenever the owner of any lot or piece of land adjoining any street or alley through which the Common Council shall direct lateral sewers or drains to be built or constructed as aforesaid, shall be a non-resident of said city, said Common Council in such case shall give thirty days public notice, in the official paper of said city of the order of said Common Council for the construction of said lateral sewer or drain upon said street or alley, and after the expiration of said thirty days it shall be lawful for said Common Council to build said sewer, pursuant to said public notice, in case said owner has neglected so to do, at the cost of said owner, as aforesaid; and the cost of construction of said sewer or drain shall be collected, together with costs of prosecution, in the Mayor's Court. IThirty days notice to nonresidents of drainage of premises. SEC. 5. Whenever it shall appear to the satisfaction of said Common Council that any lot or piece of land adjoining any street or alley in said city through which the Common Council of said city shall direct lateral sewers or drains to be built, said premises having been properly and sufficiently drained, at the expense of the owner or agent of said premises, it shall be in the discretion of the Common Council To deduct from assessment when premises have been before properly drained to make such deduction from the assessment for said sewer or drain 174 OF THE CITY OF DETROIT. for said drainage as they shall deem reasonable and just to said owner ILATpTLE V. or-~~~~~~ a~~~~CgenAPTEg 28. or agent. TITLE FIVE, OF MARKETS AND SALES. CHAPTER XXVIII. Relative to Public Mcarkets. SEc. 1. Markets held where Council shall designate. SEc. 2. Mayor to issue licenses to sell fresh meat. SEe. 3. Said licenses shall expire first Monday in April after they a r e g r anted. SEo. 4. Fifty dollars to be paid for li cences. SEC. 11. Persons occupying stalls to keep a tub for offal, and to remove offal one hour after market closes. Certain hides not to be brought to market. SEC. 12. When sales may be out of market hours. SEc. 13. All provisions offered shall be sound; if not may be seized and vendors punished. Szc. 14. Markets to be kept clean and clear of obstructions. SEC. 15. Bad conduct prohibited in markets. SEC. 16. Duty of Clerk of Market to en force the provisions of this Chapter in Mayor's Court. SEc. 17. Vegetable market designated. SEa. 18. What may be sold in Vegeta ble market. SEc. 19. How vegetables, &c., exposed; if unsound Clerk shall order them removed. SEC. 20. No public market house to be used save for the sale of meat. SEC. 21. Hucksters, forestallers and grocers prohibited from oc cupying certain places i n vegetable market. SEc. 22. Penalty for violations. SEc. 5. Shops where fresh meat and fish are sold, to be under the supervision of the Clerk of the Market. SEc. 6. How stalls in market to b e used and occupied. SEc. 7. Common Council to determine the minimum rents of stalls, and Marshal to offer stalls for sale to highest bidders. SEC. 8. One-fourth of rent to be paid in advance and the rest se cured. Sxc. 9. When markets shall be kept openl. SEC. 10. Meats not to be sold except in market house or places de signated by Council. SEC. 1. All public markets in the City of Detroit shall be held in Markets held where Counsuch places as the Common Council shall from time to time designate cilsehalldesig nate, and license, and in no other. SEc. 2. The Mayor shall, from time to time, issue licenses to so Mayor to issue licences many and such persons as the Common Council may direct, to sell to sell fresh meat. fresh meat in such places within the limits of the city, as may be de signated in such license, but not elsewhere. 175 ORDINANCES AND BY-LAWS TITLE V. SEC. 3. All licenses so issued shall expire and cease on the firstl" CHAPTER 28. Said liceilces Monday of April after the granting thereof, unless sooner revoked by shall extoire rhrstl Mxonday the Common Council, and shall be renewed by the Mayor, under the in April, after they are direction of the Common Council, on application. granted. Fifty dollars SEC. 4. For each license issued as aforesaid, the sum of fifty dolto be paid for licences. lars shall be paid or secured on the granting of the same, and a like sum for the renewal of the same. Shops where SEC. 5. All shops, cellars, stalls, and other places, within the limits fresh meat and fish are of the city, where fresh meat and fish are sold, shall be under the susold to be under the pervision of the Clerk of the City Hall market, and subject to all the supervision ofthe Clerk regulations which are established by law, for the cleanliness and good of the market government of the public markets. How stalls in SEC. 6. No person shall use or occupy, or cause to be used or ocmarkets to be used and cupied, any stall or stalls in the public market house belonging to the occupied. Corporation, unless he shall have paid for, or secured the payment for - the same, as hereinafter provided, and when so paid or the payment thereof secured, such person shall keep such stall or stalls well sup plied with good and wholesome meat, to be sold therein. Common Council to SEC. 7. The Common Council shall, from yea r to year, determine determine the mini- the minimum rents of all stalls in the public markets belonging to the mum rents of stalls, and Corporation, and it shall be the duty of the City Marshal to offer for Marshal to adi hl eteU offer stalls to highest bid- rent at public auction, to the highest bidder, all such stalls at such ders. time and place as the Common Council shall designate; but no stall shall be rented for a less sum than the minimum price, determined as aforesaid: Provided, That no bid shall be received from any person, at such auction, who is in arrears to said Corporation. One fourth of SEC. 8. When any person shall rent a stall in the public market rent to be paid in ad- houses belonging to the Corporation, he shall pay to the City Marshal vance and the rest secured. one-fourth of such rent in advance, and shall give security satisfactory to the Committee on Markets, for the remainder thereof, to be paid in three instalments, on the commencement of each quarter of the year then next ensuing. When mar- SEC. 9. The market houses belonging to the Corporation shall be kets shall be kept open. kept open every day (Sundays excepted) from daylight till the houn from time to time fixed by resolution of the Common Council, and not otherwise: Provided, The provisions of this section shall not ap ply to markets other than belonging to the Corporation. 176 OF THE CITY OF DETROIT. SEC. 10. It shall not be lawful for any person or persons to sell TITLE V. CHAPTER 28. or expose for sale any fresh meat, (poultry and venison excepted,) in Meats not to be sold exany quantity, at any time, or in any building, or street, or other place cept in mar ket house or whatever within the limits of this city, excepting in the stalls in the placesdesig nated by respective market houses rented from the Corporation, according to Council. existing regulations, and such other places as may be designated by the Common Council, as hereinbefore provided: Provided, That nothing herein contained shall prevent any person or persons from selling or exposing for sale in the streets, in the immediate vicinity of the public markets, or elsewhere, fresh meat by the carcass or quarter, according to the provisions of the next succeeding Chapter of these Ordinances, relative to sale of fresh meat by the quarter, within the bounds of the City of Detroit. SEC. 1 1. Every person occupying a stall in any of the public mar- Persons oc cupyingstalls kets, shall procure and place in such markets a suitable cask or tub, to keep a tub for offal, and in which he shall deposit, or cause to be deposited, the offals of all thoremalVOne hour after slaughtered animals, brought or caused to be brought by him, there- market closes Certain hides in, and such person shall within one hour after the closing of the mar- not to be brought to ket house, remove, or cause to be removed therefrom, all such offals markets. as aforesaid; but no person shall bring, or cause to be brought into any public market house, any hides or skins of slaughtered animals, except on calves, sheep, lambs or hogs. SEC. 12. If any person who may have rented a stall from the Cor- When sales poration, as aforesaid, shall, within the ordinary hours of business, moanybeorkeut ,, ~~~~~~~~~~~~~~of market hours. make application to the Clerk of the City Hall market for the privi lege of selling meat after the time the market house is required to be closed, and can satisfy the Clerk that it is for the sole purpose of sup plying some boat or vessel about to sail from said city, or traveler about to leave the city in the cars, but in no other, the Clerk may grant such privilege. SEC. 13. All provisions opened or exposed for sale in said mnar- Allprovis kets shall be sound and wholesome, and of pure and good quality, and shall bred efsound; if not if otherwise, shall be seized, and the sellers or manufacturers thereof,udif not seized and J and each and every person engaged in such manufacture, shall be lia- vendersd punished. ble for each offence, to a penalty not exceeding one hundred dollars; and all weights and measures used in said markets shall be in conform ity with the standard weights and measures regulated by the laws of 23 177 ORDINANCES AND BY-LAWS CTLE V28. this State; and any person who shall within the limits of said city, CHAPTER. 28. sell, or offer to sell, or exhibit for sale, any article which shall be de ficient in the weight or measure for which he sells the same, or offers or exhibits the same for sale, shall, upon conviction before the Mayor's Court, forfeit a penalty of not more than one hundred dollars and costs of prosecution. Markets tobe SEC. 14. Said markets, and a space twenty feet without them and kept clean and clear of obstrclationsf adjacent thereto on every side, shall be kept clear during market hours, of carts, wagons, carriages, wheelbarrows and other vehicles, and of all animals and other obstructions whatsoever, and also of all offals and offensive substances of every kind; and all stalls and meat blocks and benches shall be within the said market houses and not elsewhere, and shall be kept clean: Provided, however, That this section shall not be so construed as to prevent the ordinary travel of the highway. Bad conduct SEC. 15. That within the space of twenty feet aforesaid, and withprohibited inomarkets. in said market houses, there shall not be any lewd, lacivious or disor derly conduct, nor loud or boisterous noises made, nor any profane or vulgar language used, nor any act done or committed tending to a breach of the public peace, or to disturb the decorum of the place. Duty of Clerk SEC. 16. It will be the duty of the Clerk of the City Hall marof market to enforce the ket, and he is hereby authorized and empowered to attend all said provisions of this chapter markets and enforce the due execution of the provisions of this Chapin Mayorls Court. ter, and make complaint to the Mayor's Court, of each and every in fringement of this Chapter, and also to remove from the said markets all offensive substances or offals, and all obstructions before mention ed. Vegetable SEC. 17. That the ground enclosed by a railing, beginning at the market designated. east end of the City Hall, and extending along Michigan Grand ave nue to Randolph street, and all other yards, grounds or enclosures that have been or may hereafter be designated by said Common Coun cil as places of holding vegetable markets, be, and the same are here by declared public markets, and that the provisions of this Chapter, for the prevention of disorderly conduct, shall apply to said vegetable markets, and to a place twenty feet without them and to the adjacent streets on every side. What may be SEC. 18. All fresh fish, poultry, eggs, butter, fruits or vegetables sold in vegetable market of any kind, may be sold within the limits prescribed in the next prr 178 OF THE CITY OF DETROIT. ceding section of this Chapter, or any grounds that have been or may TITLT V. _PHAPTER 29. hereafter be designated as vegetable markets, and on no other public grounds or streets in said city during the hours the market houses are required to be kept open: Provided, That nothing herein contained shall prevent the sale of the above articles from wagons within the immediate vicinity of said vegetable markets. SEC. 19. All provisions or vegetables offered for sale at any of the How vegepublic markets shall be placed on stands elevated from the ground, in lefxposed; Clerk shall such a manner, and shall remain stationed at such place or places as order them removed. the Clerk of the respective markets shall direct, and if any of such provisions or vegetables shall be deemed by such Clerk to be unwholesome or unfit to be consumed or used, he shall order owners thereof to remove the same immediately from the public markets; and if such owner shall neglect or refuse to remove such provisions, or vegetables as aforesaid, it shall be the duty of said Clerk to remove the same without delay. SEC. 20. No person shall use or occupy any public market house, No pubinc market or any part thereof, but for the sale of meat, or cutting, or salting the house to be used save for sale of meat. same, except when permission shall have been obtained for that pur- saleofeat pose, as hereinafter provided. SEC. 21. It shall not be lawful for any huckster, forestaller, gro- ucksters, forestallers cer, or other person, to occupy the spaces on either side of the plat- arnd grocers prohibited from occupyform extending back from the rear of the City Hall vegetable market, img certain places in for the purpose of vending any meats, butter, vegetables, fruits or vegetable market. other articles of merchandise previously purchased by them. SEc. 22. If any person shall violate any of the provisions of this Penal for Chapter, he or she shall, on conviction before the Mayor's Court, for violations. every such offence, be subject to pay a fine not exceeding one hundred dollars and costs of prosecution. CHAPTER XXIX. Relative to Forestalling. SEC. 1. Forestalling defined, prohibited, and how punished. SEC. 1. It shall not be lawful for any person who follows the business of huckster, forestaller, grocer or seller of any articles of provision at second hand, to purchase or offer to purchase, either personally or by his or her agent, within the limits of said city, during the hours the public markets are required to be kept open each day,. 179 ORDINANCES AND BY-LAWS TITLE v. any fresh venison, fresh fish, poultry game of any kind, eggs, butter, CH~APTE~ 30. puty n Forestal-ling fruit, or vegetables of any kind, from any person bringing or having defined, prohibited andO brought the same to said city for sale or barter. And the possession how punished. of any such article by any such huckster, forestaller, grocer, or other seller thereof, which may have been previously in the possession of any farmer or other person, within the limits of the said city, during the hours aforesaid, shall be deemed prima facie evidence of a viola tion of this ordinance. Any person violating the provisions of this ordinance shall be subject to a fine of not more than fifty dollars and costs of prosecution, to be recovered in the Mayor's Court. CHAPTER XXX. ielative to the Salte of Meat by the Quarter. SEc. 1. Persons may be licensed to sell SEC. 4. Farmers not rohibited from meat by the quarter. selling by the quarter, when. SEC. 2. To give bonds. SEC. 3. No person to sell by the SEC. 5. Drovers not to sell by the quarter unless licensed- quarter. penalty. Persons may SEC. 1. The Common Council in session, or the Mayor in vacabe licensed to sell meat tion, may hereafter license any person who is a resident of the State by quarter. of Michigan, and of the age of twenty-one years, to buy and sell meat by the carcass or quarter, from shops, wagons, carts, or other vehicles within the limits of the city of Detroit, upon the payment at the rate of one hundred dollars per annum, for each and every shop, wagon, cart, or other vehicle to be used for that purpose, and that no license be granted for a less term than three months. To give Sve. 2. Every person so applying for such license, shall first bonds. execute a bond to be approved by the Council, in the penal sum of two hundred dollars, conditioned that he will at no time offer for sale or suffer to be offered for sale. any unwholsome meats, of any kind or description, and that he will occupy such place or stand, in the vicinity of the market, or elsewhere, as shall be assigned to him by the Common Council, and that he will preserve order about his shop, or vehicle, while occupying such stand. SEC. 3. No person, unless licensed, as hereinbefore provided, shall No person to sell by the hereafter peddle, sell, or offer for sale, from any shop, wagon, cart or quarter un les iensed.' fotht osi Penalty.nsed other vehicle,used for that purpose, in or about the markets of said city, or in any of the streets thereof, any beef, pork, mutton, or other meats by the carcass or quarter, under a penalty not exceeding fifty dollars ISO OF THE CITY OF DETROIT. for every such offence, to be recovered in the Mayor's Court with the TITLEr V. CHAPTER 31. costs of prosecution: Provided, That it shall not be considered a violation of the provisions of this section for drovers or others to sell any such meat as aforesaid, either by the carcass or the quarter, to any or either of the regular butchers of this city occupying stalls rented of the city of Detroit, in either of the public markets of said city. SEC. 4. The foregoing provisions shall not be so construed as to Farmers not prohibited apply to any farmer who shall offer for sale any meat which may from selling by the quarhave been fatted and killed by himi; but shall be applied only to such ter, when. persons as may offer such articles for sale-the same having been previously purchased by them for that purpose; and for the purpose of a conviction under this chapter, the possession of such articles by such party shall be deemed primafacie evidence of such purchase. SEC. 5. Nothing in this chapter contained shall be construed to Drovers not to sell by the authorize any person, following the business of a drover for a liveli- quarter. hood, to sell meat by the quarter, unless he shall be licensed under this chapter. CHAPTER XXXI. Relative to the Sale of Woodcock, ~c. SEC. 1. When woodcock, partridge, &c., SEC. 2. Penalty. shall not be sold. SEc. 1. It shall not be lawful for any person to offer for sale, or When wood cock, patridsell within the limits of the city of Detroit, or bring into the city for ges &c., shall not be sold. the purpose of selling the same, or for any other purpose, any woodcocks killed between the first day of February and the first day of July in each year, or any quails, partridges or pheasants killed between the first day of March and the first day of October, in each year. SEc. 2. Any person who shall expose for sale, or sell, or have in Penalty. his possession for the purpose of selling the same, or for any other purpose, within the limits of said city, any woodcocks, quails, partridges or pheasants killed within the periods specified in the first section of this chapter, shall forfeit and pay the sum of fifty cents for each woodcock, quail, partridge or pheasant, to be recovered in an action of debt before the Mayor's Court of said city, one half of which sum shall be paid upon recovery to the Treasurer of the city of 181 ORDINANCES AND BY-LAWS TIrTLE V. Detroit and one half to the person who shall sue and prosecute therefor. ---— therefor. CHAPTER XXXII. Relative to the Sale of Hay ancd Straw. SEc. 1. Weighmaster to weigh hay SEC. 4. How hay carts or other vehicles and issue certificate. to stand. SEC. 2. No hay to be sold unless first SEC. 5. Provisions of this chapter ap weighed. plied to straw. SEC. 3. Purchaser may have hay SEC. 6. Penalty. weighed. Weigh mas- SEC. 1. It shall be duty of the Weighmasters, severally, well ter to weigh hay and issue and truly to weigh any cart, wagon, or sled load of hay, when applied certificate. to by any person desiring the same, and make such reduction from the weight of said hay as to him may seem reasonable and just, by reason of said hay being damp, wet or not well cured, and deliver to the person so applying a certificate thereof, for which he may demand and receive of such applicant twenty-five cents. No hayto be SEC. 2. No person or persons shall sell or offer for sale any hay sold unless first weighed in said city, by the cart, wagon or sled load, unless the same shall have been first weighed in the manner above prescribed, and as soon as conveniently may be, after unloading said hay, the cart, wagon, sled or other vehicle, bearing the same, with all things and apparatus belonging t hereto, at the time of weighing said hay, shall also be weighed; and the seller shall deliver unto the buyer the certificate given by the Weighmaster, at the time of demanding payment for the hay so sold. Purchaser SEC. 3. The purchaser or purchasers of any hay which shall have may have hay weighed. been weighed in the manner above directed, may require and cause the same as well as the cart, wagon, sled or other vehicle, bearing the same, to be weighed at his own expense, and the seller of such hay shall not refuse to let the same be so weighed. How hay SEC. 4. All carts, wagons, sleds or othervehicles, loaded with hay carts or other vehicles to, intended for sale shall stand at, or adjoining the hay scales,in regular stand. order, one after the other, and in such manner as not to obstruct the centre of any street, and so as to leave access to any house or other building thereon, open and unobstructed. Provisions of SEC. 5. All the foregoing provisions of this chapter shall apply this chapter relative to any straw sold or offered for sale in said city, except straw applied to straw. made up into bundles and sold by the bundle. IS2 OF THE CITY OF DETROIT. SEC. 6. Any person offending against the provisions of this chap- CTITLE v. CuAPTF,P. 33. ter, shall be liable to a fine not exceeding fifty dollars and costs of Penalty. prosecution for each offence. CHAPTER XXXIII. Relative to Unwholesome Liquors and Provisions. SEc. 1. No person shall sell diseased SEc. 2. Unsound sausages. or unwholesome flesh, bread or drink-penalty. SEC. 1. No butcher or other person shall sell or offer to sell No person shall sell within the limits of the city of Detroit, the flesh of any animal dying dnswealsero 2 1,~~~~~~~ unwholeotherwise than by slaughter, nor the flesh of any animal slaughtered bsom flesh, drink. when diseased, nor any contagious or unwholesome flesh of any IPenialty. description whotsoever, nor any provisions of any description, except such as are sound, and of pure and wholesome quality; and no baker, brewer, distiller or other person, shall sell, or offer, or expose to sale, any unwholesome bread or other provisions, drink or liquors whatever; and any person offending in the premises shall, on conviction thereof before the Mayor's Court, be fined in a sum not exceeding five hundred dollars, and the costs of prosecution, and be liable to be excluded from the public markets of this city, and from the exercise of his business, notwithstanding such person may have rented a stall or stalls in one or more markets, or paid a license; and it shall at all times be the duty of all the constables and other officers of this city to take notice of, and report all infractions of this chapter. SEc. 2. Any person who shall sell or offer for sale, or who shall Unsound sausages. aid in effecting any sale, or in the manufacture or preparation of sausages or other provisions, composed of bad, impure, decayed or unsound ingredients, shall be liable to the penalties in the foregoing section. CHAPTER XXXIV. Relative to Sale of Goods at Auction. SEc. 1. No goods to be sold in streets SEC. 4. Penalty. save by process of law. SEC. 5. Not lawful to sell cattle in cerSEC. 2. What may be sold in the streets. tain parts of city. SEc. 3. Bell men prohibited. SEC. 6. Duty of Marshal. SEC. 1. No goods, wares, merchandise or other property, personal or real, shall be sold, or exposed for sale in any street or alley, or 183 ORDINANCES AND BY-LAWS TITALE V on any side walk, wharf or pier in the city of Detroit, or at the door C_HAPTER 34. Nogoods to or window of any store or dwelling in said city, by any auctioneer or be sold in streets save other person, except a Marshal, Master in Chancery, Coroner, Sheriff, by process of y law. or Collector, by virtue of an execution or other authority, vested in him by law, except such articles as are permitted to be sold by the second section of this chapter. What may SEC. 2. It shall and may be lawful for any auctioneer, or other be soldin the streets. streets. person not prohibited by law, to sell or expose for sale, at auction or vendue, on any wharf, or in any street of said city, all spirituous7 vinous and malt liquors, cider and other liquors, in casks which shall contain not less than thirty gallons, ship furniture and tackle, car riages, farming utensils, household furniture, animals of every description, and all other goods, wares or merchandise, in packages or parcels, the size of which shall be equal to the bulk of one barrel, or which shall weigh one hundred pounds: Provided, The selling or - exposing to sale such articles does not encumber the side walks or obstruct the streets, so that persons, horses or carriages cannot con veniently pass. m SEC. 3. No bell man, crier, or other means of attracting the 'k,,ellmen ohibited. attention of passengers, shall be used or employed by any auctioneer or other person, for the purpose of collecting bidders at the sale or auction of any property. Penalty. SEC. 4. Any person or persons, who shall violate any of the pro visions of this chapter shall, on conviction thereof, before the Mayor's Court of the city of Detroit, be subject to a fine not exceeding fifty dollars and costs of prosecution. ot lawful SEC. 5. It shall not be lawful for any person to vend or sell at Not lawful to sellncattle public auction or vendue, any horse or cattle in any of the public in certain partsot city. streets of the city of Detroit, south of Campus Martius; and any person offending in the premises shall, for every offence, on conviction thereof before the Mayor's Court of said city, pay a fine not exceeding one hundred dollars and costs of prosecution. Dntyof SEC. 6. It shall be the duty of the Marshal of said city to cause Mar sha pter strictly to be.arried into eect this chapter strictly to be carried into effect. 184 OF THE CITY OF DETROIT. CHAPTER XXXV. TITLE V. CHAPTER 35. Relative to the Manufacture and Sale of Bread. CAPTE 3. SEc. 1. Bakers to obtain permits. SEc. 5. Penalty for selling bread under SEC. 2. How obtained. weight. SEc. 3. Clerk to deliver permit ifgrant- Src. 6 Marshal to be bread inspector. ed. Sme. 7. Penalty for obstructing Mar SEC. 4. Bread to be made of good flour. shal inspecting. SEC. 1. It shall not be lawful for any person to use or carry on the Bbkers to obtain pertrade or business of a baker, either in person or by employing any other mits. person to use or carry on the said trade or business, under his or her direction, or for his or her profit or benefit, within said city, without having obtained from the Common Council a permit for that purpose, under a penalty not exceeding fifty dollars. SEc. 2. Every person desirous to use or carry on said trade or Howobtain ed. business, shall make application in writing to the Common Council, setting forth the street and house in which he or she intends to carry on said trade or business, and shall accompany such application with a recommendation signed by at least twelve respectable householders of said city, certifying that such person is qualified to carry on said business, and that he or she is of good fame and correct and orderly de portment and behavior. SEc. 3. If the Common Council shall grant such application, the Clerk to de liver permit Clerk shall deliver such person a permit for the purpose aforesaid, for if granted. which he shall be entitled to receive fromn such person the sum of twenty-five cents; and the said permit shall be in force till the second Tuesday in March then next ensuing. SEC. 4. All bread manufactured by the bakers of this city for sale, Bread to be made of good shall be made of good and wholesome flour or meal into loaves of one dour. pound and two pounds avoirdupois weight, and every loaf of such bread shall be marked with the numbers indicating the weight of such loaf, and also with the initial letters of the name of the baker thereof; and if any baker or other person shall offer or expose for sale any bread made of unwholesome materials, or any bread not so marked, except as aforesaid, every such baker or other person so offending shall forfeit and pay for each loaf, a sum not exceeding twenty-five dollars. SEC. 5. If any baker shall make for sale, or shall sell or expose Penalty for selling bread for sale, any bread that shall be deficient in weight, according to the under weight requisitions prescribed in the preceding section of this Chapter. he shall 24 185 ORDINANCES AND BY-LAWS TITLE V. forfeit and pay for every such offence the sum of ten cents for every CHAPTEIR 35. ounce that such bread shall be deficient in weight: Provided, always, That such deficiency in the weight of such bread shall be ascertained by the inspector of bread, by weighing or causing the same to be weighed in his presence, within eight hours after the same shall have been baked, sold or exposed for sale: And provided, further, That whenever any allowance in the weight shall be claimed on account of any bread having been baked, sold or exposed for sale more than eight hours as aforesaid, the burden of proof in respect to the time when the same shall have been baked, sold or exposed for sale, shall devolve upon the defendant or baker of such bread. Marshaltobe SEC. 6. The City Marshal shall, ex-oficio, be inspector of bread, bread Inspector.i and it shall be his duty, and he is hereby authorized and required from time to time, and not less than once in each month, at all sea sonable hours, to enter into, and inspect and examine every baker's shop, store house or other building where any bread is or shall be baked, stored or deposited, or offered for sale, and to inspect and examine all bread found therein, and also to stop, detain and examine in any part of the said city, any person or persons, wagons or other carriages, carrying any loaf of bread, and weigh the same, and determine wheth er the same are in violation of the true intent -Id meaning of this Chapter; and if the said inspector shall find any bread not conform able to the directions herein contained, or any part of them, he shall make complaint thereof for the purpose of having such person prose cuted according to law. Penalty for SEC. 7. Any person or persons, who may obstruct, or in any manobstructing Marshal in- ner impede or wilfully delay any person legally qualified. in the exespecting. I cution of his duties under this act, either by refusing to him or delaying his entrance or admission into any of the places above men tioned, or by refusing or omitting to stop their wagon or carriage as aforesaid, or in any other manner whatsoever, so that the due execu tion of this act, or any part of it may be impeded or obstructed, every such person shall, for every such offence, on conviction thereof before the Mayor's Court, forfeit and pay a sum not exceeding fifty dollars, and costs of prosecution, and further, his, her or their license as a ba ker, if any has been granted to such person, shall be forfeited 186 OF THE CITY OP DETROIT. CHAPTER XXXVI. TITLE V. Relative to the Sale of Firewood. CHAPTE 6. SEc. 1. Inspectors of firewood may ap- SEc. 2. Persons selling wood contrary point deputies; they mnay to certificates, how punish when required,measure wood ed. and give certificates of quan- SEc. 3. How venders shall stand in tity. streets. SEC. 1. The Inspectors of Firewood shall have power to appoint Iinspectors of one or more deputies, (each of whom shall before exercising the duties may appoint deputies. of their office, take and subscribe the same oath as their principal hath Thheeyrn mray quired taken, and file the same in the Clerk's office,) and the said Inspectors measure wood and and their deputies shall, when required by either th e seller or pur- give certifi cate of quanchaser (but not otherwise) of any firewood brought within the limits tity. of said city, by water craft, wagons or other conveyances, for sale, inspect and measure the same, and give a certificate of the date and amount of such measurement, in words of full length, and they shall receive for every cord or load (if offered for sale by the load) of wood so measured;,- from the party requiring the same, the sum of six cents, and every cord of wood measured, as aforesaid, under the provisions of this Chapter, shall be computed to contain one hundred and twenty-eight cubic feet, well stowed and packed, due allowance being made for all crooked sticks. Sec. 2. If any person within the limits of the city, who having Persons sel ling wood obtained such certificate, shall sell or otherwise dispose of such wood contrary to certificate contrary to the same, or attempt to impose a false certificate in the how punish ed. sale thereof, he shall for each offence, on conviction before the Mayor's Court, forfeit and pay a fine not exceeding twenty-five dollars and the costs of prosecution. SEc. 3. Vendors of Firewood shall not congregate, with their loads, Howvendors shall stand in numbers exceeding three loads, within a space of three hundred feet in streets. in length, upon any street, alley, or public ground, within the limits of the city, and when more than three persons shall be found standing, with their loads of wood, within such prescribed distance of three hundred feet aforesaid, each of them shall be liable to a penalty of ten dollars and costs of prosecution, for each offence, upon conviction before the Mayor's Court. 187 ORDINANCES AND BY-LAWS TITLE VI. TITLE SIX. CHAPTER 37. OF TEPREVENTION OF FIES. 0P THE PREVENTION OF FIRES. CHAPTER XXXVII. Relative to the Fire Department of the City of Detroit. Sa,c. 1. Of whem the Fire Department may consist. Sac. 2. Engineers, how appointed; Al dermen ex-officio wardens; other wardens, how appoint ed; fir e gua rd established. SEC. 3. Duties of Engineers at fires. SEC. 4. Of the Chief Engineer. SEC. 5. Duties of Chief Engineer. SEc. 6. Duties of Fire Companies. SEc. 7. Duties of HIosemen. SEC. 8. Certificate of Firemen. SEC. 9. Badges of Mayor, &C. SEC. 10. Badge of Chief Engineer. SEC. 11. Of Engineers. SEc. 12. Badge of Wardens. SEC. 13. Badge of Foremen. SEC. 14. Of Sextons and Alarm Bells. SEc. 15. Duties of Watchmen. SEc. 16. Penalty and arrest for diso beying orders at fires. Sec. 17. For refusing to work at fires. SEc. 18. For injuring fire apparatus. SEa. 19. Duty of Marshal and Consta bles at fires. SEc. 20. Of pulling down buildings at fires. SEc. 21. Fines to inure to Fire De partment, and duties of War dens. SEc. 22. IJnlawful use of Fire Engines' SEc. 23. Term of Office of Wardens. SEc. 24. Appointment of Wardens. SEc. 25. No Engine shall be run on sidewalks; penalty. SEc. 26. False alarms; penalty for. Relative to SEC. 1. The Fire Department of said city shall consist of a Chief the fire de- Engineer, an Engineer, Assistant Engineer, and as many other Engipartment of the city of Detroit. neers, Fire Wardens, fire engine men, hose men, hook and ladder men, axe men, and bag men, as may from time to time be appointed by the Common Council, and who shall be respectively distinguished by the appellations aforesaid. Of whom the SEC. 2. The Chief and Assistant Engineers, when nominated by ifte depart- Fie-ec irendeart may the Fire p)epartment, may be appointed in the month of April in each cenenet a year. The Aldermen of this city shall be ex-officio Fire Wardens for their respective wards: in addition to those who are ex-officio Fire Wardens, there shall be appointed eight Fire Wardens in each ward of said city; such Wardens shall be appointed by the Common Council from among such persons as may be nominated or recommended by the Board of Fire Wardens; and the said Wardens so appointed, to gether with those who are ex-ofiicio Wardens, shall be and constitute a fire guard: And it shall be the duty of such fire guard to attend at every fire that may occur within the limits of said city, and take charge and possession of all property removed from buildings at fires, and to deliver the same to the City Marshal, or in his absence, to a City Con stable, to be delivered to the City Marshal to store: or otherwise protect the same until it is claimed by the owner or owners, and upon such iss OF THE CITY OF DETROIT. claim to deliver up the same to the owner or owners, upon the pay- TITLE VI. CHAPTE,R 37. ment to the City Marshal of all expenses nesessarily and actually incurred in and about the care and protection of such property, and for which a receipt shall be given by the Chief Warden: And the said fire guard are hereby invested with all necessary authority for the purpose of taking charge and possession of such property, and at every fire every Warden shall report himself to the Chief Warden, and be subject to his directions, and the Chief Warden shall report himself to the Chief Engineer, and be subject to his directions, and to the direction of the the other Engineers of the Fire Department; and it shall be the further duty of said Fire Wardens to prevent the hose from being trodden on, and to keep all idle and suspected persons from the fire and its vicinity, and also to use all proper exertions within their power for the preservation of goods and other property endangered at fires; and all citizens are hereby enjoined and required to comply with the directions of said Fire Wardens: Provided, Such directions be not in opposition to the orders of the person having supreme control at said fire. SEC. 3. All the said Engineers on an alarm of fire shall immedi- Duties of Engineers at ately repair to the place where the same is, and report themselves to fires. the Chief Engineer or person having command of the Fire Department for the time being, under a penalty for every wilful neglect not exceeding fifty dollars. SEC. 4. The Chief Engineer shall have full power, control and Ofthechief command over all persons whatever at any fire, except members of Engineer. Common Council, and in his absence the Engineer shall perform his duties. In the absence of both the Chief Engineer and the Engineer, the Assistant Engineer shall discharge them; and in the absence of all the Engineers, the Mayor, or in his absence the Recorder, shall designate some person to discharge the said duties until the proper officer may arrive. SEc. 5. That it shall be the duty of the Chief Engineer to direct Duties of at all fires all such measures as he may deem most advisable for the chifEngieffectual extinguishment of the said fires, and also once in every six months to examine the condition of the fire engines and other apparatus, together with the engine house belonging to the corporation, and report the same to the Common Council, accompanied by the names and number of all the members of the Fire Department, and 189 OR1)INANCtS AND BY-LAWS TITLE vT. the respective associations to which they belong, which shall be annilCHAPTER 37. ally published in the month of December, by the Clerk of said city, in such newspaper of the said city as shall be employed by the Com mon Council; and whenever any of the said fire engines or other fire apparatus shall require to be repaired, the Chief Engineer shall cause the same to be well and sufficiently done, and he shall report in wri ting all accidents of fire that may happen in this city, with the causes thereof, as well as can be ascertained, and the number and description of the buildings destroyed or injured, together with the names of the owners or occupants, to the Clerk of the city, who shall keep a faith ful register of the same. Duties of fire SEC. 6. The fire engine men shall be divided into companies, to companies. consist of as many members as the Common Council shall direct, one of which companies to be assigned to each of the fire engines belong ing, or that may hereafter belong to the city, and that each of the said companies shall and may choose out of their own number, a foreman, assistant and clerk, in such manner, and at such times as they may think proper. And it shall be the duty of said fire engine men, as often as any fire shall break out in the said city, to repair immediately upon the alarm thereof, to their respective fire engines, and convey them to or near the place where such fire shall happen, and then in conform ity with the directions given them by the Chief Engineer or Engi neer, shall work and manage the said fire engines, hose and other implements and instruments thereto belonging, with all their skill and power; and when the fire is extinguished, shall not remove therefrom but by the direction of the Chief Engineer or of the other Engineers; which direction being obtained, they shall return with their respective fire engines, and with the hose and other implements to their several places of deposit, and as soon as may be thereafter, wash and clean the same; and for the more effectually keeping and preserving the fire engines from decay, the said fire engine men, when the season of the year will permit, shall by order of the Chief Engineer, draw out the said fire engines, in order to wash, cleanse, and exercise them; and if any fire engine man shall neglect said duty, he shall forfeit and pay for every default, one dollar; and if he shall neglect to. attend to any fire as aforesaid, or leave his fire engine while at any fire, without permis sion, or not perform his duty on such occasion, without reasonable ex 190 OF THE CITY OF DETROIT. cuse, he shall for every default forfeit and pay a sum not exceeding TITLE VI. CHAPTER 37. five dollars, and also be removed and displaced from his station. SEc. 7. The hose, hook, ladder, axe and bag men, shall be divided Duties of into companies, to consist of as many members as the Common Coun- hosemen. cil shall direct, and each company shall choose, out of their own number, a foreman, assistant and clerk, in such manner and at such times as they may think proper, and it shall be the duty of such hose, hook, ladder, axe and bag men, to cause their hose, hooks, ladders and other implements to be conveyed to the place where any fire may happen, and to apply and use the same agreeably to such directions as they may receive from the Chief Engineer, or other Engineers; and after such fire shall be extinguished, to return the same, when dismissed by the Chief Engineer, to the places where they are usually deposited, and as soon as may be thereafter wash and cleanse the same; and if any hose, hook, ladder, axe or engine man shall wilfully neglect to perform any of the duties aforesaid, he shall forfeit a sum not exceeding five dollars for every such neglect, and also be removed and displaced from his station. SEC. 8. Whenever any fire engine man, hose, hook, ladder, axe Certificate of and bag man is elected a member of any fire company or to supply firemen. any vacancy therein, it shall be his duty to call on the Treasurer of the Fire Department, and procure a certificate within one month from the date of his election, countersigned by the City Clerk, specifying the name and number of the company to which such fire engine man, hose, hook, ladder, axe and bag man shall be elected; and if any fire engine man, hose, hook, ladder, axe and bag man, whose office, from any cause may become vacant, shall be re-elected, he shall take up a new certificate as aforesaid; and it shall be the duty of the Chief Engineer to certify on each certificate whether a vacancy exists in the company to which any fire engine man, hose, hook, ladder, axe and bag man shall be elected as aforesaid. And if such certificate shall not be procured within the time above prescribed, such appointment shall be null and void. SEC. 9. The Mlayor and Aldermen shall severally bear a staff, with Badges of a gilded flame at the top, and not be required to bear, any other badge Mayor &C of office. SEc. 10 The Chief Engineer shall wear a painted leathern cap, Badge of with the words " Chief Engineer" painted on the frontispiece thereof, ahirfEn 191 ORDINANCES AND BY-LAWS TITLE VLI and shall also carry a bright speaking trumpet, with the words CHAPTElt 37. "Chief Engineer" painted thereon. Of Engineers SEC. 11. The Assistant Engineers shall wear painted leathern caps with the words "Engineer No. 1," and "Engineer No. 2," painted on the frontispiece thereof; they shall also carry a speaking trumpet with the words "Engineer No. 1," and "Engineer No. 2," painted thereon. Badge of SEC. 12. The Fire Wardens shall severally wear a hat, with the Wardens. word "Warden" painted on the frontispiece thereof; and shall also carry a staff with the word" Warden" painted thereon. Badge of SEC. 13. The foreman and assistant foreman of the engine, Foremen. hose, hook and ladder companies, and the members of said companies shall wear leathern caps of the form heretofore in use, and the said caps shall be distinguished in the manner following, viz: the cap of each foreman shall have the word "Foreman" painted on the fron tispiece of the same, together with the number of the engine or com pany to which he may belong; and each member of an engine, hose or hook and ladder company, shall have the number of the engine or company to which he belongs painted upon the frontispiece of his cap. Of sections SEC. 14. The Sextons of the several churches of this city which and alarm bell..now are, or hereafter. may be furnished with bells, shall immediately on the alarm of fire, repair to the several churches with which they are connected, and diligently ring said bells during twenty minutes, unless the fire be sooner extinguished, under the penalty of two dollars for every such omission: Provided, That when a chimney only shall be on fire either by day or by night said bells shall not be rung. Duties of SEC. 15. It shall also be the duty of every watchman or patrol, watchmen. upon the breaking out of any fire, to alarm the citizens by crying out "fire," and mentioning the street where it may be on his going to and coming from the next and nearest watch stations, that the alarm may be rapidly passed from one watch station to another, and the firemen and citizens may thereby be generally directed where to repair. Penalty and SEC. 16. All persons who at a fire shall refuse to obey any order arrest for disobeyingor- or direction given by a person duly authorized to order or direct, or diers at fires. who shall resist or impede any officer or other person in the discharge 192 OF THE CITY OF DETROIT. of his duty, shall, in the absence of sufficient excuse, be punished by TITLE VIT. CHARTERP 37. fine not exceeding fifty dollars, and any member of the Common Council or any Fire Warden may arrest and detain such person in custody until such fire is extinguished; and such person then failing to enter into a sufficient recognizance for his appearance at the next term of the Mayor's Court, may be committed until such term of said Court. SEc. 17. It shall be lawful for the Foreman or Assistant Fore- Forrefusing to work at man of any fire engine or other fire company, or for any member of fires. the Common Council, Chief Engineer or Assistant, or any Fire Warden, to require the aid of any citizen or inhabitant in drawing any engine or other apparatus to the fire, or the aid of any bystander at a fire, to work any engine or apparatus at the same, and on neglect or refusal to comply with such requisition, the offender shall pay a penalty not exceeding ten dollars with costs of suit upon conviction thereof, before the MIayor's Court, unless sufficient cause for such refusal or neglect is alleged at the time; and if not deemed to be true or sufficient, is made to appear on the trial. And such person may be arrested and proceeded with, in the same manner as is provided in section 16, and more effectually to carry out the provisions of this section, it shall be the duty of the Chief Warden to nominate to the Contmon Council one suitable person from each Fire Engine Company, to be appointed by them a Fire Warden, and to be assigned and attached to the company of which he is a member. SEC. 18. If any person shall wilfully injure, in any manner, any Penalty for injuring fire hose, fire engine or other apparatus, or building containing the same, apparatus. belonging to this city, the offender shall, for every such offence, forfeit and pay the sum of twenty dollars, besides being liable to an action for the recovery of the damage done. SEC. 19. The Marshal and every Constable shall repair imimedi- Dutyof Marshal and ately on the alarm of fire, with their staff of office, to the place where Constable at fires. the fire may be, and report himself to any member of the Common Council, for the preservation of the public peace, and the removal of all idle and suspected persons, or the preservation of property in the vicinity of the fire; and if the Marshal or any Constable shall neglect to comply with the provisions of this section, he shall pay a fine not exceeding fifty dollars, ol be subject to removal from office. 25 193 ORDINANCES AND BY-LAWS TITLE VI. SEC. 20. The hook and ladder and axe men shall, under the CHAPTER 37. Of pulling direction of the Chief Engineer, and two members of the Common down buildatdfires.ild Council present, or in the absence of the Chief Engineer, then under the directions of the Assistant Engineer and two members of the Common Council, or in the absence of all the Engineers, then under the directions of three of the Common Council, if so many be present, cut down and remove any building, erection or fence, for the purpose of checking the progress of the fire. Fines enure SEC. 21. Semi-annually, in the months of March and September, to fire department and provided by this or the succeeding chapter relative to tho duty of War- all fines bscdge dens. dens. prevention of fires, shall enure to the benefit of the Fire Department, when collected, after deducting all costs and expenses incurred in the prosecution thereof; and any specified sum as a fine may be paid by the person liable therefor, to such of the Fire Wardens as shall be designated by the Trustees of the Fire Department, and such Fire - Wardens shall note in a book, to be furnished by the said Trustees, all violations of this and the succeeding chapter, and make an annual report thereof to the Treasurer of the Fire Department; and the said Fire Wardens shall also pay all moneys received by them by virtue of this section to such Collector as shall be specially designated by the said Trustees for that purpose. Ulawfu SEC. 22. If any person having charge of any engine or other fire Unlawful use olfire' engines. apparatus, shall suffer or permit the same to be applied to private uses without the consent of the Mayor, Chief Engineer or Common Council, he shall forfeit the penalty of five dollars, together with the damages occasioned thereto. Termofoffice SEC. 23. Fire Wardens shall hold their office during the pleasure of Wardens. of the Common Council, and upon the requisite number of years' service as such Warden, shall be entitled to the same exemptions as other members of the Fire Department for a like term of service. Appoint SEC. 24. The Board of Wardens shall nominate to the Common ment of Wardens. Council whenever necessary, the names of persons to fill vacancies occurring in their body. No engine SEC. 25. Any member of the Fire Department of the city of shall be run on sidewalks. Detroit, or other person, who is not a member of said Department, Penalty. who shall hereafter run, place, or wheel upon any sidewalk, or aid or assist in running, or placing any fire engine, hook and ladder truek7 194 OF THE CITY OF DETROIT. or hose company cart, upon any sidewalk adjoining or laying along TITLE VI. CHAPTER. 38. side any paved street, or alley, in said city, between the hours of six o'clock A. M., and ten o'clock P. M., or at any time when returning from fires. shall, for every such offence, on conviction thereof before the Mayor's Court of said city, be punished by a fine not exceeding five dollars, with costs of prosecution; and if a member of the Fire Department, by suspension or expulsion, or either, at the discretion of said Court. SEC. 26. It shall not be lawful for any person or persons, without False alarms Penalty for. reasonable cause, by outcry, or ringing of the bells, or by proclaiming fire, or by any other means whatsoever, to make or circulate, or cause to be made or circulated in any ward in the city of Detroit, any false alarm of fire, and the person or persons so offending, shall be punished on conviction before the Mayor's Court, or any other proper Court in said city to try the same, by a fine not exceeding one hundred dollars, or by imprisonment in the County Jail not exceeding sixty days: Provided, however, That all proceedings under this ordinance shall be had on complaint before the proper Court or Magistrate CHAPTER XXXVIII. Relative to the Prevention of Fires. SEC. 1. Of the Board of Wardens. SEC. 2. Semi-annlual inspections of the city. SEc. 3. Of cleaning chimneys, penalty if they take fire and abating cause of danger in chimneys. SEC. 4. Penalties for disobeying Fire Wardens-owners of premi ses liable for expense of exe cuting directions of Wardens. SEc. 5. Securing stove pipes and burn ing chimneys. SEc. 6. How chimneys shall be con structed. SEc. 7. Of carryiingfire through streets., SEc. 8. Securing ashes. Src. 9. Of fireworks and firearms. Sjc. 10. Of cannon. SEaC. 11. Of scuttles. SEC. 12. Shavings and combustibles. SEC. 13. Fires in the street. SEc. 14. Keeping of hay and straw. SEC. 15. Powder. Sec. 16. Common Council to appoint . a suitable person to be lkeeper of the magazine. SEc. 17. Powder may be seized, when SEca. 18. Where powder to be kept,and in what quantities. ~ SEc, 19. Chief Wardens or Marshal of the city to dispose of powder seized, and how commanders and owners of vessels having powder on board to land the same. SEC. 20. How powder to be conveyed through the streets. SEC. 21. Of lading and unlading pow de- in the city. SEC. 22. Lights not to be kept in sta bles. SEc. 23. Parents and masters to be liable for violation. SEC. 1. The Fire Wardens shall constitute a board, of whom a 0ftheboard of Fire Warrepresentation from three or more wards shall be a quorum for the dens. purpose of considering the most efficient and prompt manner of dis 195 ORDINANCES AND BY-LAWS TITLE VI. CHAPTER 38. charging the duties imposed on them by the laws and ordinances of the city; they shall choose from their number a Chief and Clerk, at such time and such manner as they may designate. The Fire War dens of the respective wards shall notice and correct any infractions of the laws and ordinances made for the protection of the city fromt fires, in their respective wards particularly, and in the city generally, and shall make reports by their foreman, to be by them respectively chosen, of the state and police of their respective wards, as respects danger from exposure to fires, on the first Mondays of June and December in each year to the Chief Warden, who shall make report of the same in reference to the city generally, to the Common Council; and the Board may impose such fines upon the members as, in their judgment, may best secure the performance of the duties of said Fire Wardens, both at fires and in visiting buildings, and in other duties in their several wards, and for non-attendance at regular or special - meetings of the Wardens; and any disobedience to such rules shall be reported to the Common Council, and shall subject the Fire Warden so disobeying to fine and removal by the Common Council. Semi-annual SEC. 2. It shall be the duty of the Fire Wardens, or either of inspection of the city. them, in their respective wards, twice in each year, viz: in the months of May and November, and as much oftener as may be deemed proper, between sunrise and sunset, to enter into any house or building, lots, yards or premises in said city, and examine the fire places, hearths, chimneys, stoves and pipes thereto, ovens, boilers, or other apparatus likely to cause fire; also, the places where ashes may be deposited, and all places where any gunpowder, hemp, flax, tow, hay, straw, rushes, shavings, or other combustible materials may be lodged; and the said Fire Wardens shall give such directions in regard to the several foregoing matters as they or any of them may think expe dient, either as to the removal and alteration, or better care and management thereof; which directions shall be obeyed and complied with by the person or persons directed in that behalf, and at their expense. SEC. 3. The said Fire Wardens shall also have authorityto cause chimneys to be burned out or otherwise cleaned, whenever they shall deem it necessary, and to require the tenant or tenants, owner or owners of any blacksmith's shop so to alter or construct, (as the case Of cleaning chimneys. Penalty if they take fire. 196 OF TlHE CITY OF DETROIT. may require.) the chimneys in said shop as to prevent sparks of fire from TITLE VI. CHAPTER 38. passing into the open air, and may require the ceiling or sides of any shop or any part thereof to be plastered. Every occupant of premises Abating cause of whose chimneys shall take fire, except when burned out under the dhingerys. direction or by the permission of a Fire Warden, shall be fined one dollar for each infraction of the law; and also to remove or abate, with the consent of the Mayor, Recorder or any Alderman, (and in neglect or refusal of the owner or occupant,) any cause from which im mediate danger of fire may be apprehended, at the expense of the person who should have done the same; and to remove or abate, in manner above prescribed, any other cause whatever from which immediate danger of fire may be appr ehended, at the expense of the person or persons occasioning the same. The said Fire Wardens are hereby empowered at any regular or special meeting of their Board, to require that chimneys shall be swept or cleaned by owners or occupants, as the -case may be, at such periods, and under such regulations as they may prescribe; and for every case of neglect or refusal, the parties offending shall forfeit and pay a penalty of one dollar, and for every subsequent case of neglect or refusal, after being thereto specially required by a Fire Warden, a penalty of one dollar in addition. SEc. 4. If any person or persons, shall neglect or refuse so to Penalty for disobeying comply with any such directions, as any of said Fire Wardens may Fire Warden. give in the premises; or shall obstruct or hinder any Fire Warden or his assistants, in the performance of his duty, the person so offending shall forfeit and pay for every such neglect, non-compliance or hindrance, a sum not exceeding fifty dollars, and for every day which shall elapse after the time alotted for such removal, alteration, better care or management, without compliance with such directions, the said person shall also forfeit and pay a further and additional sum of five dollars; and all expenses caused in carrying into effect the directions of the Fire Wardens. shall in the first instance be paid by the occu- Owners of pant of the premises, and shall be deducted from the rent payable liraebleforsex penses of by him, her or them, unless such diectionswere rendered necessary by Pexecuting direction of the act or default of said occupant, or there be a special agreement to Wardens. the contrary between the landlord and said occupant; and it shall also be the duty of said Fire Wardens to ascertain whether or not their directions are duly complied with, and in case of non-compliance, or in case of any violation of this chapter, to report the names 197 ORDINANCES AND BY-LAWS TITLE YI. of all the offenders. with the particular circumstances, to the Common CHAPTER 38. J Council, who may thereupon cause such offenders to be prosecuted for the recovery of the penalties incurred by them. Securing SEC. 5. No pipe of any stove or franklin shall be put up in any stove pipe anid burning house or building, unless it be conducted into a chimney made of chimneys. brick or stone; nor shall any person at any time set fire to any chimney for the purpose of cleaning the same. without previous con sent of the Fire Warden of the proper ward; any person putting up, or procuring to be put up, the pipe of any stove or franklin, or doing any other act contrary to this section, shall for every offence forfeit five dollars, and the further sum of one dollar for every twenty-four hours the same shall remain so put up, after notice by any Fire War den to alter the same. How chim- SEC. 6. Every chimney hereafter to be erected, and all chimneys neys shall be constructed. whatever, shall be plastered with lime and sand on the inside thereof, - under a penalty of twenty-five dollars, and a further penalty of ten dollars for every fifteen days neglect to alter or take down the same, after a notice given by any Fire Warden for that purpose. It shall be the duty of the Engineers or Fire Wardens to take notice of all chimneys when the same are being constructed, and ascertain whether they are in conformity with the requirements of this chapter, and if not, make report to the Common Council. Chimneys shall be so con structed or altered as to admit of the flues therein being swept or cleaned from top to bottom, under the same penalties for neglect or refusal as are prescribed in section three. Of carrying Soc. 7. No person shall carry fire in or through any street or lot fire through streets. except the same be placed or carried in some close and secure pan or vessel, under a penalty of five dollars for each offence. Securing SEC. 8. No ashes, except at muanufactories where ashes are used, ashes. ashes. shall be kept or deposited in any part of this city, unless the same be in a close and secure metalic or earthen vessel, or brick or stone ash-room, under the penalty of one dollar for every twenty-four hours the same shall remain after notice from a Fire Warden to remove the same. Of fire works SEC. 9. No person shall fire or set off any squib, cracker, gunand fire arms powder or fire works, or fire any gun or pistol in any part of this city, unless by a written permission of the i3layor or two Aldermen, which permission shall limit the time of such firing, and shall be subject to 198 OF THIE CITY OF DETROIT. be revoked at any time by the Common Council; and any person or TITLE VI. persons violating any of the provisions of this section, shall forfeit -T3 the penalty of five dollars for each and every offence. SEC. 10. Every person firing a cannon within this city, unless by Ofcannon. permission of the Mayor or two Aldermen, shall forfeit the penalty of twenty-five dollars: Provided, That nothing in this or the preceding section shall be construed to prohibit any military company from firing any gun or cannon when authorized by their commanding officer or officers. SEc. 11. Every dwelling house or other building more than one Of scuttle& story in height within this city, shall have a scuttle through the roof, and a convenient and suitable stair way or ladder leading to the same; and any person constructing such dwelling house or building, without such scuttle, and every owner of any such house or building now erected, (not having other permanent and convenient means of access to the roof,) neglecting to comply with the requisitions of this section for the space of thirty days after notice from a Fire Warden, shall forfeit twenty-five dollars, and the further sum of five dollars for every ten days the non-compliance shall continue to exist. SEC. 12. It shall not be lawful for any person or persons to have Ofshavings and combusin his or her possession, any shavings, wood or fuel of any descrip- tibles. tion, combustibles, or any materials that may occasion hazard or danger of fire unless the same shall be'placed in such situation, and be secured in such manner as shall be directed by the Fire Wardens, or either of them, of the ward in which either of the before enuinerated articles shall be deposited; and all carpenters, cabinet-makers, turners, coach makers, wheelrights, coopers, and others, using any trade by which shavings are made, shall respectively, at the close of each day, on leaving off work, cause the place where such shavings are, to be swept, and the shavings to be carefully gathered and placed in boxes, or to be otherwise compactly and securely stowed in some safe place, remote from danger, by means of fire or candle light, and so to be kept until the same shall be taken away from such premises, as aforesaid, under the penalty of five dollars for each omission or offence herein. SEC. 13. It shall not be lawful to burn any shavings in any street, road or lane, or to kindle any fire or any other combustible matter 199 ORDINANCES AND BY-LAWS TITLE VI. in any street, road or laine or on any wharf in this city, under CHAPTER 38. n Fires in the a penalty not exceeding ten dollars for each offence, to be recovered streets. streets. from any person or persons aiding or assisting therein. keeping of SEC. 14. No person shall have, put or keep any hay or straw hay and straw. uncovered in stack or pile, within three hundred yards of any build ing within the limits of this city: Provided, however, That nothing herein shall be construed to prevent landing hay or straw on any of the wharves of this city, or to prevent carting the same to or from any part of the said city; nor shall any person have, put or keep, within the said city, any hay or straw, hemp, flax, tow, shavings or rushes, in any stable or other building which is, or shall be, within such distance from any chimney, hearth or fire place, or place for depositing ashes, nor in any dwelling house whatever, as may be deemned unsafe or dangerous by the Fire Warden of the proper ward, under a penalty not exceeding twenty-five dollars for each and every - offence, to be recovered with costs of suit, and the further sum of ten dollars for every twenty-four hours the same shall so remain after due notice given in writing to the offender, by the Fire Warden or other officer. SEC. 15. No powder shall be deposited in any magazine, unless Powder. the same be approved by the Common Council. Keeper of SEC. 16. The Common Council shall appoint a suitable person to magazine. be the keeper of the magazine, and he shall be entitled to demand and have twenty-five cents on each keg of powder received, stored and delivered by him, to be paid by the person for whom it is stored. Powder to be SEc. 17. If any fireman, during a fire, and in the vicinity thereof, seized. seized. shall discover in any building, a greater quantity than twenty-eight pounds of powder, it shall be lawful for him to seize, without warrant from any magistrate, and convert the same as forfeited to the use of the Fire I)epartment. Where and SEC. 18. There shall not be kept within the limits of this city, how powder to be kept. (except in the magazine of powder of the United States, or of this State,) at any one time, in any one house and its appurtenances, or in any one store and its appurtenances, any greater quantity of gun powder, than the weight of twenty-eight pounds; which twenty-eight pounds of gunpowder shall be well secured in metal canisters, with metal stoppers or covers, neither of which shall contain more than 200 OF THE CITY OF DETROIT. seven pounds weight. All gunpowder which shall be kept in this TITLE vr. CHAPTER 38. city, contrary to the meaning and provisions of this chapter, shall be forfeited by the person or persons so keeping the same; and it shall be lawful for the Mayor, Engineer, or any Fire Warden to seize the same in manner as provided in section 17, and the person or persons so offending shall also forfeit the sum of one hundred dollars for every hundred weight of gunpowder, and in that proportion for a greater or less quantity, so kept contrary to the true intent and meaning of this chapter, to be recovered with costs of suit in the Mayor's Court of this city. SEc. 19. It shall be the duty of the Chief Warden or City Chiefwar den or M~ar Marshal to dispose of all gunpowder forfeited and seized as provided shal to dis pose of in the preceding section, and pay the proceeds arising therefrom to the powder seized, &c, Treasurer of the Fire Department, for the use of said Department taking his receipt therefor, and report the same to the President of said Department. And to avoid dangers from gunpowder laden on board-of any vessel arriving at this port, Be it further ordained, That the commander or owners of every vessel arriving at this port, Commanders and owners and having gunpowder on board, shall, within twenty-four hours ofvesgels having pow der on board, after her arrival before this city, and before such vessel shall be hauled horw to land the same. alongside of any wharf, pier or quay, within the said city, land the said gunpowder by means of a boat or boats, or other small craft, at any place out of the limits, viz: above or below this city, on the Detroit river, and shall cause the same to be stored in some safe place beyond the said limits, until the same shall be conveyed to such magazine as shall be provided by the corporation for the storing of gunpowder, on pain of forfeiting all such gunpowder. SEc. 20. For the more safe conveyance of gunpowder through Of conveying powder the city, to or from any magazine or powder house, the store throughthe streets. keeper shall procure and provide good canvas, tow cloth, or leathern bags, or cases, in order to cover all casks of gunpowder that may be conveyed as aforesaid; and no cartmen or other person shall cart or carry through any avenue, street or lane of this city. by means of any cart, carriage, or by hand or otherwise, any gunpowder, except in tight casks, well headed and hooped, which casks shall be put into such canvas, tow cloth or leathern bags or cases as aforesaid, in such manner as entirely to cover such cask therewith, and the mouths of 26 201 ORDINANCES AND BY-LAWS TITLE VI. such bags or cases shall be securely tied, so that no gunpowder may be spilled or scattered in the passage thereof, on pain of forfeiting all such gunpowder as shall be conveyed through any of the avenues, streets or lanes aforesaid, in any other manner than is hereby directed. Ofladingor SEC. 21. No person, excepting as aforesaid, shall be permitted to unlading powderinthe city. lade or unlade any greater quantity of gunpowder than twenty-eight pounds, in or from any vessel at any of the slips or wharves in the city, under the penalty of forfeiting a sum not exceeding one hundred dollars for each offence. Lights in SEC. 22. No owner or occupant of any livery or other stable stables. within this city, nor any person in the employment of such owner or occupant, shall use therein any lighted candle or other light, except the same be securely kept within a horn, tin or glass lantern, under a penalty not exceeding ten dollars for each offence, to be recovered with costs of suit. Liability of SEC. 23. If any offence shall be committed against this chapter parents and masters. by any child, apprentice or servant, the forfeiture and penalty shall be recovered from and paid by the parent, master, or mistress of the party offending. CHAPTER XXXIX. Relative to the erection of certain Buildings within certain linzits, SEC. 1. Wooden buildings, where pro- Sec. 5. Building not to be remnoved! hibited; penalty. within fire limits; penalty. SEC. 2. Barsns and woodhouses of cer Sc. 2 Barns anz woodbouses of cerp d SEC. 6. Height of buildings without fire tain size permitted. limits, SEC. 3. Partition walls. Sac. 4. Certain repairs prohibited; pe- SEC. 7. Lime kilns prohibited. nalty. SEC. 1. No person shall hereafter erect or place any building or any part of a building within the following limits, unless such buildin. g or part of a building shall be constructed of stone or brick, with party or fire walls of the same material. rising at least ten inches above the roof, if the same be covered with metal or slate; if with wood, then at least two feet, viz: -Beginning at a point in the Detroit river where the easterly line of St. Antoine street extended will strike said river, thence up said St. Antoine street to a point south of Jefferson avenue,- within one hundred feet of the southerly line of Jefferson avenue, thence in a line parallel with said southerly line east to the Wooden buildings where pro hibited. Penalty. 202 OF THE CITY OF DETROIT. easterly line of the city, thence northerly alone the easterly line of TITLIE VI. CHAPTER 39. the city to a point on said line one hundred feet northerly of the north line of Jefferson avenue, thence westerly in a line parallel with said north line, and one hundred feet distant therefrom, till it intersects with St. Antoine street, thence northerly up the centre of said St. Antoine street to the centre of Croghan street; thence along the cen tre of said Croghan street to the centre of Randolph street; thence along the centre of said Randolph street to Miami avenue; thence along the centre of said Miami avenue to State street; thence along the centre of said State street to the alley between Farmer street and Woodward avenue; thence along the centre of said alley to Grand River street; thence along the centre of said Grand River street to the alley between Griswold street and Woodward avenue; thence along the centre of said alley to State street; thence along the centre of said State street to Cass street; thence along the centre of said Cass street to an alley between Lafayette street and Fort street; thence along the centre of said alley and the continuation thereof to the western line of the city; thence along the said western line of the city to the Detroit river; thence up along the line of said river to the place of beginning. Also, commencing on the north side of Michigan avenue at the corner of Park street and extending up Park street on the east side thereof to Grand River street; thence along Grand River street on the south side thereof'to Woodward avenue in said city; thence along the westerly line of Woodward avenue to the northerly line of Michigan avenue; thence along the northerly line of Michigan avenue to the place of beginning: Also, commencing at a point on the east line of Randolph street, one hundred feet southerly of Gratiot street, running thence in a line parallel to the southeasterly line of said Gratio-t street and one hundred feet distant therefrom to Russell street; thence northerly along the westerly line of said Russell street to a point one hundred feet northerly of said Gratiot street; thence south-westerly in a line parallel to the north-westerly line of said Gratiot street and one hundred feet distant therefrom to the easterly line of said Randolph street; thence southerly along the easterly line of said Randolph street to the place of beginning of this latter description. Also, commencing on the southerly side of Miami avenue, at the point of its intersection with State street, and extending thence westerly up said avenue to Circus street; thence along the 203 ORDINANCES AND BY-LAWS TITLE VT. southerly line of Circus street to Woodward avenue; thence along CHAPTER 39. the easterly line of Woodward avenue to State street; thence along the northerly line of State street to the place of beginning, (said de scription including all that portion of the city which lies between Mi ami avenue, Circus street, Woodward avenue and State street.) Also, commencing on the westerly side of Cass street, at the point of its intersection with the southerly line of the alley which lies between Howard street and Michigan avenue and Abbott street, thence along the said line of said alley westerly to the westerly line of said city; thence southerly along said westerly line of said city to the centre of the alley between Fort street and Lafayette street; thence easterly along the centre of said alley to the westerly line of Cass street; thence northerly along said line of Cass street to the place of begin ning. Also, commencing on the easterly line of Randolph street, at the point of its intersection with the southerly line of Croghan street, thence the said line of said Randolph street to the easterly line of Gratiot street; thence northerly along said Gratiot street to the west erly line of Beaubien street; thence northerly along said line of Beau bien street to the northerly line of Croghan street; thence along said line of Croghan street westerly to the place of beginning. And if any building not made and constructed of stone or brick shall be erected or placed within the aforesaid prescribed limits, contrary to the provisions of this section, the owner or owners, builder or builders thereof shall severally forfeit a penalty of fifty dollars for each and every offence; and also a penalty of fifty dollars for each and every week such building shall so remain within said limits as above pre scribed. Barns and SEc. 2. Nothing contained in the preceding section shall prohibit wood houses of certain the erection within the aforesaid prescribed limits, of any building of size permitted. wood which shall not be more than eight feet square, nor of any wood house for keeping and storing of fire wood, which shall not exceed twenty feet in length, twelve feet in width, and twelve feet in height, nor of any barn which shall not exceed twenty-four feet in length, sixteen feet in width, and not more than twelve feet in height from the common surface of the earth to the top of the plates, with a roof not to exceed one-quarter pitch, provided such small buildings or wood house or barn shall not be made to front upon any street: Provided, 204 OF THE CITY OF DETROIT. That nothing in this section contained shall be construed to allow more TITLE VI. CHAPTER 39. than one such barn or wood-shed on any one lot or premises used as one tenement. SEC. 3. The limits prescribed in section one of this chapter, shall Partition walls, be known as the fire limits of the city of Detroit, and the whole of the ground included within said prescribed limits shall be deemed and taken to be within said fire limits; and in all buildings hereafter to be erected of stone or brick, in blocks of two or more buildings, within said limits, there shall be erected partition walls running at right angles with the street upon which such building shall front, or as nearly at right angles with said street as the plan of the city will admit of, constructed of stone or brick, at least one foot in thickness, and extending at least ten inches above the roof, if such roof be covered with metal or slate; but if of wood, then at least two feet above the roof of such building; and every person, whether owner, part owner, or builder who shall erect or cause to be erected a building or part of a building, contrary to the provisions of this section, shall forfeit the penalty of fifty dollars for every month during which such building shall remain so erected. SEC. 4. No person shall raise or elevate from the ground any Certain re pairs prowooden building now standing within said limits, by constructing hibitet. Penalty. thereunder or thereon another story or part of a story, or in any other way increase the height of said building'; and if any person shall violate the provisions of this section, then he shall forfeit a penalty of fifty dollars, and also a penalty of fifty dollars for each and every week said building shall remain so raised or erected. SEC. 5. No person shall remove any building of wood from one Building not to be removpart, or section, or lot within such fire limits, to any other part, sec- ed within the fire limits. tion or lot within the same; and in case any person shall violate the Penalty. provisions of this section, he shall forfeit the like penalty of fifty dollars; and also a further penalty of fifty dollars for each and every week such building shall be permitted to remain upon the place to which it shall have been removed. SEc. 6. No person shall build, erect or place any building or part Height of building of a building, more than twenty-six feet in height, measuring from the wbUithout fire limits. established grade, or common surface of the ground of the street or alley upon which such building shall front, to the top of the plate of 205 ORDINANCES AND BY-LAWS T ITLE Vir such building; nor shall the roof thereof exceed a quarter pitch unless CHAPTER 40. such building shall be constructed of stone or brick, as provided in section one of this chapter, in any part of the city whatever. And any owner or owners, builder or builders, for hire, who shall at any time build or place any such building within the limits of the city, contrary to the provisions of this section, shall each and severally, upon conviction thereof before the Mayor's Court, pay a fine for each and every offence not exceeding fifty dollars; and the owners thereof shall, on conviction, be subject to a like penalty of fifty dollars for each and every week he, she, or they shall suffer such building (to be hereafter erected,.) to remain within the limits of the city: P)rovided, That nothing in this chapter shall prohibit the erection of steeples or cupola upon any church or any public building, or manufactory estab lishment. Limekilns SEC. 7. No person shall erect or cause to be erected within the prohibited. limits of the city, any lime kiln or building to be used in the manu facture or burning of lime; and if any person shall violate the provi sions of this section, he shall forfeit a penalty of one hundred dollars, and also a penalty of one hundred dollars for each and every weak such lime kiln or building shall be used for the manufacture of burn ing of lime. TITLE SEVEN. OF THE PUBLIC HEALTIt. CHAPTER XL. Relative to Nuisances. SEC. 1. How nuisances may be abated; SEC. 3. Nuisances to be buried; pen penalty for nuisances. alty for not burying. SEC. 2. Marshal to abate, and property Sxc. 4. Duty of Marshal. to be assessed for expenses. How nui- SEC. 1. If any person or persons within the boundaries of the said sance may be abated. city shall permit or suffer on his, her or their premises, of which he, she or they may be the occupant or occupants, agent or agents having charge thereof, either by exercising any unwholesome or offensive trade or calling, or by permitting any building, sewer or other thing 206 OF TIE CITY OF DETROIT. whatsoever, to remain on the premises of which hlie, she or they shall TITLE vII. CIIAPTER 40. be the owner or occupant or occupants, agent or agents having charge thereof, until by offensive and ill stenches or otherwise, they, or any of them, shall become offensive, hurtful or dangerous to the neighborhood or travelers, it shall be the duty of the Marshal, or any other officer of said city, appointed or elected, to give notice to such person or persons to remove such nuisances forthwith; and if the owner or owners, occupant or occupants, agent or agents having charge of such premises, on which such nuisance shall be situate, shall neglect or refuse to remove the same for the space of twenty-four hours after such notice shall have been given, he she or they, on conviction thereof shall be liable to pay a fine not exceeding five dollars for each day Penalty for nuisances. he, she or they shall have permitted such nuisance to remain after notice as aforesaid. SEc. 2. If any person or persons shall, after notice as aforesaid, Marshal to abate and permit any such nuisance to remain, which shall be manifestly dan- propeertY to be assessed gerous or improper, it shall be lawful for the Marshal to remove and for expenses abate such nuisance, either by removing any putrefactions, or by draining the premises, or by filling them up forthwith, under the direction of the Common Council, and the person or persons permitting the same to remain as aforesaid, shall, on conviction thereof, be liable to pay a fine not exceeding thirty dollars, and the expenses of removing such nuisance, together with the costs of prosecution: Provided, The Coinmmon Council may, at the time of the abatement of any such nuisance, or at any time within thirty days thereafter, direct an assessment to be made on the lot or lots from which such nuisance shall have been removed, sufficient to pay all the expenses of removing the same, and when such assessment shall have been levied and collected, it shall be a bar to the recovery of the same by any proceedings in the Mayor's Court, but shall not prevent the recovery of any fines or costs under this chapter, to which any person or persons may have become liable for creating such nuisance, or suffering the same to remain after notice: Provided, Whenever, in the opinion of any two Aldermen of said city, any nuisance of any kind may be dangerous to the health of said city, they may, without notice, by written instructions, signed by them, direct any officer of said city to abate the same in a manner to be by them directed; and the occupant or occupants, owner or 207 ORDINANCES AND BY-LAWS TITLE VTII. owners, agent or agents having charge or control of the premises on CHAPTER 41. which any nuisance shall be so abated, if they refuse to pay the ex pense of abating such nuisance, be subject to prosecution in the May or's Court, for having suffered the existence of such nuisance, and on conviction shall be liable to a fine not to exceed ten dollars and the expenses of removing the nuisance, together with costs. Nuisances to SEC. 3. No person shall deposit or cause to be left, placed or debe buried and penalty for g posited in any part of said city, any dead animal, or any animal, vegenot burrying. table or other substance. which is offensive, or which by process of decomposition, may become offensive, unless the same shall be buried at least three feet below the surface of the ground, and any person of fending in the premises, shall, on conviction, be liable to pay a fine not exceeding fifty dollars, and the expense of removing such nuisance, together with the costs of prosecution. Duty of SEc. 4. It shall be the duty of the Marshal to report to the ComMarshal. mon Council, the existence of any nuisance whatever in said city, and perform such other acts relative to the same according to the general or special regulations prescribed relative thereto. And the Marshal is hereby required to make complaint to the City Attorney of any violation of this chapter. CHAPTER XLI. Relative to Small Pox. SEC. 1. Taverns and boarding houses SEC. 3. Physicians shall report cases of where small pox is to close small pox. doors. SEC. 4. Diseased persons not to go at SEC. 2. Signs to be placed on houses large. where small pox exists. SEC. 5. Mayor may confine persons having. Taverns and SEC. 1. That the keepers of all taverns, hotels and boarding boarding houses wvhere houses within the limits of this city, shall be, and they are hereby small pox is to close doors required whenever the small pox shall be found to exist therein to close them immediately, and to keep them closed against all cus tomers and lodgers, until the patients are removed, and such tavern hotel or boarding house shall be thoroughly cleansed and ventilated, under a penalty not exceeding one hundred dollars for each case of the small pox within their premises, to be recovered in the Mayor's Court, with costs. SEC. 2. That every keeper of a tavern, hotel, boarding house, or house within the limits aforesaid, within whose premises, any person 208 OF THE CITY OF DETROIT. or persons may at any timne be sick of small pox shall be, and he or TITLE VII. CHAPTER 42. she is hereby required to exhibit openly and publicly at his or her Signs to be placed on front door or gate, a sign, with the words "small pox," distinctly and hloauseedswhere small pox legibly written or printed thereon, under such penalty for every wilful exists. omission, not exceeding fifty dollars with costs, as the Mayor's Court may on complaint impose. SEc. 3. That it is hereby made the duty of every practising Physiciansto y y ~~~~~~~~~~~~~report cases physician within the limits of the said city, to report in writing to of smallpox. the Clerk of the city, or to any member of the Common Council, every case of the small pox which he may be called to visit or examine; which report shall contain, as near as may be, a description of the location in the city of each case, and the name of the patient, under a penalty not exceeding one hundred dollars for each day such report shall be withheld. SEc. 4. That it shall not be lawful for any person or persons who Diseased per sons not to may have been, or may be diseased as aforesaid, to go at large within go at large. the limits aforesaid, until advised by a physician that said going at large will not endanger the health of others. SEc. 5. If any person so diseased shall be found going at large, it Mayor may confine pershall be competent for the Mayor, Recorder, or either of the Alder- sons having. men, to send him forthwith to some suitable place to be provided, and if need be, to confine him there so long as the public safety may require. CHAPTER XLII. Relative tofilling whzarves, anrd preserving thepurity of the Detroit 'Liver. SEc. 1. Perishable materials not to be SEC. 3. Deposit to be removed; penalty put into any dock. SEc. 4. No person to expose their naked SEc. 2. No carcasses to be deposited bodies; penalty. within a quarter of a mile of shore. SEC. 1. That no person shall deposit or put into any dock or Perishable materials not wharf within the limits of said city, any straw, hay or green boughs, to be pnut in to any dock. manure, cord wood, or any vegetables or perishable materials whatever, and any person or persons offending against the provisions of this section, shall, on conviction before the Mayor's Court, for every offence, forfeit and pay a sum not exceeding twenty-five dollars, and costs of prosecution 27 209 ORDINANCES AND BY-LAWS TITLE VII. SEC. 2. No person or persons shall deposit in the Detroit river, CHAPTER 43. No carcasses within a quarter of a mile from the shore, in front of this city, or to be depositedartof withinawithin the distance of half a mile above or below the limits thereof, quarter ofa mile of the shore. any dead carcass, or any filthy or offensive matter of any kind what soever, or any substance which, by any process, can become putrid or offensive, or which may in any manner render the water of said river within the limits aforesaid, unhealthy or impure, and any person or Penalty. persons offending herein, shall, on conviction thereof, be fined in a sum not exceeding fifty dollars, with costs of prosecution. Deposit to SEC. 3. It shall be the duty of all the city officers to notice any be removed. violation of this chapter, and to require all persons guilty thereof to remove all deposits of the description, and within the limits aforesaid, and on their failing to do so, to cause the same to be removed, at the expense of the corporation, which amount shall be reimbursed by the person or persons guilty of making such deposits, in addition to the penalty imposed by the foregoing section. No person to SEC. 4. It shall not be lawful for any person or persons, to expose expose their nakedbodes thnake d aked bodies, by bathing or otherwise, within the limits of said city, or in front thereof, between the hours of four of the clock in the forenoon, and nine of the clock in the afternoon, under a penalty not Penalty. exceeding ten dollars and costs, for each offence. CHAPTE IR XLIII. Relative to Grave Yards. SEC. 1. Public yards. SEC. 8. Penalties. SEC. 2. Duty of Sexton. SEC. 9. Clerk to register lots sold. SEC. 3. Where corpses to be buried. SEC. 10. Alleys in grave yards not to be SEc. 4. Sexton's fees. obstructed. SEc. 5. Lots and half lots how pur- SEC. 11. Lots for burying strangers. chased. SEC. 12. Sexton to keep a register of SEC. 6. Clerk to convey lots, &c interments, and report same SEC. 7. No one to be buried without to Council. permission. Public grave SEC. 1. That the grave yards lying north of the Fort Gratiot yards. turnpike, are hereby declared to be the only public grave yards within the limits of the city of Detroit, and the plan thereof respect ing lots for interment, is hereby continued; and all graves shall be at least five feet deep. Dutyof SEC. 2. It shall be the duty of the Sexton to superintend the Sexton. grave yards, to take charge of the city hearse, and when required by the friends of any deceased person, or by the Director of the Poor of 210 OF THIE CITY OF DETROIT. the said city, he shall, within a reasonable time, cause to be dug a TITLE VIr. X CHAPTErP 38. grave of suitable dimensions agreeably to the preceding section, and shall bury the corpse therein; and when it shall be required of the Sexton, he shall deliver the coffin at the house where the corpse may be, furnish a horse for the hearse, and convey the corpse to the grave. SEC. 3. It shall not be lawful for any person or persons to inter Where corpses to be or cause to be interred, the corpse of any deceased person in any part buried. of said city, excepting in the public grave yards aforesaid. SEC. 4. The Sexton may demand and receive for his services the The Sexton may demand following fees, to wit: for digging a grave and burying the corpse, and receive fees. one dollar and fifty cents; for delivering the coffin at the house where the corpse may be, twenty-five cents; for furnishing a horse and carrying the corpse to the grave, one dollar and seventy-five cents. Provided, That whenever the corpse is to be buried less than one mile beyond -the limits of said city, the Sexton shall be entitled to demand and receive for digging a grave and burying the corpse, two dollars, and for furnishing a horse and carrying the corpse to the grave, one dollar and seventy-five cents. SEC. 5. Any person who may be desirous of purchasing a lot in Lots and half lots how the new cemetery, may make application to the City Clerk, and if the purchased. same be granted, the applicant shall pay the sum of tenll dollars to the City Treasurer, and take his certificate therefor. Nothing in this section shall prohibit the sale of half lots, if any there should be, at the price of five dollars, and no lot shall be divided for this purpose so long as any half lot remains unsold. SEC. 6. The purchaser or his assigns shall deposit said duplicate Clerk to con vey lots &c. with the City Clerk, who shall thereupon execute and deliver a deed for the lot described therein to the person entitled thereto, and charge the Treasurer for the price paid. SEc. 7. No person shall inter or cause to be interred the No one tobe buried withcorpse of any deceased person, in either of said gave yards, without outpermis sion, the permission of the person or persons, or corporation owning the lot. SEC. 8. Any person or persons who shall violate any of the pro- Penalties. visions of this chapter, shall forfeit and pay a sum not exceeding twenty-five dollars with costs of suit; and if any Sexton shall neglect or refuse to perform the duties herein required, or demand for his 211 ORDINANCES AND BY-LAWS TITLE VII. services a sum greater than is provided by the fourth section of CIHAPTER 43. this chapter, he shall, on conviction thereof before the Mayor's Court, be fined in a sum not exceeding twenty-five dollars with costs of suit. Clerk to reg- SEC. 9. The Clerk shall keep a register of all lots heretofore or ister lots sold hereafter to be sold in the new cemetery-by which it shall appear the name of the person or persons owning the lot, the description of the same, the price paid therefor, and the time when the deed was executed and delivered. Allyes In SEC. 10. It shall not be lawful for any person to obstruct or grave yards not to be obstructed. cause to be obstructed, nor permit or suffer any obstruction occa sioned by him or those under whom he claims, to be or remain in, any of the alleys of the public grave yards of said city. And it shall be the duty of the Sexton to remove all such obstructions at the expense of the persons occasioning or permitting the same as afore said, which upon conviction, shall be included in the fine adjudged against himn. Lots for SEC. 11. The Common Council shall, whenever necessary, desigburying strangers. nate suitable lots in the new cemetery for the interment of the corpse of any deceased poor person or stranger; and it shall be the duty of the Sexton to inter any such corpse in any lot so designated, when he shall be of opinion that such corpse cannot be lawfully interred in any other place in the public grave yards. A Register to SEC. 12. It shall be the duty of the Sexton to keep a register of be kept of intdermentst all interments made in the public grave yards, in which shall be and report to the mCommton stated the name of the deceased person, the time of his decease, his bhe Cmadmondcae i Council. oucil late residence, the place of his birth, his occupation, and the disease or complaint of which he died, and to report the same on Mondays of each week to the City Clerk; such report to include the particulars of all interments for the full week ending on Saturdays previous to the date of such report; the Sexton shall also at the expiration of his term of office, deliver said register to his successor in office; and no person or persons other than the Sexton or his em ployees shall dig or open any grave in the said grave yards, on pain of fine not to exceed fifty dollars for each offence, on conviction therefor. 212 OF THE CITY OF DETROIT. CHIAPTER XLIV. TITLE VII. Relative to Sluices and Low Grounds. CHAPTER 44. SEC. 1. Assessments for low grounds. Smc. 3. When Council may order a lot sluices, &c. to be filled. SEc. 2. Marshal to give notice of order SEc. 4. Clerk to deliver the assessmnent to fill low grounds to Collector for collection. SEc. 1. Whenever it may be deemed necessary or expedient to Assessment for low make and open any sluice, and make any wharf or embankment on grounds, the margin of the Detroit river, or fill up any low grounds or lots sluices& covered or partially covered with water, adjacent to said river. or when it shall be necessary for the abatement of any nuisance to fill up or level any lots or low grounds not adjacent to said river, but within the limits of said city, the Common Council shall, by a written resolution to be entered on their journal, authorize some competent person to make an assessment for making such sluice, wharf, embankment, or filling up such low grounds or abating such nuisances; and upon approving and filing such assessment the Common Council shall order that the owner, occupant or proprietor of such wharf. low grounds or lots, (describing them,) shall make such sluice, wharf, or embankment, or fill up such low grounds or lots, or abate such nuisance within a certain time, and in such manner as may be in such order specified. SEc. 2. It shall be the duty of the Marshal to give notice in Marshal to give notice writing to such owner, occupant or proprietor personally, or by leaving oforderto fill low grounds. the same at his place of residence in said city, requiring him to comply with such order, a copy of which shall be annexed to such notice, and also that within ten days after the service of such notice, he shall enter into a bond to the Mayor, Recorder, Aldermen and Freemen of the city of Detroit, with approved security, conditioned for the performance and execution of such order, and the Marshal shall make due return or report to the Common Council of his doings in the premises: Provided, That if any such person cannot be found, or has no place of residence in said city, the Marshal shall cause such notice to be published four weeks in some paper in said city, unless the Common Council shall otherwise order, and an affidavit thereof shall be filed with the Clerk. SEc. 3. Whenever it shall appear to the Common Council that WhenCoun cil may order the notice required by the preceding section has been given, and that alot to be filled. such bond has not been executed, within the time limited therefor, 213 ORDINANCES AND BY-LAWS TITLE VIII. then the Common Council may cause such sluice, wharf or embankCHAPTER 45. ment to be finished and completed, or such low ground or lots to be filled up, or such nuisance abated in such manner as they may deem expedient and necessary; and the expense thereof shall be deemed a valid assessment, from the time of filing the same as aforesaid. Clerk tode- SEC. 4. The Clerk shall record in the assessment register all liver the asseollsmet to assessments made by virtue of this chapter, and the date of the collector to be collected. same; and immediately after said work mentionedin said order shall have been finished and completed, the Clerk shall make out and de liver to the Collector a copy of such assesment, to be collected as other special sssessments. TITLE EIGHT, OF THE PUBLIC PEACE. CHAPTER XLV. Relative to Breaches of the Peacee and Disorderly Conduct. SEC. 1. Persons concealed for the pur- SEc. 2. Riot, disturbance, insulting lan pose of crime. guage, conduct, &C. SEC. 3. Duty of Marshal and Constables Persons con- SEC. 1. Any person who may hereafter be found lurking, lying cealed for the. purpose of m wait, or concealed in any house or other building, or in any yard crime. or premises within the limits of said city, with intent to do any mis chief, or to pilfer, or commit any crime or misdemeanor whatever, shall, for every such offence, on conviction thereof before the Mayor's Court of said city, be punished by a fine not exceeding two hundred dollars, and imprisonment for a period not exceeding three months, or either, at the discretion of the Court, and may moreover be held to bail for good behavior. SEC. 2. Any person who shall make, aid, countenance or assist, in 1iot, disturbance insult- making any noise, riot, disturbance, or improper diversion, who shall inglanguage, coanduct, &c. be guilty of any indecent, immtoral or insulting conduct, language or behavior, in the streets or elsewhere in said city, and all persons who shall collect in bodies or, crowds in said city for unlawful pur poses, to the annoyance or disturbance of the citizens or travelers, shall for each offence, on conviction before the said Mayor's Court, be liable to the punishment mentioned in the foregoing section. 214 OF THE CITY OF DETROIT. SEC. 3. The Marshal or any Constable of this city may arrest all TITLE VIII. CHAPTER 46. such offenders as are before mentioned, and bring them forthwith be- Duty of Marshal and fore any member of the Common Council, who may either discharge Constable. the same, or on the oath of one credible witness commit such offenders to the county jail, unless they shall enter into a recognizance with one or more sufficient sureties, in a sumn not exceeding five hundred dollars, conditioned that such offender or offenders shall be and appear before the Mayor's Court at the next ensuing term thereof, to do and receive what shall be then and there required by said Court, and shall be of good behavior and keep the peace in the meantime and if from any reason, no member of the Common Council can be found immediately after such arrest as aforesaid, such offender or offenders shall be committed for safe keeping, until some one member of the Common Council be enabled to attend to the case. CHAPTER XLVI. Relative to Houses of Ill Fane. Seac. 1. Penalty for keeping houses of Sic. 3. Punishment for letting house to ill famrne, &c. be kept for lascivious or disSEm. 2. Common Council when they orderly purposes. deem such a house a nuisance SEc. 4. Punishment for suffering riot may abate. ing, quarreling, &c., in house. I SEC. 5. Duty of officer& SEC. 1. Any person or persons who shall, within the limits of the Penalty for keeping city of Detroit. keep a disorderly or ill-governed house or place, or a houmses ' fame, &c. house for the resort of persons of evil name or fame,'or of dis. honest conversation, or who shall procure or suffer to come together, at such house or place, persons of evil name or fame, or who shall commit or suffer to be commintted therein, any immoral, improper or indecent conduct or behavior, or any tippling, revelling, rioting or disturbance, every person or persons so offending, or who shall aid or assist in any manner, in offending in the premises, shall, on conviction thereof before the Mayor's Court of said city, be punished by fine not exceeding five hundred dollars, together with costs of prosecution, and imprisonment in the common jail of the county of Wayne, or both, and may, moreover, be held to enter into recognizance with sufficient surety in a suitable penal sum to keep the peace for a period not exceeding one year. SEC. 2. When any such house or building, so occupied, or kept as When such houses to be aforesaid, shall be deemed by the Common Council to be a nuisance, abated. 215 ORDINANCES AND BY-LAWS TITLE VIII. it shall be the duty of the Common Council to abate such nuisance CHAPTER 46. by any legal means they may deem proper. Punishment SEC. 3. It shall not be lawful for any persons to demise let or for letting house to be hire, any house or other building, or premises, withinthe limits of the kept for lasidvious aderl said city of Detroit, to any person or persons for any of the purposes purposes in the first section of this ordinance mentioned; or to any person or persons who are of evil name or fame, or of dishonest conversation or who have or has the reputation of keeping a common, ill-governed or disorderly house or brothel; neither shall it be lawful for the owner or occupant of any such house, building or other premises, to permit or suffer any such person or persons to occupy any such house or pre mises. or otherwise harbor such person or persons; and if any person shall knowingly offend against any of the provisions of this section, he or she shall be liable on conviction thereof before the Mayor's Court, to be punished by a fine not exceeding one hundred dollars and costs of prosecution, or imprisonment in the common jail of the county of Wayne, or both. Punishmnent SEC. 4. No person or persons shall, within the limits of the city for suffering rioting, quar- of Detroit, commit, or suffer to be committed, in any house or other reling, &c., in houses. building or premises by him, her or them occupied, any rioting, quarreling, fighting, reveling, drunkenness, noise, or any other dis orderly conduct, calculated to disturb the neighborhood, or any travelers or others.. Any person violating the provisions of this section shall, upon conviction before the Mayor's Court, for each offence, be liable to a fine of not exceeding five hundred dollars and costs of prosecution, and moreover may, at the discretion of said Court, be imprisoned in the jail of the County of Wayne, for a period of not exceeding three months, and required to enter into recogni zance with sufficient surety in a suitable penal sum to keep the peace, for a period not exceeding one year. Duty of SEC. 5. It shall be the duty of the Marshal and Constables of the officers. said city of Detroit, to take notice of, and report all infractions of this chapter, that every person offending may be dealt with according to law; and it shall be competent for said Marshal or any of said Con stables, to arrest any person or persons who may have violated the provisions of the first and fourth sections of this chapter, and to bring such person or persons before the Mayor, Itecorder, or any of .216 OF THE CITY OF DETROIT. the Aldermen of said city, who are hereby authorized to hold any TITLE VIII. CHAPTER. 47. such person or persons to bail, for his or their appearance at the ensuing term of the Mayor's Court, to answer to any alleged offence in any such case, and for want thereof to commit such person or persons to jail. CHAPTER XLVII. Relative to Injuries to Public Property. SEC. 1. Punishment for injuries to pub- SEC. 4. Injuries to gas and gas lights; lic property. penalty. SEC. 2. Private property. SEC. 5. Duty of officers. SEC. 3. Punishment for using property of the Fire Department. I SEC. 1. If any person shall destroy, deface, impair, injure, or wan- Punishment for inlury to tonly force open any gate or door, or in any way whatsoever destroy, public pro perty. injure or deface any part of the State capitol building, or the appurtenances, fences, trees or fixtures thereunto belonging or appertaining the city magazine. hospital, city hall, market houses, water works, water pipes, water screws, hydrants, or any fixtures appertaining to the hydraulic works, weigh scales, street lamps and posts, public wharves, fire engine houses, fire apparatus, public grave yards or trees growing therein, or any grave, tomb or fence around either of them, sidewalks or crosswalks in any street, or any shade or ornamental trees in any street, or any other property whatever, of the State of Michigan, the county of Wayne, or the corporation of the city of Detroit, within the limits of said city, he, she or they so offending, shall forfeit and pay for every such offence a fine not exceeding one hundred dollars and costs of prosecution, together with the expense of repairing the property so injured: Provided, That when the injury is accidental, o further fine shall be imposed than the amount of the costs of prosecution and the expense of making such repair. SEC. 2. If any of said property should be owned by individuals, it Private-proshall nevertheless be deemed, for the purposes of this chapter, the erty. property of the corporation of said city. SEC. 3. Any person or persons who shall hereafter be guilty of Punishment for using prousing for any private purposes whatever, any of the fixtures, apparatus Perety oefthe fire departladders, or other property attached or belonging to any of the fire Dent. engines, hose, or hook and ladder companies of the city of Detroit, without due permission for that purpose first had and obtained of the 28 217 ORDINANCES AND BY-LAWS TITLE VIIT. Chief Engineer, or some one in charge of said property, shall, on con: CHAPTER 48. viction thereof in the Mayor's Court, be fined in a sum not exceeding fifty dollars and costs of prosecution, together with the expense of re pairing said property, if the same shall in any ma-nner be injured by such unlawful use. Punishment Sc.. for inijuries to $EC. 4 Any person who shall, without lawful authority, light or gas and gas lights. extinguish any of the public gas lamps of said city, or who shall in any way change, alter, or turn the stop cock, or any fixture belonging thereto; or who shall break, injure or tarnish any of said lamps, or the posts on which they are erected, shall for each and every offence Penalty. pay a penalty not exceeding fifty dollars and the costs of prosecution, together with the expense of repairing the property so injured: Pro vided, That when such breaking or injury is accidental, no further fine shall be imposed than the amount of the costs of prosecution and the expense of making such repair. Duty of SEC. 5. It shall be the special duty of the Marshal and all the officers. Constables of said city, to make complaint of all violations of this chapter. CHAPTER XLVIII. Relative to Injuries ta Reservoirs. SEc. 1. Punishment for injuries to public Reservoirs. Punishment SEC. 1. Any person who shall injure any public reservoir, or who for injuring pvoubic reser- shall break or enter the same, and draw off, or cause to be removed, any voir&. of the water therefrom, except in case of fire, or unless duly authorized by the Common Council of said city, or by the Chief Engineer of the Fire IDepartment, (except in case of inspection of fire engines,) shall forfeit and pay a sum not to exceed one hundred dollars, on complaint and conviction in the Mayor's Court of the said offence. CHAPTER XLIX. Relative to a Night Watch. SEc. 1. Mayor may organize a Watch. SEc. 5. Duty of Marshal. SEc. 2. Duties of Watch. SEc. 6. Watchmen may be removed. SEc. 3. Powers of Watchmen. SEc. 7. What to be done with persons SEc. 4. All persons to assist Watchmen, arrested. when. Mayor may SEC. 1. The Mayor of the city is hereby vested with full power organize a watch. and authority to establish and organize a Night Watch, in and for said city; and for that purpose, he may appoint as many discreet and suita 218 OF THE CITY OF DETROIT. ble persons as, in his opinion, the public safety may require. The TITLE VIII. CtIAPTE,R 49. persons appointed as aforesaid, shall, before entering on the performance of their duties, take an oath or affirmation, that they will faithfully and honestly discharge the duties of their office, to the best of their ability. SEC. 2. The members of said watch, and each of them, are hereby Duties of watch. authorized, and it shall be their duty, between the hours of nine o'clock at night, and the dawn of the succeeding morning, to apprehend any and every person who shall be reasonably suspected of having committed any crime or misdemeanor, or who shall be detected by either of the members of said watch in the violation of any of the ordinances of said city, or of an intent to commit any crime or misdemeanor, and to detain such person until morning; and thereafter, it shall be the duty of such watch to report all persons so apprehended to the Marshal of said city, who shall thereupon have the custody of all such persons, until discharged by due course of law. SEC. 3. That the said watch and every member thereof, shall have Powers of watchmen. power and authority, on reasonable ground of suspicion, during the hours or period of watch aforesaid, to enter in a peaceable manner, or if resisted, (after demand made,.) with force into any house, store, shop, grocery or other building whatever in said city, in which any person or persons may be suspected to be for unlawful purposes, and if any person or persons shall be found therein guilty of any crime or misdemeanor, or who may be reasonably suspected thereof, the said watch to apprehend and keep in custody any such person or persons, in manner as hereinbefore prescribed. SEC. 4. It shall be the duty of all persons in said city when called Allpprsonsto assist watchupon by any member of said watch, promptly to aid and assist him in men, when. the execution of his duties, and if any person shall neglect or refuse to give such aid and assistance, he shall, on conviction, forfeit a sum not exceeding one hundred dollars and costs of prosecution. SEC. 5. It shall be the duty of the Marshal of said city, to bring Duty of Mar shal. such persons apprehended by said watch before the proper authority, for examination, within a reasonable time; and all persons who shall resist, or in any manner interfere with the members of said watch in the discharge of their duties, shall, on conviction, forfeit a sum not exceeding one hundred dollars and costs of prosecution. 219 220 ORDINANCES AND BY-LAWS TITLEVIl. SEC. 6. The Mayor shall have power to remove from office any CHAPTER 50. Watchmen member of the watch, when, in his opinion, there shall be just cause may be removed. therefor. Whatto be SEC. 7. All persons apprehended by said night watch, in the perdone with persons ar- formance of their aforesaid duties, shall be confined in a room in the rested. City Hall, provided for that purpose, during the night in which said person or persons shall be apprehended, subject to the custody and control of said Marshal: whose duty it shall be to take such person or persons, for the purpose of examination, during the morning suc ceeding their arrest, before the Mayor or Recorder, or in their ab sence, one of the Aldermen of said city, who shall, as conservator of the peace of said city, attend at the City Council room, at nine o'clock A. M., of each and every day except Sunday, during the continuance of said watch, for the purpose of hearing such examination: Provi ded, That persons so apprehended during any Saturday night, shall, on the following morning, be committed to the county jail, to be ex amined as aforesaid, on the Monday following. CHAPTER L. Relative to process and proceedings in the MiIayor's Court, and to the recovery of Fines. SEc. 1. When process may be issued SEc. 7. Constable and Marshal's re from the Mayor's Court. turns. Sc. 2. When security for costs may be SEC. 8. Clerk to report quarterly to required. Counci]. SEc. 3. Who to execute process. SEC. 9. Penalty for obstructing officers. SEc. 4. Bond upon arrests. SEc. 10. Duty of officers when it is not SEc. 5. Execution to issue against body, convenient to bring prisoner goods and real estate. before the Recorder, AlderSrc. 6. When complainant to pay costs. men, &c. SEC. 11. Duty ofJailor. SEC. 1. That upon complaint on oath or affirmation being made to any member of the Common Council. or the Clerk of the Mayor's Court, that any person has violated any of the laws or ordinances of said city, the Clerk shall issue a capias ad respondendum, unless a summons be specially prescribed for the arrest of such person, and shall be returnable any day in the present or ensuing term of said Court. SEC. 2. Before issuing such process, the Clerk may, if he shall deem it necessary, require the complainant to enter into a bond, with sufficient surety, to the Mayor, Recorder, Aldermen and Freemen of When process may be issued from the Mayor's Court. OF THE CITY OF DETROIT. the city of Detroit, conditioned for the appearance of the complainant TITLEv[II. (,'IAPTE.R 50. at the term of the Mayor's Court at which such process shall be When securi ty for costs made returnable, to give evidence against the person or persons corn- mnaybe re,,qiired. plained of by him; and if upon trial the defendant shall be dis- charged. that the complainant shall pay the costs of prosecution, if so ordered by the said Court. SEc. 3. It shall be the duty of the Marshal or Constable to whom Who to execute prothe writ shall be directed to arrest the defendant therein named if he cess. be found, who may give bail for his appearance at the time such writ shall be returnable, and in default thereof the officer shall take him before any member of the Common Council, who may commit, let to bail, or discharge the defendant according to his discretion. SEc. 4. The bail required in the preceding section, shall be by Bond upon bond payable to the Mayor, Recorder, Aldermen and Freemen of the arrest city of Detroit, with at least one sufficient surety, in a sum not less than fifty dollars, and not more than double the amount of the penalty provided in the by-law or ordinance which may be violated, and shall be conditioned for the due appearance of the defendant before the Mayor's Court at the time such writ shall be returnable, and that the defendant shall comply with the judgment of the Mayor's Court, and not depart without leave, and in the mean time, keep the peace towards all the good people of said city: Provided, That if such bail should be insufficient or irresponsible, the officer taking the same shall be liable in an action of debt for the amount thereof, to be recovered in the name of the corporation. Sec. 5. Executions returnable at the next term, may issue upon Execution to y ~~~~Issue agaxeuionsto any judgment of the said Court, against the body, goods and chattels isbody,e agoaindst and real esof the defendant, or party prosecuted, (unless such party be in actual tate. custody for the offence on which judgment was rendered,) for the amount of such fine and the costs of prosecution, which execution may be levied upon the goods and chattels or body of such party, and all goods and chattels so levied upon, shall be sold in the same manner in all respects, that personal property is directed by the laws of this State to be sold, except that six days' previous notice of sale shall be sufficient, and the officer levying the same shall return the execution at the next term of the Mayor's Court, with his doings thereon. And if such execution be returned unsatisfied in whole or in part, an execution may be issued 221 ORDINANCES AND BY-LAWS TITLE VIII. against the real estate of such defendant, which shall be executed CHAPTER 50. according to the laws of this State. Whencomn- SEc. 6. If in any trial it shall appear to the Court that the complainant to paycosts. plaint was wilful or malicious, or without probable cause, or if the complaint does not appear and testify in the cause, the Court may order and adjudge the complainant, (and if he has entered into a bond as required by this ordinance, then against him and his surety,) to pay the costs of such prosecution, and thereupon an execution as in other cases. shall issue for the same. Constable SEC. 7. The Marshal and Constables, once in each month, and andMarshal's returns. whenever it can be done, at least three days prior to the term of the Mayor's Court, shall return to the City Clerk all process issued out of said Court, with their doings in each case endorsed thereon, and shall also at such times pay over to the said Clerk all moneys col lected by them in pursuance of such process, except in civil cases; and all moneys collected in civil cases shall be paid to the City Attorney. And if any such officer shall neglect or refuse to comply with the provisions of this section, or shall knowingly do any other act inconsistent with the just and faithful discharge of his duties, he shall, on conviction, be liable to pay a penalty not exceeding one hundred dollars, and costs of prosecution. Clerk tore- SEC. 8. The Clerk shall once in three months make a report to the port quarterly toCouncl. Common Council of all the particulars and business of the Mayor's Court-the number of persons tried, and the amount of fines and costs of each term, and the amount collected and paid into his hands: and he shall once in every three months pay over to the City Treasurer all moneys by him received belonging to the corporation, together with all witness' or jurors' fees then on hand, and shall at the time of making his reports exhibit the receipts of said Treasurer for such moneys. Penalty for SEC. 9. If any person or persons knowingly or wilfully obstruct, obstructing o~.ctn resist, or oppose the Marshal or any of the Constables of said city, or other person or persons duly authorized in serving or attempting to serve any writ or process, rule or order issued out of said Mayor's Court, or while executing or carrying into effect any order, rule, or determination of the Common Council of said city, or shall resist or impede any person duly authorized, or any member of the Common 222 OF THE CITY OF DETROIT. Council of said city, in the performance of any of their duties or TITLE vIII. CItAPTIER 51. powers, or if any person shall aid or assist any person legally in custody, to escape, or conceal him after the escape, every person offending in the premises, shall, on conviction before said Mayor's Court, be punished by fine not exceeding one hundred dollars and costs. SEc. 10. If any officer shall arrest any person, at a time that Duty ofoffl cers when It may be inconvenient to bring him before any proper officer for an ivsnnotn-tto venient to bring prisonexamination, the officer making the arrest may place such person in er beforerRe corder, Althe custody of the Jailer of the County of Wayne, and within fifteen dermen, &c. hours thereafter, he shall bring him before some member of the Common Council for examination. and if such officer shall neglect to comply with the requirements of this section, he shall be liable to pay all the expenses of keeping such prisoner in jail: Provided, That if the said period of fifteen hours shall terminate on the Sabbath day, said examination shall be had during the forenoon of the next ensuing Monday. SEc. 11. The keeper of the jail of the county of Wayne shall Duty ofJat lor. not permit or suffer any person committed by virtue of a process of the Mayor's Court, or other authority of said city, to leave or depart said jail without the permission of some member of the Common Council, or the City Attorney, under the penalty of a sum not exceeding one hundred dollars, and costs of prosecution. CHAPTER LI. Relative to Fees in Mayor's Court. SEC. 1. Fees of Officers, &c. SEC. 4. All fines and proceeds of MaySEc. 2. Fees not herein provided for. or's Court to be a fund for SEC. 3. Fees not chargeable to city, payment of the officers there when. of. SEc. 1. That the several officers and persons in attendance, in the Fees of officers, &co Mayor's Court shall, in civil and criminal cases, to which the same respectively apply, be entitled to demand and receive the fees and compensation following, that is to say: Court Fees. For the officer holding the court, in each cause or prosecution, $1 00 Cklrk's Fees. For each cause or prosecution, tried without jury, and witho continuance; - - - - 223 . $1 00 ORDINANCES AND BY-LAWS TITLE VIII. For co ntinuance,.... COAPTER 51. For certified copies of rules, the same as for entering such rules,.... For every report upon an assessment of damages, or other mat ter referred to him, - - - - For calling and swearing a jury, - - 1 For sweating a constable to take charge of a jury, - - Reading and filing a certiorari, - - Entering special bail, - --- Entering exoneration or surrender, - - - - - Issuing commission to take depositions, - -. Administering oath or affirmation, - - - Taking bond or recognizance,.. Search of the records or files, if a copy is not required, for each year, except for officers of the court, -1 Copies and exemplifications of records and pleadings to be re turned on certiorari or appeal, copies and exemplifications of all records, pleadings, and proceedings furnished on re quest, where no special provision is otherwise made, for each folio, -.. Marshal's and Constable's Fees. For serving every writ, (subpoena excepted,) and return there of, for one defendant, -. For each additional defendant, - - - - For making arrest without process, -. For every commitment to prison, - - - Serving every subpoena on each witness, -. Summoning a jury, - -.. Traveling fees upon writs or precepts served without the city, and within the county of Wayne, to -be computed from the place of service to the place of return, for each mile, Serving an execution against the property, - - - Collecting moneys and paying over the same, five per cent. upon the sums collected, exclusive of costs. Serving citation by order of the court, - - - - Attending upon jury, -.. For eaoh bond or recognizance taken by him, - - - 224 6 12 12 19 12 12 6 6 25 6 .25 10 8 25 12 25 25 6 38 6 50 25 25 12 OF THE CITY OF DETROIT. Juror's Fees. To each juror emnpannelled in a cause where a verdict is ren TITLE VIii. CHAPTER 38. r- - - -25 Witness' Fees. Each witness, for every day's attendance, in any cause or pro secution, - - - - - - - - Attorney's Fees. For each criminal case, where defendant is tried and found guilty,- - - - - - - - - - 1 00 For each civil case, where judgment is rendered for the city, 3 00 SEc. 2. When any service shall be performed by any officer of the Feesnot herein proviMayor's Court, for which no compensation is provided by this chap- ded for. ter, the officer or person performing the same shall be entitled to the same fees as are prescribed for such services in the Circuit Court for the county of Wayne. SEc. 3. The M)arshal of said city shall not be allowed a per diem Fees not chargeable to for attending the Mayor's Court; nor shall ally juror or witness, or city, when. the City Marshal in any cause or prosecution be entitled to demand or receive any of said fees, as against the corporation of said city; but when any such fees shall be collected and paid to the Clerk, it shall be his duty, on demand, to pay the same to the officers or persons entitled thereto. SEc. 4. Hereafter all fines and other proceeds of the Mayor's Allfinesand ]Proceeds of Court of said city, shall be kept as and constitute a separate and dis..ao.rt,db o Court to be a tinct fund, to be used for the payment of the officers of said Court, fund for pay ment of tho officers and other expenses thereof, and for no other purpose whatever-and therof. no charge or account. whether the same be for the fee of any officer or other expense of said Court, shall be paid, save out of said fund: Provided, That whenever said fund has accumulated beyond what the Council may deem sufficient for the payment of said fees and expen ses, the Common Council may direct the surplus to be appropriated to any other purpose they may deem proper. 29 22 dered, - 25 ORDIq'ANCOES AND BY-LAWS TITLE NINE. OF STRAY ANIMALS. TCTLE TX. CHAPTER 52. ._ ___... CHAPTER LIT. Concerning Pounds and certain Animnals Impounded. SEC. 1. When pounds shall be estab- SEc. 7. Injuries to pounds; penalty. lished and how kept. SEC. 8. Punishment for obSstruLCting Sec. 2. Certain aniimals not to run persons driving animals to within certain limits; pen- Found. alty. SEc. 9. Punishment of Pound Keepers SEC. 3. Mi nors lot to impound. for lneglecting to distrain and SEc. 4 Duties( of Pound keepers. detain animals. SEc. 5. Pound Keepers to pay moneys SEC. 10. Punislimenit for permitting an to (ity Treasurer. imals to run at large. SEC. 6. Fees of Plound Keepers. When SEC. 1. That the Street Commissioner, when directed by the Compoundis shall be estab- mon Council, shall construct one or more good and suitable pounds, lished and how kept. at such place or places in said city as shall be designated for such purpose by said Common Council, to be placed under the care and di rection of a Pound Keeper for each pound in said city, to be appoiprt ed by the Common Council, who shall act as such Pound keeper duiling the pleasure of said Common Council. Certain an- S EC. 2. Hereafter no swine, sheep horses, mares, asses, mules, neat meale unot to runwithii cattle, goats, or geese, shall be permitted to run at large within the certain limits following limits of said city, to wit: Beginning at the Detroit river, on the channel bank thereof, at the eastern line of the said city, and running thence north along said line to the point of intersection of said easterni line and the Fort Gratiot road; thence along said road to Riopelle street; thence north along said Riopeile street to Ceme. tery street; thence along said Cemetery street west to Russell street; thence south along said Russell street to the Fort Gratiot road; thence aloi.g said Fort Gratiot road to Rivard street; thence north along Rivard street to Winder street; thence west along Winder street to Woodward avenue; thence north along said Woodward ave nue to Sproat street; thence west along Sproat street to the eastern line of the Cass farm; thence south along the eastern line of said farm to the Grand River road; thence west to the western line of said city; thence south along said western line to the charn)el bank of the Detroit river; thence east along said channel bank to the place of beginning. And if found runninig at large within the limits aforesaid, 226 OF THE CITY OF DETROIT. each and every of such animals may be impounded in the common TITLE IX. CHAPTER 52. pounds of said city, from whence they shall not be released until the owner or owners., or some other person, shall pay to the Pound Keeper the sum of fifty cents per head for all horses, mules. asses, and neat Penalty. cattle, and ten cents per head for all sheep, goats, swine, and geese so distrained by him; and tile Pound Keeper shall be entitled wo four cents per head for all the said animals so impounded, and the owner of any such animal, upon conviction of permitting any such animal to run at large, shall be subject to pay a fine not to exceed five dollars, in the discretion of the Court, and costs of prosecution, f(r every such offence. S EC. 3. It shall not be lawful for any minor. unless arthorized by.linors notto impound. a written certificate directed to some Pound Keeper of said city, signed by the parent or guardian of such minor, to take up, distrain or impound any such animals as aforesaid, within said pound limits, and no Pound Keeper shall impound any such animal or animals inentioned aforesaid, taken up or distrained by any minor, except the same be accompanied by a certificate signed by the parent or guardian of said minor, and directed to said Pound Keeper, authorizing said minor to deliver up such animal or animals to said Pound Keeper: to be impounded in the common pounds of said city. SEc. 4. It shall be the duty of each Poirnd Keeper to provide Dutiesof Pound Keepnecessary sustenance for all animals so impounded; and the reasonable ersi. cost for providing such sustenance for each animal, shall be paid to the Pound Keeper before such animal shall be released from the pound; and it shall be lawful for Pound Keepers to sell at public vendue any animal or-animals impounded as aforesaid, at any time after the expiration of three days from the time they shall be so impounded, the Found Keeper giving at least forty-eight hours' previous public notice of the time and place of sale, by four advertisements, one of which shall be put up at the City Hiall in some conspicuous place, another at the Post Office, another in the division of the city in which such animals were found so running at large, and the other in the most public place in the division of the city where said animals may be impounded; but if said animals or any of them are redeemed, or an offer is made to redeem by paying the Pound Keeper's fees, and the fine prescribed in the preceding section, together with the 227 ORDINANOES AND BY-LAWS TITLE IX. expenses of sustenance as aforesaid, at any time before they are CHAPTER 52. actually sold, the same shall not then be sold, but shall be released by the Pound Keeper. The Pound Keeper shall render to the Com mon Council quarterly a true statement of all fees and all moneys received by him, either for fines, or for animals sold by him, together with the names of persons paying him the same and owning such animals; and if he shall fail to render such account he shall be snbject to removal from office. No Pound Keeper shall purchase, or be interested, directly or indirectly, in any manner in the purchase of any animal sold by him as Pound Keeper, under a fine of twenty dollars and forfeiture of his office. Pound Keen- SEC. 5. All moneys received by the Pound Keepers, by virtue ers to pay (,yity Treasur- of this ordinance, for animals sold by him or thlem, after deducting er. er. therefrom the fees and charges for sustenance, shall be promptly paid by him or them to the City Treasurer; but the city shall not in any case be liable to the Pound Keeper for or on account of any fees or expenses due to him on account of any animal which may be impounded. es, of SEC. 6. Pound Keepers shall exact and receive for his or their Pound Keepers. fees in receiving and discharging, or selling every horse, the sum of fifty cents and no more; for each ass, fifty cents; for each head of neat cattle, fifty cents; for each swine, sheep, goat, or goose, ten cents; and for suitable and'proper sustenance for each horse, twenty-five cents; for each mule, twenty-five cents; for each ass, twenty-five cents; for each head of neat cattle, twenty-five cents; for each swine, sheep or goose, twelve cents for every twenty-four hours the same shall be kept. Injures to SEC. 7. If any person or persons shall break open or in any pounds. manner, directly or indirectly, aid or assist in breaking open any city pound, said person or persons shall severally, on conviction thereof before the Mayor's Court of said city, be punished by a fine not exceeding five dollars and the costs of prosecution, and imprisonment Penalty. for the period of five days, or either, in the discretion of said Court. Puinthment SEC. 8. Each and every person who shall hinder, delay or obstruct for ebstructing persois any person or persons in driving to the pounds any animal or animals, driving anumnals to pound. beast or beasts, liable to be impounded in the city pounds, shall, for each and every hindrance, delay or obstruction, and for each and 228 OF THE CITY OF DETROIT. every person delayed, pay a fine of not less than ten dollars, nor more TITLE IX. CHIAPTER 53. than twenty dollars. SEC. 9. If any Pound Keeper appointed as aforesaid shall refuse Punishment of Pou,cnd or neglect to take up, detain or impound any horses, neat cattle, Keeper. for neglcting to swine or other animal, liable to be impounded, known by him to be..l{ettaiaianuai-d running at large contrary to the ordinances of the city, he shall be mal. subject to pay a fine, on conviction of any such offence in the Mayor's Court of said city, of fifty dollars and costs of prosecution for any such neglect. SEC. 10. Any owner of any horse, neat cattle, or other animal Punishment for permitliable to be impounded, who shall permit the same to run at large tinguaniamals to) run at within the aforesaid limits of said city, shall for each offence pay a large. fine of five dollars and costs of prosecution, upon conviction thereof in the Mayor's Court of said city, for each animal so permitted to run at large. CHAPTER LIII. Relative to Pound Keepers, Fence Viewers, 4c. S,.c. 1. Duties of Pound Keepers. SEc. 3. Laws of this State applicable SEC. 2. Fence Viewers, pounds may be enforced in Mayor's Court. SEc. 1. Pound Keepers shall have and exercise the same power, Dutiesof pound keepduties and privileges, and be subject to the same restrictions, so far ers. as the said power, duties, privileges and restrictions are consistent with chapter fifty-two of these ordinances, and the laws of the State prescribe relative to the keeper of a public pound. SEC. 2. The Street Supervisors of said city shall have and exer- Fencviewcise the same powers, duties and privileges, and be subject to the same restrictions and penalties, as the laws of this State prescribe relative to Fence Viewers. SEC. 3. Every provision of the law of this State relative to Pound Laws of this state applikeepers thereof, Fence Viewers, stray cattle or beasts in the pound,.ble tomay pounds may are hereby adopted, and all violations of the same shall be prosecuted bne eMaforred in the Mayor's Court of said city. Court. 22. ORDINANOCES AND BY-LAWS TITLE IX. CHAPTER LIV. C I A P'r R 54. Relative to Dogs. SEc. 1. Dogs may be taxed. SEC. 7. Docs to be muzzled SEC. 2. Ownersof dogs to report to As- SEC. 8. Dogs running at large to be sessor. T nu zzled. SEC. 3. Dogs may be killed. SEC. 9. Marshal to kill dols, when. SEC. 4. Assessor to keep register of SEC. 10. lay eml,loy assistant dog dotrs, &c. killers. SEC. 5. All sluts or bitches shall be SEC. 11. Suspension of four preceding killed. sections, whlen. SEC. 6. Vicious dogs may be killed. Dogs may be SEC. 1. Every person residing in this city, owning or having in taxed. his possession, or suffering to be kept on his or her premises any dog, shall be liable to be assessed and pay for the same, the following taxes: for one dog the sum of fifty cents per annum, (commencing on the first Monday in April,) for every additional dog two dollars, to be assessed and collected in the same manner as taxes upon personal property in said city Owngs to re- SE,c. 2. Every person residing in this city, owning or having in port to assessors. his or her possession, or suffering to be kept onI his or her premises any dog, shall, on or before the third Monday in March, in each year, report to the Assessor of his proper ward, the name and description of every dog so owned or possessed by him, and shall rut upon the neck of every dog a metal strap or collar, on which shall be engraved in legible letters the name of the owner. Any person neglecting any of the provisions of this section, shall forfeit the penalty of five dol lars for every neglect. Dogs may be SEC. 3. It shall be lawful for any person to shoot, or otherwise killed. killed. kill or destroy, any dog found running at large in this city, contrary to the requirements of the preceding section. Assessorto SEC. 4. It shall be the duty of the Assessors to keep a record of keep register ofdogs,, c. tie name and description of all dogs reported to them as aforesaid, together with the name and description of any other dog which they shall ascertain at the time of making their annual assessment, and return the same to the City Clerk, who shall deliver the same to the Collector. All sluts and SEC. 5. No slut or bitch shall be kept, or allowed to be kept or bitches shall be killed. remain within the limits of the city, and such as may be found or shall be seen going at large within the limits aforesaid, shall be liable to be killed by the Marshal or any other person. 230 OF THE CITY OF DETROIT. SEc. 6. No person shall be allowed to keep or suffer to run at TITLE X. CHTAPTER 55. large, any dog or slut of vicious or ferocious character or disposition, vicious dogs under penalty for each offence, not exceeding ten dollars, and the maybekilled City Marshai or any other person is hereby required to kill, or cause any such dog or bitch to be killed, if found running at large, or that an injury has been wantonly caused by any such dog or slut to any person. SEc. 7. It shall not be lawful for any dog, slut or bitch, to run Dogs to be mnzzled. at large within the limits of the city of Detroit, unless muzzled, as hereinafter provided for. SEC. 8. No dog, slut or bitch shall be allowed to run at large Dogsrunning at large to be within the limits of said city unless muzzled with a good and sufficient muzled. muzzle rendering it impossible for such dog, slut or bitch to do any mischief by biting any person or animal. SEC. 9. It shall be the duty of the Marshal to kill every dog, kMlarshal to kill dogs slut or bitch found running at large within the limits of said city, when. contrary to the provisions of the preceding sections. SEC. 10. It shall be lawful for the Marshal, when the safety of Mhay employ assistant dog the citizens shall require the vigorous enforcement of this chapter, to killers. employ such number of discreet persons to kill all dogs, sluts and bitches as shall be found running at large unmuzzled, or with defective muzzles: Provi(led, The expense shall not exceed twenty-five cents for every dog, slut or bitch so killed. SLc. 11, The operation of the four preceding sections may be Suspension of fourP presuspended at any time when the public safety shall, in the opinion of ceding e tions when. the Common Council, authorize such suspension. TITLE TEN. OF FERRIES, IIHACKS, AND DRAYS. CHAPTER LV. -Relative to Ferries. SEC. 1. Ferries to be licensed: penalty. SEC. 5. Ferry place not to be changed; SEc. 2. License how obtained, and re- gaming, c proibitedpen co~~gnizance. ~~~gaming, &c., prohibited; pen cognizance. SEC. 3. Number of ferries allowed; il- alty. legal fees; peialty. SEC. 6. Rates of fare. SEc. 4. Time of attendance on f(erry - no pers,,ns to be detained SEC. 7. Keeper to post alistofrates. penalty. SEC. 1. That no person shall use or keep any ferry or boat for 231 ORDINANCES AND BY-LAWS TITLEX. transporting for hire across the river Detroit, any persons, cattle, CHAPTER 55. Ferries to be carriages, or other matter whatever, from within the limits of the city licensed. iensed. of Detroit, without having previously obtained a license from the Common Council of the said city, under a penalty not exceeding Penalty. Penalty twenty-five dollars for each offence, to be recovered for the use of the said city with costs. License how SEc. 2. Each license shall be for the term of one year, and shall obtainecd and recognizance issue only on the petition or recommendation in writing, of at least twelve respectable freeholders of the said city, stating that a ferry is needed at the place therein designated, and that the applicant is a person suitable to keep the same, and if the prayer of such petition be granted, such applicant shall, before receiving such license, pay to the Treasurer of said city, such sum as the Common Council shall deem reasonable for such license, and shall also enter into a recogni zance to the Mayor, Recorder, Aldermen and Freemen of the city of Detroit. by himself in the sum of one hundred dollars, and two sufficient sureties in the sum of fifty dollars each, conditioned that he shall faithfully keep in complete repair one or more sufficient and safe boats and scows as may be necessary for the safe conveyance of persons, wagons, carriages, cattle, horses, and all other articles neces sary to be transported, and shall, at all times, when the said river is passable, give due attendance with a sufficient number of hands, to work and manage said boats and scows at the said ferry, during such hours in each day and night? and at such prices or rates for ferriage as shall be, from time to time, prescribed by the said Common Council. which recognizance shall be taken and remain in the Clerk's office of said city; and upon the perfection thereof and payment of the afore said sum, a license for such right of ferriage shall be issued to the said applicant. Number of SEC. 3. The granting of any license for the aforesaid purpose ferries altowed. shall not be deemed to deprive the Common Council of the power to, grant as many more as they may think proper, and no greater fee or nlegalfees. payment shall be demanded for ferriage at any time other than as Penaltfee Penalty fixed by law, under a penalty of not more than fifty dollars for eache offence, with costs of suit, and such penalty shall be independent of and in addition to any remedy on the aforesaid recognizance. SEC. 4. Each ferry keeper shall attend his ferry from sunrise in the morning until sundown in the evening, and shall be liable to be 32 OF THE CITY OF DETROIT. deprived of his license by the Common Council in case of failure or TITLE X. CHAPTER 55. omission to comply with the directions of this chapter, or the condi- Time of at tendance on tions of his recognizance. And such ferry keeper during the period ferry."' No person to aforesaid, when such river is passable, shall not detain any person, or be detained. any person with his goods, cattle or other property, necessary and proper to be transported, more than fifteen minutes from the time application is made by such person to be ferried over said river with his goods and other property aforesaid; and for every such offence he Penalty. shall forfeit a sum not exceeding twenty-five dollars and costs of prosecution. SEc. 5. No ferry keeper shall remove his ferry to any other place Ferry place not to be in said city, than that designated in his said application for license, changed. Gaming, &c., without the permission of the Common Council; nor shall any ferry prohibited. keeper at any time, permit any gaming for money or other value, or suffer any drunkenness, quarreling, fighting, blasphemy, or any rude disorderly, or immoral conduct, on any boat or scow engaged or used by him in ferrying said river. And any person offending in the premises, on conviction, shall forfeit a sunm not exceeding fifty dollars Penalty. for each offence, and be liable to have his license suppressed and declared void. SEC. 6. The rates of ferriage shall be as follows,to wit: from Rlates offare. the first day of April to the first day of November in each year, for each person twelve and a half cents; for each horse twenty-five cents; for one horse and carriage and persons'thereto belonging, not exceeding two, fifty cents; for a carriage and two horses, and persons as last aforesaid, seventy-five cents; for every additional horse, eighteen and three-fourth cents; for each head of horned cattle, twenty-five cents, and for each sheep or hog, six cents. And from the first day of -November to the first day of April following, for each person, twelve and a half cents; for each horse, thirty-seven and a half cents; for each horse and carriage and persons thereto belonging, not exceeding two, seventy-five cents; for each carriage and two horses, and persons as last aforesaid, one dollar and twenty-five cents; for each additional horse, twenty-five cents; for each head of horned cattle, thirty-seven and a half cents; and for each sheep or hog, six and a quarter cents. SCE. 7. It shall be the duty of every person authorized to keep a KSeenerto ferry within the limits of said city, to cause to be affixed, and at all prlt,, 30 233 TITLE X. times to keep, in some conspicuous place near the ferry landing, and OHAPTER 5in each boat or scow used for the purpose of ferriage, a list of the rates of ferriage; which shall be painted on a board in plain and legible characters, so that it may be seen by the public, and shall be headed thus: "Legal charges for ferriage across the river Detroit, as established by law." And if any person shall neglect or refuse to comply with the provision of this section, he shall, on conviction, forfeit the sum of five dollars and costs of prosecution, for every day's omission. CHAPTER LVI. Relative to Cabs, Hackney Coaches, Omnibusses, and Carriages, Ac. SEc. 10. Hotel keepers to obtain li censes. SEC. 11. Mayor's Court may order per sons violating this ordinance imprisoned, and Mayor or Recorder, or any three Alder men, may revoke license. SEc. 12. When one half of fine to go to non-resident complainants. SEc. 13. Sleighs and cutters subject to provisions of this ordinance. SEc. 14. Clerk to keep register of per sons licensed, and of numbers of vehicles. SEC. 1. Cabs, &c., to be licensed; pen alty. SEc. 2. Bond given on license issued. SEC. 3. Prices. SEc. 4. Price when cab used more than an hour. SEC. 5. Price for baggage. SEc. 6. Rates of fare at night. SEc. 7. Charge not to exceed amount allowed for an hour, when. SEc. 8. Punishment of cabmen, &c., for what. SEc. 9. Livery stables to pay five dol lars to T reasurer ifor eac h vehicle; and subject to pro visions of this ordinance. cabs, &Oc to SEC. 1. The City Clerk may issue a license, under the corporate belicensed. seal of the city, to any trustworthy person or persons, of the ages of twenty-one years, or upwards, who shall be resident of said city, authorizing such person or persons to keep cabs, hackney coaches, carriages, omnibusses, or other vehicles, for hire, upon such person or persons complying with the provisions of this ordinance, and giving proper security, and upon paying five dollars to the City Treasurer for every cab, hackney coach, carriage, omnibus or other vehicle, authorized to be kept by such license. Such license shall state the number of each cab, coach, carriage, omnibus, or other vehicle, allowed to be kept under said license, with the name of the person to whom it is granted, and shall, in all cases, continue in force for the period of one year next ensuing the date thereof. And no person shall keep, or use any hackney coach, cab, carriage, omnibus, or other vehicle, for hire, in said city of Detroit, without being licensed as aforesaid: and. in case any person shall keep or use any such hackney ORDINANCES AND BY-LAWS 234 OF THE CITY OF DETROIT. coach, carriage, cab, omnibus, or other vehicle, for hire, without cITLE x. CHIAPTER 56. having taken out license for that purpose, as aforesaid, he shall, upon - conviction of the offence, in the Mayor's Court, pay a fine of ten dol- Penalty. lars and costs of prosecution. SEc. 2. Every person to whom a license shall be granted, as pro- Bond given on license vided for in the foregoing section, shall execute a bond, to the issued. Mayor, Recorder, Aldermen, and Freemen of the city of Detroit, in the sum of two hundred dollars, with sufficient sureties, to be approved by the City Auditor; conditioned, that such person will pay all fines, costs, penalties or damages, for which he may become liable, on account of the use of any cab, hackney coaches, carriages, omnibusses, or other vehicles, kept or used by such person, under his license as aforesaid; and no license shall be of any validity until such bond has been duly executed and filed with the City Clerk. SEc. 3. The prices which may be charged by the owners, or Prices. drivers, of hackney coaches, cabs, carriages, omnibusses, or other vehicles, shall not exceed as follows, viz: For conveying one person, for each drive, less than an hour, twenty-five cents; for conveying two or more persons, for each drive, less than one hour, twenty-five cents for each person; for the use of a cab, carriage, hackney coach, or other vehicle, (except an omnibus,) by the hour, to carry not more than four persons inside, at the rate of one dollar per hour: Provided, That chi!dren between two and twelve years of age, shall be conveyed at one-half the foregoing rates; and infants under two years of age shall be carried free if in charge of any other person. Scc. 4. When a cab, carriage, hackney coach, or other vehicle, Price when shall be used for a longer time than one hour, the owner, or driver cab used more than an thereof, shall be entitled to charge and receive from the person or hour. persons using the same, the sum of one dollar for each full hour the same shall have been used; and for fractional parts of an hour he shall only charge and receive at the rate of one dollar per hour, as aforesaid. SEc. 5. For each trunk carried on any cab, carriage, hackney Price for bag gage. coach, omnibus, or other vehicle, the owner, or driver thereof, may gg charge and receive the sum of twelve and one-half cents, and no more: Provided, That each person hiring or using any such carriage, cab, omnibus, or other vehicle, shall be allowed to carry thereon 235 ORDINANCES AND BY-LAWS cTIThLE X6 any ordinary traveling bag, vaiise, or bundle, weighing less than forty. five pounds, free of all charge. ...five pounds, free of all charge. Rates of fare SEC. 6. When a cab, carriage, omnibus, hackney coach, or other at night. vehicle, shall be hired or used between the hours of eleven o'clock in the evening, and five o'clock in the morning, the owner or driver thereof, shall be entitled to charge and receive one-half more than the rates prescribed in the foregoing section, and no more. Carge not to SEC. 7. In no case shall any person, or any number of persons, exceed amount al- less than five, be charged for the use of a cab, carriage, hackney lowed for an hour, when coach, or other vehicle, more than the sum allowed for the use thereof for one hour, unless the same shall be used more than one hour, although the person or persons using the same may have stopped at several places during the time, he, she, or they may have been using such cab, carriage, hackney coach, or other vehicle. Punishment SEc. 8. A fine of not less than twenty-five dollars, nor more than of cabmen, &c., forwhat. one hundred dollars and costs of prosecution, shall be imposed by the Mayor's Court upon the owner or driver of any hackney coach, cab, carriage, omnibus, or.other vehicle, who shall demand or receive higher or greater prices or rates, for the use of his cab, carriage, hackney coach, omnibus, or other vehicle, than those named and fixed by the foregoing sections of this ordinance; and a fine of ten dollars and costs of prosecution shall be imposed by the Mayor's Court upon the owner or driver of the foregoing named vehicles, or any other vehicles used for hire in said city, who shall unreasonably refuse or neglect to convey any person or persons within the bounds of said city, when applied to for that purpose, and being at the time unem ployed; and the like fine shall be imposed by said Court, upon the owner or driver of either of the foregoing named vehicles, or any other vehicles used for hire in said city, who shall neglect to place upon such vehicle, in a conspicuous place inside, a card, on which shall be legibly printed the number of the license under which such vehicle is used, the name of the owner thereof, and the prices or rates fixed by this ordinance for the use of cabs, hackney coaches, carriages, omnibusses, and other vehicles. SEc. 9. All keepers of livery stables within said city shall pay the sum of five dollars to the City Treasurer for every carriage, cab, or other vehicle which they may at any time place on a public stand, or 236 OF THE CITY OF DETROIT; rtn as a public conveyance within said city; and all carriages or TITLE X. CnsAema 56. other vehicles placed by any livery stable keeper on a public stand, Livery sta bles to pay shall be regularly numbered, and subject to all the provisions herein- hile dollars to Treasurer before contained relative to rates or prices of conveyance; and ia for each ve hicle; and case any livery stable keeper shall place a carriage or other vehicle suleOctto pro this ordlion a public stand without paying the said sum of five dollars to the nance. City Treasurer, and placing a number on his carriage, or other vehicle, he shall, upon conviction of the offence in the Mayor's Court, be fined ten dollars and costs of prosecution. SEc. 10. No hotel keeper who may keep an omnibus, carriage, or Hotel keep ers 1o obtain other vehicle, for the purpose of carrying passengers to and from licences. steamboats and railroad depots, or other places in said city, shall be permitted to use the same for carrying any person or persons for hire in and through said city, except on taking out a license according to the provisions of section one of this ordinance, and paying the regular fee therefor and for every violation of the provisions of this section, the person or persons offending, on conviction in the Mayor's Court, shall be fined ten dollars and costs of prosecution. SEC. 11. The Mayor's Court, in its discretion, may order any Mayoral Court may person or persons found guilty of a violation of any of the provisions order per sons violatof this ordinance, to be imprisoned in the common jail of Wayne ingthisordi nan~ce im prisoned, and county for a term not exceeding ninety days, besides the fines and Mayor or Re corder or any costs hereinbefore authorized; and the Mayor or Recorder, or any three Alder men may three Aldermen of the city, may at any time revoke the license of reve n i. any person who shall be found guilty of having violated any of the provisions of this ordinance. SEc. 12. In all cases where complaints shall be made by a When one half of fine stranger or non-resident of said city for a violation of any of the pro- to go to non resident cornvisions of this ordinance, and the person or persons complained of plainants. shall be found guilty, upon trial in the Mayor's Court, or shall plead guilty, the complainant shall be entitled to receive one-half of the fine imposed upon the person or persons complained of, after the same has been collected and paid to the City Treasurer; and it shall be the duty of the City Treasurer, on receiving such fine, to pay one-half thereof to such complainant, on demand, and take a receipt therefor. Sec. 13. All sleighs, cutters, or other conveyances used by persons for hire, within said city, during the season of sleighing, shall be 237 ORDINANOTS AND 13Y-LAWS TITLE X. subject to all the provisions of this ordinance in regard to rates or CHAPTER 57. Sleighs and prices of hire for cabs, carriages, hackney coaches, omnibusses, or other cutters subJect to pro- vehicles. visions of this ordinance. SEC. 14. The City Clerk shall keep a register of the names of all Clerk to keep register osf persons licensed according to the provisions of this ordinance, in persons licensed and of which shall be stated the number and date of the license granted to numbers of vehicle. each person, and the number of cabs, carriages, coaches, omnibusses, or other vehicles, allowed to be kept or used under each license; and at the time of granting each license, the Clerk shall give to the person or persons taking the same, a number for each of the vehicles allowed to be kept by such person or persons, and also enter such number on his register; and every person taking out a license as aforesaid, shall forthwith place, or cause to be placed, in conspicuous figures, on the outside of the door or doors of each vehicle kept or used under such license, the number given him by the City Clerk, as aforesaid; and - in case there are no doors to such vehicle, the number shall be placed on both sides of the box of such vehicle, in a conspicuous place. Any person or persons failing to comply with the provisions of this section, on conviction thereof, in the Mayor's Court, shall be fined ten dollars and costs of prosecution. The Mayor or Recorder, may, at any time, in their discretion, revoke such license granted as provided in the preceding sections of this ordinance. CHAPTER LVII. A Relative to Stands of Public Carriages, Ac. StEc. 1. Place where cabs, &e. to stand. SEC. 4. Vehicles to occupy centre of SEC. 2. Stands for drays, &c. street. SEaC. 3. Driver to remain on his vehicle. SEC. 5. Penalty. Places where SEC. 1. That hereafter all hackney coaches, carriages, cabs and cabs, &c., to stabd&c ta. other vehicles used for carrying passengers, plying for hire within the limits of the city, shall, while waiting for employment, occupy the following stands, and no others, that is to say: The centre of Jeffer son avenue, from a point fifteen feet easterly of the east line of Wood ward avenue, to a point fifteen feet westerly of the west line of Bates street; the centre of Jefferson avenue from a point fifteen feet wes terly of the west line of Woodward avenue, to a point fifteen feet easterly of the east line of Griswold street; the centre of Wood ward avenue, from a point fifteen feet northely of the north line of 238 OF TIE CITY OF DETROIT. Jefferson avenue, to a point fifteen feet southerly of the south line, TITLE X. CHAPTER 68. of Larned street; the centre of Woodward avenue, from a point fifteen feet southerly of the south line of Jefferson avenue, to a point fifteen feet northerly of the north line of Woodbridge street. SEc. 2. All drays, carts, wagons and other vehicles used for the Stands for drays, &c. transportation of goods, merchandise, and other wares, plying for hire ray, &C within the limits of the city, shall, while waiting for employment, occupy the following stands, and no others, that is to say: The centre of Jefferson avenue, between Griswold street and Third street; the centre of Jefferson avenue, between Bates street and Brush street; the centre of Woodward avenue, between Larned street and the Campius Martius; the centre of Woodward avenue, between Woodbridge street and the river: Provided, That none of the said vehicles shall stand within fifteen feet of any cross street. SEc. 3. The driver of any carriage, cart or other vehicle men- Drivertore main on his, tioned in this ordinance, shall, while waiting for employment as afore- vehicle. soid, remain upon his said vehicle. SEc. 4. The said vehicles, while occupying the stands aforesaid, vehleles to shall stand in the centre of said streets, and in a line parallel with trec ytren-ts the course of said streets. SEC. 5. Any person violating any of the provisions of this ordi- Penalty nance, shall, for each offence, upon conviction before the Mayor's Court, forfeit and pay a fine of not more than fifty dollars and costs of prosecution. CHAPTER LVIII. Relative to Drays, Carts, Wc. SEC. 1. Drays, &c., to be licensed. SEc. 5. Rates. SEc. 2. Who may be licensed, and how. SEc. 6. Penalty for violation. SEC. 3. No license to be assigned. SEC. 7. Clerk to keep a registry of liSEC. 4. Drays to be Dumbered-penalty. censed drays, &c. SEc. 1. No person shall ply any cart, dray or wagon within the IDrays &c., to limits of said city, for hire, without a license, under the penalty of be licehsed. five dollars for each and every offence. SEc. 2. That any resident of the city of Detroit, and who has Who may be licensed and been such resident for three months and more, may have a license as how. cartman, drayman, or wagoner, by applying to the City Clerk thereof and paying the Clerk one dollar for the same: Provided, That any non-resident, or any person who has been here less than three months, 239 ORDINANOES AND BY-LAWS TITLE XI. may have a license on payment in addition to what is required above, CH.APTEE 59. of the sum of five dollars to the City Treasury, said license to run one year from the first of August in each year. Nolicense to SEC. 3. No person licensed as above shall asssign his license or be assigned. permit any other person to drive his wagon, cart or dray, without permission of the Mayor or one of the Aldermen of said city endorsed on the back of his license, and having such transfer entered on the registry kept by the City Clerk, under a penalty of five dollars for each and every offence. Drays, &c.,to SEc. 4. Each person having a cart, dray or wagon licensed as bs nnmbered aforesaid, shall cause the number of his license to be painted upon each side of his cart, wagon or dray, with black paint on a white ground, so as to be easily seen on the square of the after part of the shaft, and to continue the same under a penalty of one dollar for Penalty; every day he shall drive his cart, dray or wagon without having the - same so numbered. Rates. SEC. 5. The price to be demanded and received by persons as above licensed, shall not exceed eighteen and three-quarter cents for each load. SEC. 6. If any person or persons acting with authority for any Penalty for violation. person licensed under this chapter, shall ask, demand or receive any greater charge than is herein established, or shall be guilty of any embezzlement or deceit in the execution of his duty, or of cruelty to his horse, he shall forfeit and pay the penalty of five dollars for each and every offence. Clerk to keep SEC. 7. The City Clerk shall keep a registry of all persons licensed a registry of licensed under this chapter, and of the date of their licenses. drays, &c. TITLE ELEVEN. OF PLACES OF REFRESHMENT AND RECREATION,, CHAPTER LIX. RLelative to Ordinaries and Groceries. SEC. 1. Of the internal order of Gro- SEC. 2. Duty of Marshial and Co3stable. ceries and Ordinaries. SEC. 1. No person or persons who may keep an ordinary, victualin house or grocery, within the limits of the city of Detroit, nor any 240 OF THE CITY OF DETROIT. person employed by, or acting for him or her, shall at any time, know- TITLE XI. CHAPTER C60 ingly permit any gaming for money, or for other value, within his, Of the inter nal order of her, or their premises, or suffer any drunklenness, reveling, quarreling, grdiceries and ordinaries. fighting, blasphemy, or any other disorderly or immoral conduct, or keep his, her or their establishment open during any part of the Sabbath, or sell any liquors or beverages prohibited by the laws of this State, or keep open any house at any time after half-past ten o'clock at night; any person or persons offending in the premises, on conviction thereof before the Mayor's Court of the city of Detroit, shall forfeit and pay for every such offence, for the use of said city, a sum not exceeding one hundred dollars, with the costs of prosecution, and be liable to have his, her or their license suppressed and declared void. SEC. 2. It shall be the duty of the Marshal and Constables to no- Duty of Mar shal and tice and enquire into all offences under this chapter, and to notify the Constables. City Attorney of the same, who, upon such notification, shall cause proceedings against the guilty party or parties to be instituted in the Mayor's Court. CHAPTER LX. Relative to ball alleys, billiard and other tables. SEc. 1. Keepers of ball alleys, &c., to SEC. 4. Premises closed, when; no be licensed. I gambling, &c. SEC. 2. License how obtained. SEc. 3. Amount of license, recogni- SEc. 5. Penalty. zance, &c. SEC. 1. No person or persons shall keep, or permit to be kept, Keepersof 11ball ill eys, &c in his, her or their premises, within the limits of said city, any ball tobelicensed alley, or any billiard table, or other tables for the purpose of playing at any game whatsoever, or to allow any person or persons to play at such alley. or such table or tables, unless the person keeping the same, has been previously licensed to do so, by the authority of the Common Council of said city. SEc. 2. It shall be the duty of any person or persons who may be License, how desirous of keeping any ball alley, billiard table or other table, to obtained. make application to the Common Council of said city for license; and such license may be granted on paying the sum, and on filing the bond-hereinafter required: but no such license shall be granted for a shorter period than three months. 31 241 ORDINANCES AND BY-LAWS TITLE XI. SEC. 3. No person shall receive such license until he shall have CTTAPTER 61. Amountof paid to the Treasurer of said city, such sum as the Common Council clicense-, recognizance, may determine for one year, for each and every ball alley, billiard &C. table or other table; the person applying for any such license shall also enter into recognizance to the Mayor, Recorder, Aldermen and Freemen of the City of Detroit, himself in the sum of hundred dol lars with two sufficient sureties, in the sum fifty dollars, to be taken and acknowledged before the City Clerk, conditioned that such appli cant shall well and truly observe and keep all the requirements of this chapter, and shall neither do nor permit to be done anything contrary thereto. Premises SEC. 4. No person licensed as aforesaid, shall at any time permit, closed when, no gambling, or suffer any gaming for money or other value, within any ball alley or billiard table, or other such establishment kept by him; nor shall any person be guilty of betting or gaming for money or other value therein; nor shall any person so licensed, suffer therein or there abouts, any drunkenness, quarreling, fighting, or any other disorderly conduct, nor keep any such establishment open during any part of the Sabbath or first day of the week, or after the hour of ten o'clock in the evening, or before the hour of eight o'clock in the forenoon of any day, nor permit to play thereon or thereat, any minor, apprentice, or servant, after the parent, guardian, master or mistress of such person, shall have notified such keeper not to permit such minor, apprentice or servant, to play.' Penalty. SEC. 5. Any person or persons who shall offend against any of the provisions of this chapter, shall, on conviction thereof, be liable to a fine not exceeding one hundred dollars and costs of prosecution, for each offence, and on conviction a second time, the person so licensed, shall be liable to have his license suppressed and annulled. CHAPTER LXI. Relative to S/ows, Theatrical Entertainments, ~c. Sa. 1. Persons keeping shows, &c., to Src. 2. Common Council to license. be licensed; penalty. rersonskeep- SEC. 1. It shall not be lawful for any person or persons to make Ing shows, &c to belcensed or exhibit any show or shows, or to perform any plays, games, theat rical or any other performances or exhibitions whatever, or to exhibit any natural or other curiosities for which pay or compensation of any 242 OF THE CITY OF DETROIT. kind shall be required, demanded or received, without having pre- TITLE XI. CHAPTER 62. viously been licensed so to do, by the authority of the Common Council of the city of Detroit; or the Mayor or two Aldermen may give any such person permission to make such exhibitions if deemed proper, any person or persons offending against the provisions of this chapter, shall be liable to pay a fine not exceeding one hundred dollars Penalty. for every offence; and the Marshal of the city of Detroit is hereby authorized in any case wherein the provisions of this chapter shall be violated, or not complied with, to arrest the person or persons offending against the same, and bring him or them before the Mayor, Recorder, or any of the Aldermen of said city, who are hereby authorized to hold such persons to bail for their appearance at the ensuing term of the Mayor's Court, to answer to any alleged offence, in any such case: Provided, Any such person may be discharged by the Mayor or any two Aldermen upon paying such sum as they may direct, and costs. SEC. 2. It shall be the duty of all or every such person or Common Council to persons, who may be desirous of exhibiting any natural or other license. curiosities or shows, or to perform any games or theatrical exhibitions, or any other games, shows or exhibitions whatever, for which money, or pay, or any compensation whatever shall be required or received, to make application to the Mayor, Recorder and Aldermen of the city of Detroit for a license; and the said license may be granted by the Common Council, whenever payment to the Treasurer of the city of Detroit has been made of such sum as may be prescribed by the Common Council, for the use of the said city. CHAPTER LXII. Relative to Taverns and Inns. sec. I. No person to keep a tavern SEc. 4. License to be allowed by without license; penalty. Council; recognizance. SEc. 2. Form and manner of applying SEC. 5. When license annulled. for license. SEac. 6. Internal order of house. SEc. 3. Amount to be paid for license. SEac. 7. To keep signs over doors. SEC. 1. No person, unless licensed agreeably to the provisions of No person to keep a tavthis chapter, shall keep a tavern, inn or hotel, within the limits of the ern without license. said city, and if any person shall offend against the provisions of this!Venalty. section, such person shall, upon conviction thereof, before the Mayor's Court of the said city, be fined in a sum not exceeding twenty-five dollars for every such offence. 243 ORDINANCES AND BY-LAWS SEC. 2. Every person desiring to keep a tavern, inn or hotel, within the limits of the said city, shall make application in writing to the Common Council, setting forth the street and house in which he or she intends to keep the same, and shall accompany such application with the names of his or her securities, and also a recommendation signed by at least twelve respectable freeholders of the said city, stating his or her means and qualifications to keep a tavern, inn or hotel, and certifying that he or she is of good fame and moral character, and correct and orderly deportment and-behavior; apd the Common Council shall take such application under consideration, and grant or refuse the same, as in their opinion the interests and well being of the city may require. And no license shall be granted unless the applicant is possessed of stabling sufficient for ten horses, and accommodation for at least eight guests. TITLE XI. CHAPTER 62. Form and nianner of applying for license. Amount to SEC. 3. Every person to whom the Common Council shall grant be paid for lic ense. license to keep a tavern, inn or hotel, shall, before the same be issued, pay into the Treasury for the use of the Mayor, Recorder, Aldermen and Freemen of the city of Detroit, such sum, as may be required by the Common Council, having a proper regard in each case, to the apparent advantages of each petitioner's situation for the business and profit of a tavern, hotel or inn. License to be SEC. 4. Whenever the Common Council shall decide in favor of allowed by Council. any petitioner, and grant him or her a license for keeping a tavern, hotel or inn, the Clerk of the said city shall give such petitioner a certificate of the granting of such license, and of the price fixed for the same; on the said applicant producing a receipt from the Trea surer of the said city for the payment of the sum so fixed, he or she shall be entitled to receive a license under the hand of the Mayor, and the seal of the said city, and attested by the said Clerk, author izing him or her to keep a tavern, hotel or inn, for the term of one year, and no longer, in the house designated, and in no other house: Provided, That every person to whom license shall be granted as aforesaid, shall, before he or she be entitled to receive such license, Recegni- or to act by virtue thereof, enter into recognizance to the Mayor, Recorder, Aldermen and Freemen of the city of Detroit, him or her self in the sum of one hundred dollars, with two or more sufficient sureties in the sum of fifty dollars each, conditioned that he or she 244 OF THE CITY OF DETROIT. shall keep and maintain an orderly and well regulated house, during TITLE XI.R6 CHTAPTER 62. the continuance of such license, and shall at all times provide and' keep good sufficient meat, drink, bedding and stabling, for the convenience and accommodation of travelers and other guests, who may apply for and require the same, for a reasonable compensation, and shall keep, observe and obey the provisions and regulations which are or may be prescribed and ordained from time to time, regulating taverns, hotels and inns within the city of Detroit; which recognizance shall be taken and be acknowledged before the City Clerk. SEC. 5. In case any person is declared and adjudged to have Whenlicense annulled. forfeited his or her recognizance, it shall be in the power and discretion of the Mayor, Recorder and Aldermen in Common Council convened, to vacate and annul the license granted to such person as aforesaid, and thereupon such person shall be disqualified, or to order a new recognizance to be entered into, within a limited time; and in case the said order is not complied with, the said license shall from that time be null and void. Sec. 6. It shall not be lawful for the keeper of any tavern, inn Internal oror hotel, within the said city, to suffer in or about his or her house or der of house. premises, upon the Sabbath day, any person or persons drinking, tippling, rioting, and making a disturbance, or at any time to sell any liquors prohibited by the laws of this State, nor shall it be lawful for the keeper of any such house as aforesaid, to permit or suffer any cards or other games of chance to be played for money or other article of value, in his or her house, out house or enclosurs, or to suffer or permit any gambling or betting of money or other property whatever, within his or her said house, out house or enclosures, which are or may be prohibited by the laws of this State: and if any person shall offend against the provisions of this section, he or she shall be considered as having broken his or her recognizance, and shall be further liable to be fined upon conviction thereof before the Mayor's Court, in a sum not exceeding twenty-five dollars for every such offence: Providet, always, That the prosecution for offending against this chapter shall be commenced within one year after the commission of such offence, and at no time thereafter. SEc. 7. Every person to whom a license under this chapter shall To keep hbe granted, shall fasten and keepovrtefotdooft,igns over be granted, shall fasten and keep over the front door of the tavern,'doors. 245 ORDINANCES AND BY-LAWS TITLE XII. inn or hotel kept by him, a sign having painted thereon in large and CHAPTER 63. - - legible letters, the word -"tavern," "inn," or " hotel," as the case may be, together with the name of the person keeping the same; and every person neglecting or refusing to comply with this section, shall be liable to pay a fine not exceeding five dollars for every day he or she shall so neglect or refuse. CHAPTER LXIII. Relative to the Collection of License Moneys. SEC. 1. License moneys to be paid before the delivery of License. License SEc. 1. It shall be the duty of the Clerk of the city of Detroit moneys to be paid before to make out all grocery, tavern and other licenses, which shall from delivery of license. time to time be granted by the Common Council, but no such license shall hereafter be issued or delivered until the sum required for the same has been fully paid to the Treasurer of the city of Detroit. TITLE TWELVE. OF PORTERS, RUNNERS, AND THE ARRIVAL AND DEPARTURE OF BOATS AND CARS. CHAPTER LXIV. Porters and Runners. SEC. 7. Porters and runners to execute bon d. SEC. 8. Not to approach within twenty feet of boats and cars, when. SEC. 9. Punishment for acting without license. SEC. 10. When license forfeited. SEC. 11. When City Attorney to put bond in suit. Relative to Licensing SEc. 1. Porters and runners to be li censed. SEc. 2. When lic(ense to expire. SEC. 3. Fees for licenses. SEc. 4. Persons not to act without li cense. SEc. 5. Porters, runners, &c., to wear a badge. SEc. 6. Portlers, runners, &c., to have a card, containing name, &c., in carriage. Porters, and SEC. 1. The Mayor of the city of Detroit for the time being shall runners to be licensed. have power from time to time to issue licenses under his hand and seal to so many and to such persons as he shall think proper to carry on the business of public porters or runners for hotels, and all omni bus agents, omnibus drivers, and drivers of baggage, and all other persons when acting as porters or lunners for hotels; and the Mayor or Recorder, or any three Aldermen of the city, shall have power to revoke all or any of such licenses. OF THE CITY OF DETROIT, 247 SEC. 2. All such licenses shall expire on the seventh day of April TITLE XlI. CHAPTER 64. next after the date thereof, and may be renewed on application of the When license holders thereof. to expire. SEC. 3. For every such license shall be paid by the person apply- Fees for license. ing for the same, the sum of one dollar, and for every renewal the same sum. SEC. 4. No person shall act or engage in the business of a public Persons,ot to act withporter or runner for any hotel, or as an omnibus agent, omnibus dri- out license. ver, or driver of baggage, acting as porters or runners for hotels, without being duly licensed as such by the Mayor, under a penalty not exceeding five dollars, in the discretion of the court, and costs of prosecution, for every such offence. SEC. 5. Every public porter or runner, omnibus agent, omnibus Porters and runners, &c., driver and baggage driver; and all other persons acting as run- to wear a zn In ~~~~~~~~~~~~~~~badge. ners for hotels, shall wear a badge on his hat, and in a conspicuous place on his body, on which shall be legibly and plainly engraved or printed, his name and the number of his license, under a penalty not to exceed five dollars, in the discretion of the court, and the costs of prosecution, for each neglect of the provisions of this section. SEC. 6. Every public porter or runner, omnibus agent, omnibus Porters, run ners, &c. to driver or baggage driver, and all other persons acting as porters or have a care containing runners for hotels, shall have on a card or a plate, printed or engraved, hin name, &c in carriage~ his name and the number of his license, and also the prices or rates of fare allowed by law for omnibuses, hackney coaches, &c., in legible characters, which shall be nailed on a conspicuous part of his carriage, omnibus, wagon, sleigh, wheel-barrow or hand cart, under a penalty not to exceed five dollars, in the discretion of the court, and the costs of prosecution, for every violation of the provisions of this section. SEc. 7. Every person to whom such licenses shall be granted, shall Porters and runners to first execute to the Mayor, Recorder, Aldermen and Freemen of the execute bond city of Detroit, a bond with one or more sufficient sureties, to be approved by the Mayor, in the penalty of five hundred dollars, conditioned that he will conduct himself in a decent and orderly manner while acting as such porter, runner, omnibus agent, omnibus driver, or driver of baggage, when acting as porters or runners for hotels, and in all respects comply with the provisions of this ordinance: Providede howevert That it shall be lawful for such sureties or either cf ORDINANCES AND BY-LAWS TITLE XII. them to vacate such bond by giving ten days' notice in writing to the CHAPTER 64. ..Mayor or Recorder, and in such case the said license shall be annull ed and made void, unless other sureties are furnished as above pro vided. Not to ap- SEC. 8. No porter, runner, omnibus agent, omnibus driver, driver proach within twenty of baggage or other persons acting as porters or runners for hotels, so feet of boats and cars, when. licensed as aforesaid, shall, on the arrival of any steamboat or rail road cars in the city of Detroit, for a period of fifteen minutes there after, go upon or approach within twenty feet of the wharf or depot where such steamboat or railroad cars have made fast or stopped run ning, or are about to make fast or stop running; unless such porter, runner, omnibus agent, omnibus driver, or driver of baggage be re quested by a passenger to remove some trunk or other baggage from said wharf or depot, in which case it shall be lawful to go near, in or upon such steamboat or depot for such purpose, under a penalty not to exceed five dollars, in the discretion of the court, and costs of pro secution, for every such offence. Punishment SEC. 9. No person shall act as porter or runner, or omnibus agent, for acting without license. u omnibus driver or baggage driver when acting as runner or porter for any public house or hotel in the city of Detroit, without being duly licensed according to the provisions of this ordinance, under a penal ty not to exceed twenty-five dollars, in the discretion of the court,for every such offence. When license SEC. 10. On conviction of any porter, runner, omnibus agent, omlorfeited. nibus driver, or baggage driver, or other person acting as porter or runner for any hotel or public house, licensed as aforesaid, before the Mayor's Court, of any violation of the provisions of this ordinance, the Mayor or Recorder shall, in his discretion, be authorized, in addi tion to the fines hereinbefore provided, to vacate and annul any such license that may then be held by any such porter, runner, omnibus agent, omnibus driver or driver of baggage, and to declare the bond of such person forfeited. When City SEC. 11. On the forfeiture of the bond of any such porter, runner7 Att,,rney to put bond in omnibus agent, o mnibus driver, driver of baggage or other person, as suit. provided in the preceding section, it shall be the duty of the City At torney to prosecute the principal and sureties named in such bond for the benefit of the city. 248 OF THE CITY OF DETROIT. CHAPTER LXY. TITLE XII. CIIAP'ER. 65. Relative to the Departure and Arrival of Boats and Cars. SEC. 1. Carriages not to be kept with- SEC. 4. Disorderly conduct at boats and in twenty feet of depot on the cars prohibited. arrival of cars. SEc. 5. False representations to stranSEC. 2. Where carriages to stand on gers; punishment. arrival and departure ofsteam- SEC. 6. Duty of officers. boats. SEC. 7. Teamsters may haul freight. SEC. 3. Further regulations. SEc. 8. Propellers to be provided with I spark catchers; penalty. SEC. 1. That no person shall, on the arrival of any railroad cars Carages not to be kept in said city, nor for the period of thirty minutes previously to the within twen mutes ty feet of de pot on arrideparture of any railroad cars from said city, have or keep any car- val of carrs. riage, wagon, cart or other vehicle within twenty feet of the place where such railroad cars shall have ceased running, or are about to depart from sai.d city. SEC. 2. No person shall, on the arrival of any steamboat or vessel, Where car riages to at any wharf in said city, nor for the period of thirty minutes there- stanld on ar rival and after, nor for the period of thirty minutes previously to the departure departure of steamboats. of such steamboats or vessels, have or keep any carriage, wagon, cart or other vehicle, within sixty feet of the place where such steamboat or vessel has or is about to be made fast, or depart from said city. Any person violating this or the preceding section, shall, for every violation, on conviction before the Mayor's Court, forfeit a sum not exceeding one hundred dollars and costs of prosecution. SEc. 3. All carriages, wagons, carts and other vehicles, the keepers Furtherregu lations. whereof are waiting for employment, from any railroad cars, steamboats or vessels, shall stand on either side of the street or alley, so as to leave the centre thereof, and access to each house thereon, open and unobstructed, for the free passage of carriages, wagons, carts and other vehicles, and foot passengers. Any person violating this section, shall, for every violation, on conviction before the Mayor's Court, forfeit a sum not exceeding fifty dollars and costs of prosecution. SEC. 4. If any person shall, on the arrival or departure of any Disorderly conduct at railroad cars, steamboats or vessels, at or from said city, or for the boats and cars properiod of' thirty minutes after the arrival or before the departure of hibited. such railroad cars, steamboats or vessels, and within sixty feet of the wharf or depot where such railroad cars, steamboats or vessels, have or are about t,) stop running or being made fast, or depart from said city, make, aid, countenance or assist in making, any loud or boisterous noise, disturbance or improper diversion, or shall be guilty of any 32 249 ORDINANCES AND BY-LAWS TITLE XII. indecent, immoral or insulting conduct, language or behavior, such CHAPTER 66. person shall, for every such offence, on conviction before said Mayor's Court, forfeit a sum not exceeding one hundred dollars and costs of prosecution. False represenrtation to SEC. 5. If any person shall, by any false or decitful representsa strangerspunshment. tions to any stranger or traveler in said city, induce or prevail on such stranger or traveler, to go to, and put up at any hotel, tavern, grocery or other house of entertainment in said city, such person shall, for every such offence, on conviction before the Mayor's Court, forfeit a sumn not exceeding one hundred dollars and costs of prosecution. Dutyof off- SEC. 6. It shall be the special duty of the Marshal and all the er Constables of said city, to make complaint of all violations of this chapter. Teamsters SEC. 7. Nothing contained in the first and second sections of may haul freight. this chapter shall be construed to prevent any teamster from hauling freight to any steamboat or vessel about to depart from said city. Propellors to SEC. 8. No propeller shall be permitted to approach within fifty be provided with spark feet of any wharf in this city, or lie at any wharf in this city, while catchers- penalty. fired up, unless her snioke-pipe shall be covered with a good and suf ficient spark-catcher, or other covering to prevent the emission of sparks or coals from her said pipe; and in case the captain or officers of any propeller shall permit the same to approach or lie at any wharf, contrary to the provisions of this section, he or they shall be liable to a fine not exceeding one hundred dollars, to be recovered with costs by prosecution in the Mayor's Court. TITLE THIRTEEN. OF PAUPERS. CHAPTER LXVI. Relative to Paupers and their Support. Sao 1. Vessels not to land paupers in SEc. 3. Penalty. city. Szo. 4. Director of Poor-their duties St 1. Persons bringing paupers to and powers city to support same. ~eisel:~not SEC. 1. If ariy owner, captain or master of a vessel, or other tps.au person, shall, by lacd or water, bring and leave within the limits of this city, any person or persoils, poor and unable to na'intaini thein 250 OF THE CITY OF DETROIT. selves, they shall forthwith, or as soon as may be thereafter, transport TITLE XIV. GItAPTER 67. the same back to the place whence they were taken; and shall provide all the necessary means of comfort and subsistence for such paupers, if requested by them or by any citizen, until so transported SEC. 2. In case of refusal or neglect to provide for such paupers Persons bringing pauthe necessary means of comfort and subsistence according to the perrs to sup port them. foregoing section, and any member of the Common Council, or Director of the Poor, shall make such provision, the same may be recovered back, and may form part of the judgment in a prosecution for a violation of this chapter. SEC. 3. Any violation of the two preceding sections of this chap- Penalty. ter, may be punished with a fine not exceeding fifty dollars and costs of prosecution. SEc. 4. The Director of the Poor for said city, shall have and Directorof poor, his exercise the same powers and duties, and be subject to the same lia- duties. bilities and restrictions as the laws of this State prescribe relative to Directors of the Poor in any township of this State; and the laws of this State relative to township and county paupers shall be observed with respect to such paupers in said city; and all suits and prosecutions for violations of such laws, may be brought in the Mayor's Court of said city. TITLE FOURTEEN. MISCELLANEOUS. CHAPTER LXVII. Relative to Cancelling the orders, warrants, and due bills of the City of Detroit. SEC. 1. Treasurer to cancel warrants, &c SEC. 3. To record the same. SEC. 2. To keep cancelled warrants. SEC. 4. Warrants &c., to be returned to Council and destroyed. SEC. 1. That the City Treasurer shall. without delay, procure a Treasurerto /' ~~~~~ - ~cancel warproper cancelling hammer, such as is ordinarily used by banking insti- rants, &c. tutions, with which he shall immediately cut, mark and cancel every order, due bill, warrant or other evidence of debt, issued by theMayor, Recorder, Aldermen and Freemen of the city of Detroit, or by the Common Council of said city, or under their direction, which now are in the City Treasury; and hereafter, the said Treasurer shall as 251 ORDINANCOES AND BY-LAWS TITLE XIV. soon as any order, due bill, or warrant or other evidence of debt CHAPTER 67. heretofore issued, or which hereafter shall or may at any time or times be issued by said Mayor, Recorder, Aldermen and Freemen, or by said Common Council, or by or under their direction or authority, shall come or be paid into the Treasury of said city, cut, mark and cancel the same with said cancelling hammer. To keep can- SEC. 2. After the City Treasurer shall have so cut, marked and celled warrants. cancelled said orders, warrants, due bills, or other evidences of debt, as aforesaid, he shall carefully and safely file and keep the same until the further order or action of said Common Council. Torecordthe SEC. 3. It shall be the duty of the City Treasurer. from and same. after the passage of this chapter, to keep a book or record, in which he shall enter as soon as he receives the same, the number, date and amount of each and every warrant, order, due bill, and evidence of debt, as aforesaid, received into the City Treasury; and whenever the City Treasurer shall report to said Common Council any amount of warrants, orders, due bills or other evidences of debt, as hereinafter provided for, he shall accompany his report with a schedule or list of said warrants, orders, due bills or other evidences of debt so reported, with the number, date and amount of each. Warrants, &c SEC. 4. Whenever the City Treasurer shall have in his possession to be returnedi todCoun- one thousand dollars of cut, marked and cancelled warrants, orders, cil and destroyed. due bills or other evidences of debt, issued or hereafter to be issued, as aforesaid, he shall report the fact to the said Common Council, whilst in session, and thereupon, at the same session of said Council, or at the next regular meeting, said Council shall cause said orders, due bills, warrants or other evidences of debt aforesaid, to be carefully examined and checked on the warrant book, in presence of the Coun cil, by a committee of three, to be appointed from time to time by the Mayor, of whom the Clerk shall be one, and the same having been so counted, examined and checked, shall be forthwith burned, or other wise destroyed, in the presence of the Council, and the amount so destroyed, with the number or other suitable designation of each, shall be entered on the journal of the Council 252o OF THE CITY OF DETROIT. AN ORDINANCE to give effect to the Revised Ordinances of eighteen hundred and fifty-five. Be it ordained by the Mayor, Recorder and Aldermen of the city of Detroit,in Common Councilconvened: SEC. 1. That the edition of the ordinances of the city of Detroit collated and published by, and under the direction of the Special Committee of this Council, appointed for that purpose, on the thirteenth day of February, A. D.. eighteen hundred and fifty-five, shall be called " The Revised Ordinances of the City of Detroit, for eighteen hundred and fifty-five," and the same, together with this ordinance, shall take effect and go into operation from and after the fifteenth day of August, A. D., eighteen hundred and fifty-five. SEc. 2. It shall be the duty of the Special Committee who have arranged the same, to record, or cause to be recorded, in the book of ordinances kept by the City Clerk, a full, fair and correct copy of all the ordinances collated by the said committee, and published under their direction as aforesaid; and the said copy, so recorded, shall be carefully preserved in the office of the City Clerk. SEC. 3. All by-laws and ordinances, or parts of by-laws and ordinances, repugnant to, or in any manner inconsistent with, the edition of ordinances so arranged and published by the said Special Committee as aforesaid, shall be repealed from and after the taking effect of the said revised ordinances arranged and published by said Special Committee. SEC. 4. The repeal provided for in the preceding section, shall not affect any act done, or any right accruing or accrued or established, or any suit had or commenced for any purpose whatever before the time when such repeal shall take effect; nor shall any offence committed, or penalty or forfeiture incurred, under any of the ordinances or by-laws repealed by the preceding section, and before the time when such repeal shall take effect, be affected by such repeal. SEC. 5. No suit or prosecution, pending at the time of the said repeal, for any offence committed, or for the recovery of any penalty or forfeiture incurred, under any of the ordinances or by-laws repealed as provided for in section three. shall be affected by such repeal, except that the proceedings in such suit or prosecution shall be conformed, when necessary, to the provisions of said revised ordinances. 253 ORDINANCES AND BY-LAWS SEC. 6. All persons who at the time when the said repeal shall take effect, shall hold any office under any of the ordinances or by-laws so as aforesaid repealed, shall continue to hold the same according to the tenure thereof. SEC. 7. No ordinance or by-law, which has heretofore been repealed, shall be revived by the repeal provided for in section three. SEC. 8. Whenever an ordinance or by-law, or any part thereof, shall be repealed by a subsequent ordinance or by-law, such ordinance or by-law or any part thereof, so repealed, shall not be revived by the repeal of such subsequent repealing ordinance or by-law. SEC. 9. All ordinances and by-laws hereafter to be passed by the Common Council shall be promulgated by being printed in such manner as the Common Council shall direct; and every ordinance or by.law which does not expressly provide the time when it shall go into operation, shall take effect on the tenth day after the same has been passed. SEc. 10. This ordinance shall take effect and be in force from and after the fifteenth day of August, A. D. 1855. Ordained and dated in Common Council the fifteenth day of August, A. D., 1855. HENRY LEDYARD, Mayor. Attest: RICHARD STARKEY, City Cle)'k. At a session of the Common Council of the city of Detroit, held on the thirteenth day of February, A. D., 1855, the following resolution was unanimously adopted: Resolved, That the Recorder, City Attorney, and City Auditor be a special committee whose duty it shall be to proceed and collate the charter of the city of Detroit, and all the present existing amendments thereto, all the ordinances of said city now in force or existing, omitting all amendments or ordinances repealed or not now in force, together with the standing rules of this Council, and have the same published at the expense of the city, and furnished to each member and officer of the Common Council, with all convenient speed. HENRY LEDY ARD, Mayor. Attest: RiCHARD STARKEY, City Clerk. 254t STANDING RULES OF THE COMMON COUNCIL OF DETROIT. RULE I. The Common Council shall hold regular sessions upon Tuesday of When seevery week, at 7 o'clock P. M., unless the Council shall otherwise cialto be held. order. RULE II. The Mayor (and in his absence the Recorder) shall take the Chair, Mayor-his dutiee at at the hour appointed for the Council to meet, whether in special or sessionsof Council. regular session, and call the members to order. On the appearance of a quorum, he shall cause the minutes of the preceding session to be read, at which time, mistakes, if any, shall be corrected. He shall preserve order and decorum, and shall decide questions of order, subject to an appeal to the Council. He shall appoint all committees, subject, at the announcement thereof, to concurrence therein by the Council; and an appointment being disagreed to, that committee shall be elected by ballot. He shall vote up6n a division, or a call of ayes and noes. RULE III. The Chair or any two members may have a call of the Council, Member majy be fine'l. and the names of absentees shall be noted by the Clerk. Every such forabsence. absentee not offering a reasonable excuse for his absence, when called upon or when summoned for that purpose, shall be fined for each default, such sum, not exceeding two dollars and fifty cents, as the Council may deem proper. RULE IV. When a question is put by the Chair, every member present shall Wo to voter vote. unless the Council, for special reasons. shall excuse him; but if interested. he shall not vote. In doubtful cases. the Chair may di- - rect, or ary meniber call for a division. The yeas and nays shall be called upon the requisition of the Chair, or of any member. STANDING RULES OF THE COUNCIL RULE V. be in writinog. Every motion (except to adjourn, postpone or commit) shall be reduced to writing, if the Chair or any member requires it. When made and seconded it shall be stated by the Chairman; or being written, shall be read by the Clerk; and may be withdrawn before decision or amendment, or any disposition thereof has been made, or a vote had thereon. RULE VI. Motionsto A motion to adjourn shall always be in order. and shall be decided adjourn. without debate. RULE VII. Members to When a member is about to speak, he shall rise, and address himrise when speaking. self to the Chair; nor shall he speak more than twice on any question without leave of the Council, nor more than five minutes any time. RULE VIII. Who to have When two or more members rise at once, the Chairman shall desigprecedence in speaking. nate which is to speak first. RULE IX. Member cal- A member called to order shall resume his seat, unless permitted to led to order, to take his explain, and the Council, if appealed to, shall decide on the case-on seat &c. any appeal, no member shall speak but once without leave of the Council. RULE X. On forming a committee of the whole Council, the Mayor or Mayor to mleave chairn Recorder shall leave the Chair, and shall call some member to prethe whole. side. RULE XI. Order in All questions, whether in committee or in the Councll, shall be put which questions shall be in the order they were named-except in cases of privileged questions; put. and in filling blanks, the longest time and the largest sum shall be first put. RULE XII. The rules of the Council shall be observed in committee of the Rules of observed in be whole as far as they may be applicable, except the rule limiting the committee. ee time of speaking; and the previous question shall not be put in a committee of the whole. 256 OF THE CITY OF DETROIT. RULE XIII. A motien that the committee rise, shall always be in order, and Motiomn'it, shall be decided without debate. RULE XIV. The Clerk shall not enter upon the journal the proceedings of a Proceedings of 0-mmittee committee of the whole, except as the same may be reported to the ofthe hole Ca~~~~~~~~~~~~~~~~~~~~~~~not to be re-d. corded. Council. RULE XV. When a question is under debate, no motion shall be received, Whatmo tions in order unless to postpone, amend, to take the previous question, to commit, dbate.g de or to adjourn. RULE XVI. The previous question shall be put in these words, "Shall the main Prevous questions, question now be put?" It shall be admitted on demand of any two how put. members, and until decided shall preclude all amendments under debate of the main question. RULE XVII. Any member may call for a division of the question, when the same Tvielon, & will admit thereof. RULE XVIII. Every ordinance shall be introduced by a committee, to whom the ordinncet, how intmo subject matter thereof may have been referred, by resolution or other- dum. wise; or, by a member, upon leave asked and granted. Any notice of intention to move for such leave, shall be given at a previous regular session. RULE XIX. Every ordinance shall reeive two several readings. previous to its rngof passage, but shall not be read at any other than regular sessions; nor twice read at the same session without speial order of the Council. RULE XX. The second reading of an ordinance, shall be first by sections, at Amndm't toodinances, which time amendments are to be offered; but the reading of a sue- hwme&. ceeding section, shall not preclude the offering of an amendment to a preceding one. If no amendment is made, the question shall be, "Shall this ordinance pass?" If amendments are made, the chair shall so report, and the ordinance shall be so read as amended, before the question on its passage is taken. 33 257 STANDING RULES OF THE COUNCIL RULE XXI. Reconsidera- When a question has been taken, it shall be in order for any tion of questions. member to move a reconsideration thereof, at the same or the sue ceeding meeting; but no question shall be a second time recon sidered without the consent of two-thirds of the Council. RULE XXII. Petitions &c., Petitions and other papers addressed to the Council, shall be prehow presented. sented by any member in his place; who shall make a brief state ment of the contents thereof, when introducing the same. RULE XXIII. Ord'nances, After an ordinance shall have passed, a fair copy thereof shall be how kept. made by the Clerk, and after having been compared by the Mayor, or in his absence by the Recorder, with the original, shall be signed and deposited with the Clerk, to be filed and recorded. XXIV. c i.,' As It shall be the duty of the Clerk to keep a correct journal of the proceedings of the Council; to cause committees, members of the Council, and its officers to be informed of such duties as they may be charged with by the Council from time to time; and to perform such other duties as appertain to him as Clerk. He shall suffer no journal, accounts or papers to be taken from the table, or out of his custody, other than by the regular mode of business of the Council; and if any paper in his charge should be mlissing, he shall make a report to the chair, that it may be enquired into. RULE XXY. Who may sit No person, other than the members of the Council, shall be admit within bar if cou,un~,l ted to a seat within the bar of the Council, but the Clerk, City Attorney and Marshal, unless invited by a member of the Council. RULE XXVI. Standing The following standing committees shall be appointed, viz: commlittees.' 1 v* { committees. A Committee on Claims and Accounts, to consist of two members, who shall examine and report upon all matters of account or claim, in favor of or against the city, which may be referred to it. A Committee on Ways and Means, to consist of two members, whose duty it shall be to examine and report upon all such matters rela.tive to the revenue of the city as may be referred to thlem; to Jn,l.tilU kh~: he tia3t,a,t of the.i t,y dealt; the reven'e~.'4,14 the cxpendi 258 OF THE CITY OF DETROIT. tures; and whether any, and what retrenchment can be made withl advantage; and to report from time to time, such provisions and arrangements, as may be promotive of economy, order and accountability, in the conduct of the fiscal concerns of the city, and all such claims as are not properly referable to the Committee on Claims and Accounts, shall be referred to the Committee on Ways and 3leans. A Committee on Streets, to consist of two nmembers, one for eaech street district, who shall examine and report upon all such matters relating to streets and sidewalks, within the city, as may be referred to them, and to report from time to time, upon such matters generally, as properly fall within the sphere of their duties in the premises. A Committee on iHealth, to consist of two members, one for each street district, who shall examine and report upon all such matters. relating to, or in any way affecting the public health as may be referred to them, or which shall properly fall within the scope of their appointment. A Cormmittee on the Fire Department, to consist of two imembers. one for each district, whose duties shall be such, relative to the fire Department of the city, as are devolved by the rules upon the other committees, relative to their duties. A Committee on Hydraulic Works, who shall examine and report upon all matters referred to them, in any way relating to the Hydraulic works of the city. A Committee on Markets. A Conmmittee on Taxes. A Commnittee on Printing. A Committee on Gas Lights. A Committee on Sewers. A Committee on Public Buildings. A Committee on Parks. A Committee on Licenses, who shall respectively examine and report upon all matters referred to them, properly falling within the scope of their appointment. RULE XXVII. Every member about to leave the city for the space of twenty days; members to ntfy Mayor shall notify the Mayor, or in his absence the Recorder, thereof, that wihen about his plate in committees may bhe temporarilyfilled.to leave tie Ilis- place in com-mittees maay be temporarily filled. iy 5., STANDING RULES OF THE COUNCIL RULE XXVIII. Order of',In the ordinary transaction of business, the following order shall business at sessionsof govern: 1st. Petitions and applications to the Council. 2d. ReCouncil. ports from officers of the Council. 3d. Reports from Committees. 4th. Unfinished business remaining from preceding sessions in the order in which it was introduced. 5th. Resolutions and other mat ters offered for the consideration of the Council. RULE XXIX. How rules These rules not to be altered, amended or rescinded, but by the may be altered. vote of two-thirds of the members present. A true copy. RICHARD STARKEY, City Clerk. 260 APPENDIX TO CITY ORDINANCES. AN ORDINANCE relative to the width of sidewalks on Fort street. Be it ordained by the M1ayor, Recorder, and Aldermen of the City of Detroit, in Commo n Council convened: SEc 1. That the width of wagon way on Fort street, from the west line of Griswold street to the western line of the city, shall be forty-four feet, from curb to curb, and that the width of walk on each side thereof, shall be twenty-eight feet. SEc. 2. That all ordinances, or parts of ordinances, conflicting with this ordinance, are hereby repealed. Ordained and dated at Detroit, this twenty-fourth day af July, A, D. 1855. HENRY A. MORROW, Recorder and Acting Mayor. Attest: RICHARD STARKEY, City Clerk. MEMBERS OF COMMON COUNCIL AND CITY OFFICERS, 18'55-56. Mayor-IIENRY LEDYARD. Recorder-HENRY A. MORRtOW. Aldermen: First Ward-Wmn. C. Duncan, Albert Marsh. Second Ward-Edward A. Lansi;ng, Wm. Craig. Yhirdc Ward —Isaac W. Ingersoll, Anthony Dudgeon. Fourth Ward-Isaac Finehart, Bradley H. Thompson. Fifth Ward-iHenry H. Leroy, Robert W. King. Sixth Ward-Alanson Sheeley, Wilson W. Wilcox. Seventh Ward-Edward Doyle, Robert Reaume. Eighth Ward-Francis Maybew, Stephen Martin. Regular session of Common Council Tuesday evening of each week. Regular sessions of Mayor's Court second Monday of each month APPENDEX TO CITY ORDINANCES. OFFICERS OF THE CORPORATION FOR -1855-6. City Attorney-J. Knox Gavin. ' Cler7c-Richard Starkey. Treastregr- John Campbell. Comfptroller-Charles Peltier. " -Iarshll-Eli Laderoot. Assistant kIagrshal-Patriek MIeGinnis. Chief Enginee- Fire Depar-tment-Williain Duncan City Physician-John B. Seovel. C Surveyor —Tholilas Campau. Director of the Poor —Luther B. Willard. City Sexton-Frederielk Deneke. St,feet Com);iissioner-Johln King. Clerk of City IIall l~Iac-et- John Robson. Weig'h AZllzister rT-er I-fy Scales-Enos Lebot. CC CC Lozwer tIlzy Scales-Chas. E. Damnn Wood Inslpectors-Franleis Lesperance Henry Decker. A. Wingr City Pr-inter-Wilbur F. Storey. Assessors. First DDistrict-Jamies lHahmer. Second Distg-ict-John Reno. T/ird lDist'ict-A. H. Stowell. A LIST OF THE MAYORS OF THE CITY OF DETROIT, SINCE 1824. John R. Williams, - John R. Williams, Henry I. Hunt, - Jonathan Kearsley, John Biddle, - - John Biddle, Jonathan Kearsley, John R. Williams. Marshal Chapin? - 2-62 Elected 1824 . 1825 C. 1826 t; 1826 A 1827 1828 1829 1830 " 831 OF THE CITY OF DETROIT. Levi Cook, Marshal Chapin, Charles C. Trowbridge Andrew Mack, Levi Cook, Levi Cook, - Henry Howard, - Augustus S. Porter, DeGarmo Jones, - Zina Pitcher, - Zina Pitcher, - Douglass Houghton, Zina Pitcher, John R. Williams, John R. Williams, John R. Williams, James A. Van Dyke, Frederick Buhl, Chas. Howard, - John Ladue, - Zachariah Chandler, John H. Harmon, John H. Harmon, - Oliver M. Hyde, Henry Ledyard, - RECORDERS SINCE Jonathan Kearsly, - E. P. Hastings, - B. F. H. Witherell, - Joseph Torrey, - Augustus S. Porter, - Henry S. Cole, - Edmund A. Brush, - Edmund A. Brush, Augustus S. Porter, - 263 Elected 1832 1833 1 834 1 834 1 835 1 836 1 837 1 838 1 839 1 840 1 841 1 842 1 843 1844 1 845 1 846 1847 1848 1 849 1850 185 1 1852 1853 1864 185,5 182 Appointed 1826. - 49 1827 cc 1828 - 44 1829 44 1830 - 44 1831 - 99 1832 - 44 18'03 - c 1834 APPENDIX TO CITY ORDINANCES. Henry Chipman, - Alex. D. Frazer, Ross Wilkins, - Edmund A. Brush, Alex. D. Fraser, - B. F. H. Witherell, B. F. H Witherell, B. F. IHI. Witherell,E. Smith Lee, - Alpheus S. Williams, Edmund A. Brush, Edmund A. Brush, Edmund A. Brush, James F. Joy, - Marshal J. Bacon, David E. Harbaugh, Joseph H. Bagg, - Joseph H. Bagg, Geo. V. N. Lothrop, Wm. A. Cook, - Henry A. Morrow, Estimate of the population of the city of Detroit, August 1, 1855, 50,000. 264 Appointed - cc . 44 - 44 . C-4 cc . 69 C9 . 94 4.1 . ic 4c - cc 44 Elected (11 - cc 9 9 - cc 44 - cc 1835 1836 1837 1838 1839 1840 1841 1 S42 1843 1844 1845 1846 1847 1848 1849 1850 1851 1852 1853 1854 1855 I N D E X TO CITY CHARTER AND ACTS RELATIVE TO CITY OF DETROIT. ACCOUNTS,of Corporation to be published annually, of Board of Education, to be published annually4 against corporation, to be presented to Comptroller, of city officers, to be examined and adjusted by Comptroller AFFIDAVITS, who may take, ALDERMEN, to be freeholders, when elected, term of office, how long to continue in office, removing from ward, vacate their office, vacancy in office of, how filled, may be school inspectors, to be inspectors of elections, to be members of Council, their powers at fires, one of may be designated as Police Magistrate,, not to hold contracts with city, may commit persons to work house, to be conservators of the peace, one of to hold Mayor's Court in certain cases, may issue capias to arrest offenders, may administer oaths and take affidavits, may call meeting of freemen in certain cases, to be members of Land Board, to make out list of jurors with assessors, to be members of Board of Health, ALLEYS, not to be extended over farms, except by consent, See "Streets." ALMS' HOUSE DEPARTMENT, general provisions relative to, 53, ANIMALS, may be restrained from running at large, 34 68 74 7 7 66, 67 5 1l 10, 11 14 14 14 15 18 29 9 31 55 57 57 59 67 78 92 100 100, 101 68 INDEX TO THE CITY CHARTER APPEAL, to Circuit Court in cases of assessments on lots afft changing plan of city, in cases where damages are claimed for abating nuisance in matter of proceedings to open or alter streets, from decisions of assessors, from judgments in Mayor's Court, ASSESSORS, to be elected annually, one in each ward, their oath and bond, power of Council relative to duties, powers and fees of, their general duties and powers, their compensation, to return list of jurors for Mayor's Court, to return list of jurors for Circuit Court, See "Officers" "Board of Assessors." ASSESSMENT ROLLS, how made and when to be completed, to be confirmed by Council, to be evidence of their contents, ASSESSMENTS, for filling up low grounds, of lots affected by changing plan of city, for abating nuisances, for use or benefits of sewers, 39, 40 43, 44 86, 87 8 8 8 general provisions relative to, 41, i of water rates, ASSISTANT MARSHAL, how appointed, his security, powers, compensation, how removed from office, ASYLUMS, See "Alms' House Department." ATTORNEY to be elected annually, by freemen, his term of office, his bond, oath, compensation, to notify clerk when jury is required in Mayor's Court, fees of, in Mayor's Court. See "Officers." AUDITOR, see "Comptroller." AVENUES, see "Streets." BAIL, Mayor's Court may hold persons to, Mayor and Recorder may take, BAKERIES, construction and location of may be regulated, BILLIARD TABLES, power of Council relative to, BLACKSMITH SHOPS, Council may regulate construction and lo tion of, BOARD OF ASSESSORS, who to constitute, when to meet, how long to sit, its powers and duties, BOARD OF EDUCATION, laws relative to,5 who to constitute, !466 v 25 38, 39, 40 42, 44 64 6 6,13 13, 20 41, 42, 43, 44 43 62 100, 41, 42 42 51 19 21, 22 25, 26 32 6 10 13 63 63, 64 61, 65 65 29 30 29 42 42 42 42 7- to 79 73, 74 OF THE CITY OF DETROIT. BOARD OF EDUCATION, a body corporate, its style, &c., its powers and privileges, 73, members of may be fined for not attending meetings of, to hold rights of certain school offlicers, liabilities of, what a quorum of, who to be President of, who to be clerk of, who to be Treasurer of, general powers and duties of, may sue in Mayor's Court, to publish annual report, to establish libraries, to have disbursing of school moneys, may establish a high school, may appoint a Superintendent of public schools, President of, may issue warrants against delinquent Collectors to have approval of Collectors and Treasurer's Bonds, to have title to all school lots, may borrow money and issue bonds, property of to be security for its bonds, must appropriate money to pay interest on bonds, member of, removing from ward, does not vacate his office, See "Schools," " School Inspectors." BOARD OF HEALTH, Mayor and Aldermen to exercise powers, a perform duties of, BOARD OF TRUSTEES, powers and rights of, vested in corporat of Detroit, BOARD OF WATER COMMISSIONERS, act incorporating, who to constitute, style of, seal, official term of Commissioners, qualifications of, oath of, members to receive no compensation for services, vacancy in, how filled, to appoint a President and Secretary, may borrow money and issue bonds, shall keep record of bonds, its general duty, may employ Superintendents and other officers, may purchase lands and other property for use of works, may construct reservoirs, jets, hydrants, fountains, &c., shall assess water rates, may enforce collection of water rates, shall keep record of its proceedings, shall make annual report to Council, shall invest surplus funds, shall pay interest on its bonds, may purchase its bonds, T7o 67 84 to 91 84 84, 85 85 88 86 85, 88 85 85, 91 85, 91 86 86 86 86 86 86,87 87 87 87 87 87 INDEX TO THE CITY CHARTER BOARD OF WATER COMMISSIONERS, may issue new bonds in place of old ones, 87 material procured for, exempt from execution, 88 members of, may be removed by Council for cause, 88 may enter on lands, 88 disputes of, with individuals, how settled, 88, 89 to become seized, in fee, of certain property, 89 persons injuring property of, or polluting water, guilty of misde meanor, 89 persons boring pipe or logs of water works, without leave of boar'd, may be fined, 89, 90 may extend pipes, &c., beyond city limits, 90 shall report to Council when money is needed to pay interest on bonds, 90 shall have full title to all property connected with water works, 90 may pass ordinances, &c., 90, 91 BONDS, not to be issned by Council, except in certain cases, 31 Board of Education may issue, 78 Board of Water Commissioners may issue, 85, 87, 91 See "Officers," " Common Council," "Collectors," "Consta bles, &c." BOUNDARIES, of Detroit, 1,2, 3, 4 of wards in Detroit, 4, 5 BREAD, power of Council relative to, 20 BRICK, size of, may be regulated by Council, 30 BRIDGES, see "Streets." BUILDINGS, line of may be established, 24 relative to numbering, 24 walls of may be regulated by Council, 30 erected on lots sold for taxes, may be removed, 51 BY-LAWS, see "Ordinances." CABS, see "Hackney Coaches." CANVASS, see "Official Canvass." CARTMEN may be licensed, 29 CARRIAGES, see " Hackney Coaches." CATTLE, see "Animals." CERTIORARI, to Mayor's Court, effect of, 64 CHARTER of Detroit, a public act, 68 how to be construed, 68 may be altered by Legislature, 69 CHALLENGES of voters at elections, 16 of jurors in matter of opening streets, &c., 37, 48 of jurors in Mayor's Court, 63 CHARTER ELECTION, see "Elections." CHIMNEYS, power of Council relative to cleaning, - 20 CITY, see "Detroit," "Corporation of Detroit." CITY COLLECTOR may be appointed by Council, 8 his official term, oath, bond, powers, duties and compensation, 8 268 OF THE CITY OF DETROIT. CIRCUIT COURT, jurisdiction of, on appeal from proceedings to open or alter streets, &c., 38, 39 appeals to, from judgments in Mayor's Court, 64 rules of, to apply to civil cases in Mayor's Court, 64 jurisdiction of in disputes between Water Commissioners and citizens, 88, 89 CLERK, office of established, 5 to be elected annually by freemen, 6 to give notice of vacancy in office of School Inspector, 8 his term of office, 10 his bond, oath and compensation, 13 to give notice of elections, 14 to notify officers of their election, 17 to file oaths of officers, 17 to have registry of voters at polls of elections, if one is kept by Council, 18 power of Council relative to duties, powers and fees of 13, 20 to give certificates to firemen, of their appoiintTnent, 27 to publish notice of Assessor's meetings, 43 his duty at tax sales, 51 to be Clerk of Mayor's Court, 58 to sign process of Mayor's Court, 58, 59 to issue Venire for Jury, 63 fees of, in Mayor's Court, 63, 64 to report to Council, quarterly, of business in Mayor's Court, 66 may administer oaths, 66 may take affidavits and recognizances, 66 to preserve ordinances, 66 to be Clerk of Board of Education, 74 to receive list of members of Fire Department annually, 82 to keep record of firemen, 83 to record report of Water Commissioners, 87 See "Officers." CLERK OF MARKETS, to be elected, annually, by freemen, 6 his bond, oath and compensation, 13 See "Officers." COLLECTORS, one to be elected annually, in each ward, 6 their bonds and oaths, 13, 20, 76, 77 Council may prescribe duties, powers and fees of 20 general duties of, 48, 75, 76, 77, 78 compensation of, 48 See "City Collecter," ", Officers." COMO.OUCI,ofwomtocnss. 18_1 who ineligible to seats in, whata quorum of, majority of quorum may act in, time and place of meeting of 0, may fine its members for non-attendance, -6fl 18, 19 12, 31 18 - 13 20, 21 21 INDEX TO THE CITY CHARTER COMMON COUNCIL, may direct election of additional Wood Inspector and Weigh-masters, to approve of Assessors' bonds, may appoint City Comptroller, may designate duties and compensation of Comptroller shall have approval of Comptroller's bond., shall have approval of bonds of all city officers, may require new bonds from city officers, majority of may remove Comptroller, power of, relative to Assistant Marshal, power of, relative to a City Collector, may fill vacancy in office of School Inspector, may order special election of Police Justice, if office vacant, may designate a Police Magistrate, may remove officers, may declare offices vacant, and fill vacancies, may dispense with services of particular officers, may make temporary appointments of officers in certain cases may prescribe powers, duties and compensation of officers, members of, may be School Inspectors, shall order special election of Aldermen to fill vacancies, shall designate places of holding annual elections, power of, in cases of tie vote at elections, may fine persons elected to office who refuse to serve, may make and keep a registry of voters, shall not issue evidences of debt except in certain cases, shall not contract with its own members, shall furnish books for Assessors, shall confirm annual assessment rolls, may hear appeals from Assessors, may levy taxes, 45, 46, 47, 48, 75, 77, 82, may charge interest on redemptions from tax sales, may institute suits to collect taxes, may provide a city prison, and appointofficers therefor, may direct as to disposal of prisoners, may direct Assessors to return list of jurors, may employ convicts to work on streets, may compel delivery of corporation property and papers shall publish annual account of receipts and expenditures, cannot extend lanes or alleys across farms except by consent, may direct publication of report of Water Commissioners, may appoint Water Commissioners, may remove Water Commissioners for cause, ITS GENERAL POW.aRS. relative to public health, water of Detroit river, opening sluices and filling up low grounds, duties, powers and fees of officers, 270 6 6 7 7 7 1 3,'-) 0 13 7 8 8 8 9 9 11 12 12 12 13 14 14 14 16 17 17, 18 31 31 41 42, 44 42, 44 83, 90 50 51, 52 60 60, 65 62 65, 66 68 68 68 87 85, 88 88 19, 24, 25 19 19 20 OF THE CITY OF DETROIT. COMMON COUNCIL, relative to working streets and alleys, relative to supplying Detroit with water, public markets, cleaning chimneys, to protecting city from fire, meetings of Freemen and Council, city watch, assize of bread, bonds of officers, public lights, swine going at large, support of the poor, good government of the city, fines and penalties, altering plan of city, assessing value of lots, &c., appointing Street Commissioners, grading and paving streets and sidewalks, fixing lines of, and numbering buildings, to fixing lines of docks and wharves, building docks and wharves, ferries, taverns, groceries and ordinaries, Fire Department, furnishing engines for fire companies, fire limits, prevention of fires, partition walls, bakeries and blacksmith shops, porters, cartmen and watchmen, hackney coaches, drays, carriages, &c., policemen, mooring and ballast of vessels, size of brick, walls of houses, sewers and drains, 34 30 uses of ill-fame, 30, 31 running at large, 31 pudanponmatrs, 31 31 31 sing streets and alleys, 35, 36, 37, 38, 39, 40 53, 54, 55, 56 an alms and work house, ,See " Corporation of Detroit. 271 20 20 20, 29 20, 25, 26 20 20, 29 20 20, 29, 30 20 13, 20 20 21, 31 21, 26 21 21 21, 22, 23 21, 22 24 24, 25 24 24 30 26, 27 27 27, 9-8, 82, 83 28 29 29 29 29, 30 30 30 -30 30 30 30, 32, 33, 30 34 30 30, 31 31 31 31 31 nuisances, INDEN TO THE CITY CHARTER. COMMISSIONERS OF WATER WORKS-See ",Beard of Commissioners. COMPTROLLER, to be appointed by Council, his term of office, oath, bond, his duties, his compensation, may administer oaths how removable from office persons swearing false before, guilty of perjury, to keep record of bonds issued by Water Commissioners, See " Officers." CONSTABLES, one to be elected annually in each ward their bonds and oaths, 13, Council may prescribe duties, powers and fees of, shall notify Council of nuisances, shall perform certain duties at fires, shall attend Mayor's Court, and obey its orders, fees of in Mayor's Court, powers and duties of, liabilities of, may be removed by Council, 71 Council may appoint, to fill vacancies, 71 See "Officers." CONTRACTS, who cannot enter into, with city, 31 to be void in certain cases. 31, 46 Water Commissioners not to be personally interested in their own, 90 CORPORATION OF DETROIT, its style, limits, boundaries and powers, 1, 2, 3, 4 its seal, 2 accounts against, to be presented to Comptroller, 7 rights of Board of Trustees vested in, 67 property and rights controlled by, 67 persons holding property of, or evidences of, title to may be fined for not delivering the same, 68 shall acquire no right to certain water lots, 68 not to extend lanes or alleys across farms except by consent, 69 authorized to contract a certain loan, 71 powers and privileges of, continued, 101 See "Common Council "-" Detroit." COSTS, on appeal to Circuit Court in certain cases, 40 persons making complaints in Mayor's Court, liable for 60 may be imposed by Mayor's Court, 61 Mayor's Court may establish, 63, 64 to be paid to persons entitled thereto, 66 DAMAGES, for altering or opening streets, &c., how assessed, &c., 36, 37 for abatement of nuisances, 25, 26 DETROIT, its boundaries, 1, 2, 3, 4 its inhabitants a body corporote, 1 style of corporation of 2 1)7 7 7 7 7 7 7 ,7 85, 91 6 20, 67, 72 20 25 29 58, 63, 71 53, 64 67, 71, 72 72 OF THE CITY OF DETROIT. DETROIT, its division into wards, its officers, charter of, how construed, one school district, jurisdiction of certain land in, ceded to United States powers and privileges of, continued, See " Corporation of Detroit." DETROIT RIVER, power of Council relaltiv to water of DEEDS, executed by Land Board need not be acknowledged, of Governor and Judges may be read in evidence, DECLARATION OF TAX SALE, to be given purchasers of for taxes, may be recorded, to be prima facie evidence in certain cases, rights acquired thereby, DISORDERLY HOUSES, Council may pass ordinances to prev DIRECTOR OF THE POOR, to be elected annually by freeme his bond, oath and compensation to commit certain persons to work house, DITCHES-See " Drains and Sewers." DOCKS AND WHARVES, line of, may be established, building of, may be regulated by Council, DOGS, may be restrained from running at large, Council may direct the killing of, DRAINS AND SEWERS, power of Council relative to, who cannot contract for, how kept in repair, taxes may be levied for EDUCATION, see "Board of Education," "Schools." ELECTIONS, what officers to be elected at, of aldermen and city officers, when and where to be held, who to be inspectors of, where freemen to vote, who allowed to vote at, for state, district, and county officers, how to be conducted, See " Special Elections." ELECTORS, qualifications of, what considered residence of, may choose inspectors of election in certain cases, challenged at election, to be sworn, swearing false, guilty of perjury, voting in more than one ward may be indicted, Council may order list of to be made and kept, EXECUTIONS may be stayed in Mayor's Court, certiorari not to operate as stay of, in all cases, certain property exempt from, EXEMPTION of certain property from execution, 35 !)73 4, 5 5, 6, 7, 8, 9,10 68 7') !)9 101 19 93 94 40, 49 who to execute, 5i 51 52 49 30, 31 6 13 55 24 30 31 31 30, 32, 33, 34 31 32 46 6, 8, 9,10,15 14,15 14 15 notice of, when and how given, 15 15 17 15 15 15 16 16 16 17,18 64 - 64 84, 88 84,88 INDEX TO THE CITY CHARTER EXEMPTION of certain land from taxation, of certain persons from military and jury duty, FEES, of jurors and officers in matter of openining ditches, &c., of jurors and officers in matter of opening or altering street of officers and witnesses in Mayor's Court,, to be paid to officers entitled thereto, School Inspectors not to receive any, Water Commissioners not to receive any, See " Common Council," "Officers," Mayor's Court." FERRIES, may be licensed and regulated by Council, FINES, persons refusing to serve as officers, liable to, power of Council relative to, may be imposed by Council on its members, of jurors for non-attendance, of persons refusing to furnish list of taxable property, may be imposed by Mayor's Court, how payment of, eni(.lcec, of prisoners, may be worked out on streets, how disposed of, when collected, for violations of rules of fire companies, FIRES, powers and duties of certain officers at, Council may pass ordinances to prevent, FIRE COMPANIES, their powers, their duties and liabilities, p-'cp rty of exempt from levy and sale, See "Firemen." FIRE DEPARTMENT, act incorporating, its general powers, its officers, its annual meeting, funds of, how appropriated, firemen's certificates to be issued by list of members of, to be delivered yearly to City Clerk, act incorporating a public act, act incorporating, imay be altered or repealed by two t Legislature, FIRE ENGINES, to be provided by Council, taxes may be levied to purchase and repair, exempt from levy and sale, FIRE HYDRANTS, power of Commissioners to construct,, FIRE LIMITS, may be established by Council, FIREMEN may be appointed by Council, may be fined for neglect of duty, exempt from military andjury duty, to be relieved by funds of fire department, to receive certificates from fire department, money may be raised to compensate, record of to be kept, See " Fire Companies," 274 99 ,28, 82 33,34 41 63, 64 66 72 86 26, 27 9,17, 73 21 ll 34,63 41 61 61,'C5 65 66 83, 84 29 29 '27, 83 28 84 79, 80, 81, 82 80 80, 81 81 81 81 82 82 82 28 83 84 86 29 27 28 28,82 81 81 8!2, 83 83 OF THE CITY OF DETROIT. FIREWOOD, measuring of may be regulated by Council, FOUNTAINS, Water Commissioners may construct, FREEMEN, elected to office and refusing to serve, may be fined, meetings of may be called by Council, to vote upon taxes in certain cases, 45, not objectionable as jurors and witnesses, GAS, price of not to be increased. GAS COMPANY, acts relative to, a body corporate, its amended style, its general powers, its capital stock, officers of, property vested in, liable for debts, when to commence operation, how long to continue a corporation, power of Legislature over its charter, shall make annual report to Council, shall not increase price of gas, GEESE, see " Animals." GENERAL CANVASS, see "Official Canvass." GOVERNOR AND JUDGES, books, records, papers and property of, rendered to corporation of Detroit, deeds of declared good, though not acknowledged, GROCERIES, may be regulated by ordinances, GUNPOWDER, power of Council relative to, HAY, weight of may be regulated by Council, HACKNEY COACHES, owners of may be licensed, rates of hire of, to be regulated by Council, HEALTH, power of Council relative to, who to constitute board of, powers and duties of, HIGHWAYS, see "Streets." HIGHWAY TAXES, provisions relative, who exempt from, HOOKS AND LADDERS, see "Fire Engines." HOOK AND LADDER COMPANIES, provisions relative to, HORSES, see " Animals." HOSPITALS, see "Alms House Department." HOSE, see " Fire Engines." HOUSES, see "Buildings." HOUSES OF ILL FAME, Council may pass ordinanceslto prevent, HOUSES OF CORRECTION, see "Alms House Department." ILLEGAL VOTING, how punished, INSPECTORS OF ELECTION, who to be, oaths of, powers, duties and authority of, when to make official canvass, where to make returns of state, district and county elections, 275 30 86 17 20 7, 78 59 99 100 95, 97 97 5, 96 96, 98 96 97 97 97 97, 98 98 99 92 94 27 31 30 30 30 18, 25, 26 100,101 101, note. 46,47 25 28 30, 31 16 15 1515,16 16 17 INDEX TO THE CITY CHARTER INSPECTORS OF FIREWOOD, to be elected, annually, by fieemen, how many to be, INTEREST, on public debt, how to be provided for, on redemption of lands sold for taxes, on bonds of Board of Education to be kept paid, on bonds of Water Commissioners, JURORS, may be fined for non-attendance, not incompetent on account of interest as citizens,, who exempt from serving as, for Circuit Court, how obtained, See " Jury." JURY, for opening drains and ditches, how obtained, &c., for opening or altering streets, &c., how obtained, &c., duty of, in matter of opening or altering streets, &c., fees of, how obtained to try cases in Mayor's Court, firemen exempt from serving on, JURISDICTION, over certain land ceded to the United States, See " Mayor's Court." JUSTICES OF THE PEACE, how many to be elected, to be voted for by freemen in their wards, their oath, bonds, powers, duties and liabilities, LAND, see " Real Estate." LAND BOARD, act to establish, who to constitute, powers and duties of, members of to take an oath, deeds by, need not be acknowledged, LANES, see " Streets," "Alleys." LEASES, to become void in certain cases, See "Declarations of Tax Sales." LIBRARY, for public schools, how sustained, LICENSES, may be granted for ferries, for taverns, ordinaries, &c., for watchmen, porters and cartmen, for draymen, hack and carriage drivers, &c., LIENS, paving assessments to be, assessments for benefits on opening or altering streets, to be, taxes lawfully imposed to be, water assessments to be, LIMITS, of Detroit, of wards, LOAN, authority of city to contract, Board of Education may effect, Board of Water Commissioners may effect, LOW GROUNDS, may be filled up and drained by Council, assessments and proceedings for filling up, assessments and proceedings for draining, MARSHAL, to be elected annually by freemen, !276 ci 6 45 50 78 87, 96 34, 63 59, 63 28, 82 100 33 36 36, 37, 38 41 63 28, S2 99 10,15 15 10 92, 93 92 92, 93 93 .93 40 75 26, 27 27 . 29, 30 30 24 38 48, 49 86 ],, 2, 3, 4 4., 5 71 78 85, 91 19, 32, 33 19 33, 34 6 OF THE CITY OF DETROIT. MARSHAL, oath, bond and compensation of, to nominate an assistant at request of Council, to put certain persons in possession of lots, power of Council relative to duties, powers and fees of, to notify Council of nuisances, his duties at fires, in proceedings to open ditches, in proceedings to open or alter streets, &c., to attend Mayor's Court and oley its orders, to execute process of Mayor's Court, his duties relative to juries in Mayor's Court, fees of, for services in Mayor's Court, See "Officers." MARKETS, Clerks of to be elected annually, power of Council relative to, MARSHES, proceedings for draining, MAYOR, to be freeholder, to be elected by freemen, to be member of Council, his official term, see " Erratum." how-long to continue in office, who to perform duties of in certain cases, may call meetings of Council, may be designated as a Police Magistrate, his powers at fires, may license porters, cartmen and watchmen in certain cases, not to hold contracts with city, to call meetings of freemen, may commit persons to work house, to be conservator of the peace, to hold Mayor's Court, may issue capias to arrest offenders, may discharge prisoners on conditions, may administer oaths and take affidavits, to be ex-officio School Inspector, to be member of Land Board, to be member of Board of Health, MAYOR'S COURT, a court of record, style of, &c., who to hold, when to be held, its terms, who to clerk of, who to be officers of, general jurisdiction of, may prescribe rules, its practice, style of process in, its jurisdiction over fire companies, its jurisdiction in matter of opening stree may issue writs of possession. 277 135 20 8 20, 52 ,)O 25 29 33 36 58 58 63 63, 64 6 20, 9,9 32, 33, 34 5 15 18 10,11 10 21 9 29 29 31 45, 77 55 57 57 59 65 67 73 92 100, 101 57, 62 57 58 58 58 65, 74, 90 58 57, 59, 61, 62, 64, 58, 64 58, 59 28 36, 37, 38, 39 52 INDEX TO THE CITY CHARTER MAYOR'S COURT, officers, jurors and witnesses in, not obje on account of interest as citizens, may issue capias to arrest in any county of the State, may impose fines, imprison, &c., may hold persons to bail, jurors in, how obtained, may fine jurors for non-attendance, may establisb costs and fees of witnesses and officers, stay of execution in, in civil cases, appeal from in civil cases, certiorari to, effect of, may discharge prisoners on certain conditions, jurisdiction of, under ordinances of School Board, may punish persons injuring property of Water Works NOTICES, of elections, in cases of proceedings to opon or alter streets, of meetings of Assessors, of tax sales, NUISANCES, power of Council relative to, NUMBERING, of buildings, -OATHS, of officers-see " Officers," also the titles of the sever respectively, of jurors in matter of opening or altering streets, &c., who may administer, of Water Commissioners, OFFICERS, what ones there shall be, what elective, qualifications of, terms of, to continue in office until their successors are elected and quali fied, power of Council to remove, services of, may be dispensed with by Council, bonds of, to be approved by Council, may be required to give new bonds, oaths of, and when same to be taken, compensation of not to be reduced, term of, to discharge duties prescribed by Council, accounts of, to be examined and adjusted by Comptroller, persons refusing to serve as, may be fined, power of Council relative to duties, powers and fees of, power of Council relative to bonds of, certain ones to attend Mayor's Court, to serve all writs delivered to them, fees of, in Mayor's Court, of Fire Department, of Water Works Department, of Gas Company, OFFICIAL CANVASS, of elections, when and where to be made, 78 - 59 59 61 61, 65 63 63 63, 64 64 64 64 65 74 89, 90 14 35, 36, 39 43, 44 49, 50 20, 25, 26 24 36 66, 67 88 5, 6, 7, 8, 9, 10 5, 6, 8, 9, 10 5, 12, 85 11 10 11 12 13 13 13, 17 13 13 7 17 20 20 58 60 63,64 80, 81 84, 85, 86 96, 98 15 OF THE CITY OF DETROIT. 15, 16 15 27 29, 30, 31,56, 60 Michigan, 21 7, 60, 64, 65, 74 66 66 74 84, 86, 90, 91 29 21, 26 53 54 54 55 24 24 24 24, 25 to be recorded by Clerk, Board of Education may make, Water Commissioners may make, PARTITION WALLS, Council may regulate construction of, PAUPERS, power of Council relative to, work house may be provided for, accounts to be kept with at work house, may be punished for refusal to work, who may commit to work house, PAVEMENTS, power of Council relative to, assessments for ma be made, how assessments for to be collected, Council may permit individuals to make, PENALTIES-See "Fines." PERJURY, false swearing before Comptroller declared to be, false swearing at elections declared to be, PHYSICIAN, to be elected annually, by freemen, See " Officers," POLICE, Council may pass ordinances in relation to, POLICEMEN, Council may appoint, powers, duties and compensation of, POLICE'JUSTICE, office of, created, official term of, oath, &c., vacancy in office of, how filled, POLICE MAGISTRATE, may be designated by Council, jurisdiction, powers and authority of, POLICE OFFICERS, Constables to perform duties of, POLL TAX, maybe evied, POOR-See " Paupers." PORTERS, may be licensed, POUND, may be established by Council, POUND MASTERS, provisions relative to, PRISON, may be provided for city paupers, how officers of to be appointed, to be under control of Council, PUBLIC MEETINGS, power of Council relative to calling of freemen to vote on taxes, PUBLIC WORKS, taxes may be levied for, not to be commenced until taxes for are levied, QUALIFICATIONS, of electors, of officers, QUA RANTINE —" See' Board of Health." 279 7 16 6 21 30 30 9 9 9 9 9 71 48 29 31 31 60 60 60 20, 23 45, 77, 78 46 4615, 16, 17, 18 5,12, 85 INDEX TO THE CITY CHARTER QUORUM, what in Common Council, majority of in Council may act, what in Board of Education, REAL ESTATE, city may purchase, hold and c may be taken for public uses, may be sold for taxes, Board of Education may hold and conve Fire Department may purchase, hold a Water Commissioners may purchase, ho RECOGNIZANCES, may be taken by Clerk, RECORDER, to be a freeholder, to be elected annually, by freemen, his official term, how long to continue in office, to act as Mayor ill certain cases, to be a member of Council, his privileges in Council, may be designated as a Police Magistrae may exercise powers of Circuit Court C his fees when acting as Commissioner, may call meetings of Council in absence his powers at fires, not to hold contract with city, may commit persons to work house, to be conservator of the peace, to hold Mayor's Court in certain cases, may issue capias to arrest offenders, mway discharga prisoners on conditions, may administer oaths and take affidavits to be ex-officio School Inspector, privileges of, as member of Board of Ed may issue warrants aganist delinquer money. to be member of Land Board, REDEMPTION, of lots sold to pay expenses of of lands sold for general taxes, REGISTRY, of voters may be made by Council, RESERVOIRS, Water Commissioners may const ROADS-See "Streets." ROAD TAX-See " Highway Taxe&" SCHOOLS, acts relative to of Detroit constitute one district, free to certain children, 7' Inspectors of, how elected, their number, official term and com pensation, vacancy in office of inspectors of, how filled, Inspectors of r efusing to serve, fined, taxes for support of. may be levied, 1280 is is . 73 2 33, 34, 35, 36, 37 49, 50 73, 77 so Y, 84, 86, 90 66 i 6 11 10, 11 10 is 10 9 10 10 21 29 31 55 57 57 59 65 67 73 74 76 92 19 50 17, 18 86 8, 79 72 2, 79 72 72, 73 73 75, 7i OF THE CITY OF DETROIT. SCHOOLS, Superintendent of, may be appointed, See " Board of Education." SCHOOL HOUSES, taxes may be levied for, SCHOOL INSPECTORS, how many to be elected, official term of, to recive no compensation, vacancy in office of, how filled, removing from ward, do not vacate their office, persons elected and refusing to serve, may be fined, may be fined for not attending meetings of the Board, may also be members of Council, See "Board of Education." may be changed, SEWERS-See " Drains and Sewers,"-" Public Works." SEXTON, to be elected annually by freemen, See " Officers." SHEE P-"See "Animals." SIDE WALKS, power of Council relative to, general provisions relative to laying out, altering, &c., 35, 36, 37, 38, 3 46 79 14 16 17 64 64 20 24 9, 40 5, 66 24 24 1l, 61 their duties and powers, SUITS, for recovery of taxes, how brought, &c., - in May or's Court-See "Mayor's Court." SUPERINTENDENT OF PUBLIC SCHOOLS, Board of Educatio may appoint, his salary, powers and duties, SUPERVISOR OF ROAD DISTRICT, to be elected annually, power of Council relative to duties, powers and fees of, See "Officers." SURVEYOR, to be elected annually by freemen, See " Officers." SWINE, Council may prevent their going at large, 36 281 75 77 8 8 8 8 79 9 9 14 SEAL, city may have, 2 q_ 6 24, 25 75 75 6 20 6 21, 31 INDEX TO THE CITY CHARTER TAVERNS, may be regulated by ordinances, TAXES, general powers of Council relative to, to be voted by freemen in certain cases, for general purposes, to pay interest on city debt, &c., for public works, for highway purposes, for use of sewers, for support of Alms House Department, for school libraries, for support of schools, for school houses and lots, for purposes of Fire Department,. who to collect, who liable to pay, how collected, to be a lien on lands, lands may be sold for, suits may be instituted for, how collected and disbursed for school purpose for school purposes to be kept separate from oth certain property exempt from, See "Assessments." TAX SALES, of lots to pay expenses of filling up, abating nuisan assessed for benefits on opening streets general provisions relative to, for delinquent water rates, TIE VOTES, what to be done in case of, TREASURER, to be elected annually, by freemen, bond, oath and compensation of, duties and liabilities of, may be prescribed by ( power of Council relative to bond of, duties of, for Board of Education, bond of, to Board of Education, See "Officers." UNITED STATES, to have jurisdiction of certain land ordinances to be in accordance with laws of, VACANCY, in offices, how caused, filled, persons appointed to fill, how long to serve, in office of Aldermen, how filled, in office of School Inspector, in office of Water Commissioner, See "Common Council," " Officers," and several officers respectively, VERDICT, of juries in matter of opening ditches, streets, &c., VESSELS, may be prohibited fi-om bringing paupers to city, 282 27 45, 46, 47 45, 46 45 45, 46 46 46, 47 47 53 75 75 77 82, 83 48 49,50. , 49, 50, 51, 61 .48 48, 49, 50 61 75, 76, 77, 78 76 99 19 25 40 49, 50, 51 1 81 16 6 13 13 20 75 76 1 99 21 12 11, 12 71 1 I-) 1 4 72, 79 85, 88 the titles of the 33,34 37 26 OF THE CITY OF DETROIT. VESSELS, Council may regulate mooring and ballast of, See "Board of Health." VICTUALLING HOUSES, may be regulated by ordinances, VOTERS-See " Electors." WARDS, number and boundaries of, officers of, officers of, removing from, vacate their office, WARRANTS, for collection of taxes, when to issue, provisions concerning, WHARVES-See "Docks and Wharves." WATCH, power of Council relative to, WATCHMEN, may be licensed by Mayor, Council may appoint, WATER COURSES-See "Streets." WATER WORKS, act relative to, See" Board of Water Commissioners." WEIGH MASTERS, to be elected annually, by freemen, number of, See " Officers,"" Hay." WITNESSES, in court not objectionable, because citizens of Det Mayor's Court may establish fees of, WOOD-See " Firewood." WOOD INSPECTORS, to be e]ected annually, by freemen, number of, See " Officers," " Firewood." WORK HOUSE, general provisions relative to, WRITS, from Mayor's Court, provisions concerning, WRIT OF POSSESSION, provisions relative to, 283 !27 7 4, 5 6, 8, 14 12,14 48 49 20, 29, 30 29 30 84 to 91 6 6 59 63, 64 6 6 53, 54, 55, 56 58, 59 1 52, 61 INDEX TO CITY ORDINANCES. APPOINTMENT, of City Printer, of Pound Keeper, of Street Commissioner, of City Comptroller, of City Hiistoriographer, of City Collector., of City Chimney Sweeps, ATTORNEY, City, oath and bond of, qualifications of, duties of, how to dispose of moneys collected by him, shall give his opinion to Clerk on assessment rolls, shall meet with Assessors, and advise them relative to general assessment, shall make necessary conveyance of lands sold for taxes, fees of; in Mayor's Court, to prosecute principal and surety on porters' and runners' bond, ASSESSMENT, rolls to be charged by Clerk to persons receiving the same, register for, to be provided by Clerk, Clerk shall ascertain and determine the expense of special assess ments, and charge the same, for sewers, Treasurer to credit the money received for to sewer fund, for side and cross walks shall be made by Street Commissioner, special, to be collected by City Collector, moneys collected to be deposited weekly by City Collector, special, to be delivered by the Comptroller to Treasurer, special, how long the Treasurer shall retain the rolls for, special, when persons assessed may pay to Treasurer, special, rolls for, when to be delivered by Treasurer to Collector, how, special, how Collector shall proceed to collect, special, City Collector to mnake return to the Council of his doings under, for general taxes, duty of City Attorney relative to, notice of meeting of freemen to asses tax, how published, when meeting of freemen assess tax, same to be certified to Council by chairman of the meeting, duty of Clerk to carry out in the rolls the amount granted by meeting of the freemen, 105 105 114 112 116 116 121 105 107 107 108 109 125 131 225 248 108 109 109 III 114 117 117 117 117 117 118 118 118 125 125 125 126 INDEX TO CITY ORDINANCES ASSESM Attorney to prepare conveyance, lands sold for, Treasurer to keep a record of, lands sold for, how redeemed, 3 lands sold for, forms of proceeding, 131, for highway tax, persons paving or planking in front of their r dence, exempt from, for side walks, how made, notice to persons assessed for, how published, notice to persons assessed for, when served by Collector, rolls for side walks to be examined and approved by Council, for plank walks, how made, to plank or pave streets and avenues, on whom made, for cross streets, 1 for paving and planking, manner of making, 139 for paving or planking, collection of, 139 for cross walks, how made, 140 who shall pay expense of, 141 roll for plank side walks, form, 142 notice of, to persons to be assessed, 142,143 for road tax, rolls how prepared, 144, 145 rolls for road tax, how divided, 145 for road tax, roll of for each district to remain at Clerk's office open to inspection, 145 roll for road tax, persons aggrieved in, may appeal to Council, 145 roll for road tax, to be presented by Clerk to Mayor- and two Aldermen for warrant, 145 roll for road tax, duplicate of; with warrant, to be deposited with Comptroller, 146 roll for road tax, duplicate of and warrant, when and how deliv ered to Supervisors, 146 28)S 134 135 136 136 136, 137 138 138, 139 139 139 139 140 141 142 142, 143 144, 145 145 OF THE CITY OF DETROIT. ASSESSMENT, for road tax, Supervisors to demand payment of, &c., 146 rolls for road tax, Supervisors to add names left out, 146 for road tax, 60 cents per day, 146 for road tax, when Supervisors may distrain for, 146 for road tax, when and how Supervisors shall return unpaid, 147 for road tax, amount returned unpaid, how collected, 148 for road tax, money collected for, returned to Treasurer, 148 for road tax, Supervisors to render an account to Comptroller on oath, contents of accounts for road tax, and forms of pro ceeding, 150, 151, 152, 153 districts, city divided into three, 154 for drains, to be paid before drain put down, 169 for draining cellars, amount of, 170 for draining cellars, when collected, 170 for draining cellars into public drain, a lien on premises, 170 for sewers, how appropriated, 171 for sewers, how collected, 171 for lateral sewers, how assessed, 174 for lateral sewers, lien on premises, 174 for lateral sewers, when Council may deduct from amount as sessed for, 174,175 for making sluices, filling low grounds, &c., 213 expense of making sluices and filling low grounds, when to be a valid assessment, 214 clerk to record in assessment register all assessments for making sluices, &c., 214 AUCTIONS, no goods to be sold by auctioneers in public streets, except what, 184 what may be sold in the streets, 184 no auctioneer shall employ bell-men or criers, 184 what part of the city it is unlawful to sell horses, cattle &c., at in, duty of Marshal to enforce ordinances relative to, notice of sale of property at, for taxes, notice of sale of property at, for city taxes, land to be sold at, for taxes, notice of sale of land at, property of those whose assessments are not paid to be sold at, goods and chattles to be sold at for delinquent highway tax, stalls in public markets to be sold at, AWNINGS, see "Streets." ALLEYS, see "Streets." ALDERMEN, City Treasurer to deliver special assessment roll to any three, when they shall join Mayor or Recorder in issuing warrant for special assessments, to notify owner or occupant to repair street, side.walk, &c., to join Mayor or Recorder in warrant for collection of highway taxes, 287 184 184 119 128 130 131 138 147 170 118 118 141 145 INDEX TO CITY ORDINANCES ALDERMEN, ex-officio fire wardens, staff of, at fires, to specify repairs and amount of expenditure in road distri where they deem necessary, ASSISTANT ENGINEERS, see "Fire Department." ASSISTANT FOREMEN, see "Fire Department." APPEAL, from assessment of road tax to Council, from assessment for repairs of draids and sewers, ABATEMENT, assessment for abating nuisances of nuisances, when Council may order, of houses of ill fame, as nuisance, BAKERS, to obtain permits, permits of, how obtained, See "Sales." BREAD, to be made of good flour, weight of loaves, penalty for selling under weight, marshal ex-officio inspector of, 186 BUILDINGS, numbers of, 167 See "Streets." erection of, in certain limits, 202 See "Fire Department." CITY OFFICERS, oath and bonds of; 105, 106 CLERK, CITY, shall keepf) journal of the proceedings of the Council, 108 shall keep accounts of the city and take receipts from the officers when, 108 shall procure stationery for use of Council, 108 report once in three months all moneys disbursed by him, 108 shall keep an.account of all clerk fees, 108 shall keep an assessment register, 109 shall inform City Attorney of filing of, and procure his opinion on assessment rolls, 109 shall ascertain and determine expense of making assessments on lands and tenements, 109 shall keep a register of all accounts allowed against the city, 113 shall register names of chimney sweeps and give them certificates, 121 to give certificate to scavengers, 123 to publish call for meeting of the freemen, 125 shall record in journal and file authority to levy tax granted by the freemen, 125, 126 when to credit collectors with unpaid taxes, 127 shall notify persons proposed to be assessed for side walks, &c., 136, shall present duplicate assessment rolls for highway tax to Mayor or Recorder, and at least two Aldermen for warrant, 145 shall certify to Comptroller the amounts allowed by the Council for repairs in road districts, 149 shall publish the semi-annual report of the Chief Engineer, 189, 190 to countersign certificate of firemen, 191 to execute deeds of grave lots, 211 8 188 191 149 145 172 213 214 215, 216 185 185 185 185 185 186 167 OF THE CITY OF DETROIT, CLERK, CITY, to keep register of lots sold in cemetery, to record in assessment register all assessments for abating nui sances, making sluices and filling low grounds, shall issue a capias respondendum, when, may require complainants in Mayor's Court to give security for costs, 220, shall report once in three months the particulars of the business of the Mayor's Court, shall pay to Treasurer all money by him received belonging to city,. fees of in Mayor's Court, 223, to pay fees on demand to officers entitled to them, to issue cab, hack and omnibus licenses, to register all persons licensed to keep cabs, hacks, &c., to license cartmen, draymen and wagoners, to keep a register of all persons licensed as cartmen, draymen, &c to give persons licensed by Council to keep tavern, &c., certifi cate of license, to make out all licenses, CLERK OF MARKET, oath and bond of, 105, all places within the city where fresh meat and fish are sold under the supervision of, when may grant privilege of selling meat after market hours. duty of to attend all markets and enforce ordinances relating thereto, to designate where vegetables offered for sale shall be exposed, 179 to cause unsound vegetables to be removed forthwith, 179 COMMON COUNCIL, shall appoint Pound Keeper and city Printer, when, 105 to fix amount of bonds of city officers, 106 to prescribe the salaries of officers, 106 to prescribe rate of compensation of ward collectors, 109 to fix by resolution where Treasurer shall deposit money, 110 to appoint City Comptroller, when, 112 to appoint Street Commissioner, when, 114 to appoint City HIistoriographer, 116 to appoint City Collector, 116 to license scavengers, 122 may direct suspension of the work of scavengers, 125 to designate materials for planking or paving side or cross walks, 134 owners may pave or plank under direction of, 135 shall raise money for paving or planking side walks by assess ment, 135 to review assessment for side walks, how and when, 136,137 may authorize plank side walks, 137 may construct side walks in case assessment therefor is not paid, 138 how they may provide for grading, paving or planking street or alley, &c., 138, 139 may order street, sidewalk, &c., repaired when injured, 141 37 89 178 179 179 INDEX TO CITY ORDINANCES COMMON COUNCIL may authorize any other person to perform the duties of Street Commissioner, 141 have power to extend time for performance of duties relative to road tax, 148 may at any time require report from supervisors relative to road tax, 148 may order persons taking up to replace side walk, &c., 166, 167 may direct owners to construct lateral sewers or drains, 173 shall give thirty days' notice to non-resident owner to construct lateral sewer or drain, 174 when may deduct from assessment for drainage, 174,175 shall designate where markets may be held, 175 to direct to whom Mayor shall issue license to sell fresh meat, 175 to determine minimum rent of stalls in market, 176 to determine minimum rent of stalls in market, 176 may license persons to sell meatby the carcass or quarter from shops or wagons, and other vehicles, 180 to grant permits to bakers, 185 to appoint fire wardens, 188 members of exempt from control of Chief Engineer at fires, 189 to direct how many members shall compose fire companies, 190 members of may arrest and detain persons inpeding or resisting officers at fires, 192, 193 members of may require aid at fires, 193 to appoint suitable person to be keeper of powder magazine, 200 may direct assessment for expense of abating nuisance, 207 to designate lots in cemetery for interment of strangers, &c., 212 shall by written resolution authorize competent persons to fill sluices, &c., 213 may abate houses of ill fame, 216 to license ferries, 231, 232 to authorize the licensing of ball alleys, &c., 241 to authorize the licensing of shows, &c., 242, 243 to license taverns and inns, 244 CEMETERY, see " Grave Yards." CARTS, DRAYS &c, no person to ply without license, 239 who may be licensed to ply and how, 239 persons who have resided in city less than three months, by pay ing five dollars additional may have license to ply, 239, 240 license to ply, not to be assigned, unless how, 240 to be numbered, 240 penalty for not numbering, 240 rates, 240 penalty for receiving greater rates, 240 clerk to keep a register of all licenses of carts, &c., 240 CHIMNEY SWEEPS, how appointed, 121 to give bonds, 121 to register their names with clerk, 121 clerk to give them certificate, 121 contents of certificate, 121 290 OF THE CITY OF DETROIT. CHIMNEY SWEEPS, to wear badge in front of their caps, penalty for not wearing badge, shall within forty eight hours after application, clean chimney, penalty, 122 fees of, 122 penalty for not having chimneys swept, 122 CHIMNEYS, Fire Wardens to have them cleaned when they deem necessary, 196 may require alteration of in blacksmith shops, 196, 197 owners to be fined when they take fire, 197 Fire Wardens may prescribe regulations for cleaning, 197 penalty for neglect to comply with regulations of Wardens, 197 not to be set on fire for purpose of cleaning without consent of Wardens, 198 how to be constructed, 198 CABS, see "I Public Carriages." COMPTROLLER, CITY, how appointed, term of office, oath and bond of, 112 shall examine and report upon accounts against the city, 112 general duties of, 112,113 salary of, 113 to deliver special assessment rolls to Treasurer, 117 to deliver rolls for city, school, highway and sewer taxes to to report road tax rolls to Council, authorized with committee on streets to let cleaning of streets to lowest bidder, COMMISSIONER, STREET, to be appointed by Council and to hold office at their pleasure, oath and bond of, duty to superintend the making, repairing, paving, or opening of all streets, lanes, alleys, &C.,' to exercise control over supervisors, to make assessment of side and cross walks, to cause to be enforced all ordinances, &c., concerning streets and alleys, salary of to assess expense of making side walks, &c., mode of assessment, &c., See "Errata." general duty of relative to assessment for side walks, duty of relative to plank walks, See "Errata." to construct cross walks, when, to report assessment therefor to Council, when, See "Errata." posts not to be put up in street, except under direction of pattern of awning posts to be kept in office of, braces to support posts to be put up under direction of, COLLECTORS, CITY, to collect city tax in several wards, how compensated, 291 121 121 126 145 Treasurer, 160 114 114 114 114 114 114 114 135 135 135,136 137, 138,139 140 140 163 164 164 109 109 INDEX TO CITY ORDtIANCES COLLECTORS, CITY, bond, to deposit amount collected once a week, to report to Council once a month, See " Assessment." COLLECTOR, CITY, how appointed, term of office, qualifications, oath and bond of, duty to collect special assessments, to deposit money collected once in each week, and to deposi same money collected, to report to Common Council once in each month, affidavit of, to accompany report, warrant to, of Mlayor and two Aldermen, manner in which he shall proceed to collect when may levy on goods and chattles, how may sell goods and chattles levied on, to make return of doings under warrant, when, See "Assessments." ~CONSTABLES, duty of to notice violations ofordinances, to arrest and bring before member of Common Council, perso guilty of breach of ordinances, relative to ulse of streets a: alleys, to repair on alarm of fire with staff of office to place of fire, duty of at fires, to arrest and bring before memnber of Council persons guilty breach of peace, duty of relative to houses of ill fame, duty of relative to injuries to public property, when shall return process in Mayor's Court, resistance of, in performance of duty how punished, fees of in Mayor's Court, duty of, to enforce ordinances relative to ordinaries and grocers to make complaint of violation of chapter relative to boats, cars, CROSS WALKS, See " Streets," CLEANING STREETS, see "Streets." CELLARS, how they may be dug, area to be closed while cellars are being dug, cellars in lanes, directions for digging, owners to report to assessors and pena!ty, when dogs may be killed, assessors to keep register of, sluts and bitches to be killed, vicious, no one allowed to keep, to be muzzled, how muzzled, M3arshal to kill, and when may employ dog killers; ordinances relative to may be suspended, when, DRAYS, see " Carts." D.)RAINS, none to be laid without permission of Council, 292 1'09 110 110 110 116,117 117 117 117 117 118 118 118 118 118 107 159 193 193 215 216 210 222 222, 223 224 es, 241 .&C, 250 165 166 166 230 230 230 230 230 231 231 231 231 231 DOGS, may be taxed, 169 OF THE CITY OF DETROIT. DRAINS, size of to be determined by Couneil, assessment for, amount of, assessment for drains to be paid in when city and school ta are, persons using public drain liable to assessment for, assessment for using public drain a lien on lots, injury to public drain, how punished, connecting with drains without permission, punishment for, what are public, private drains, persons connecting with drain already made to pay rateable r portion of expense for, to proprietors thereof, persons connecting to put in sufficient strainers, how repairs for drains shall be ascertained and paid, when drain so obstructed as to become a nuisance, Marshal to notify proprietor to repair &c., 172 when proprietor neglects to repair, penalty, 172, 173 no connection with public or private drains to be made until Sur veyor has ascertained grade, 173 Council may direct construction of lateral drains, 173 proceedings if owners neglect to make lateral drains, 173 lateral drains to be built under direction of Council, 173 lateral drains to be repaired at expense of owners, 174 notice to non-residents of drainage of premises, 174 Council shall deduct from assessment for drains, where premises already drained. 174, 175 ENGINEERS-See " Fire Department." ENGINES-See "Fire Engines." FINES-See "Punishment." FORFEITURES-See "Punishment." FORMS, of warrant for collection of special assessment, 119 of notice of sale of chattel levied on for delinquent;special'assess ment, 119, 120 of return on City Collector's warrant, 120 of affidavit of City Collectior, to accompany return, 120 of warrant for collection of city taxes, 127, 128 notice of sale of property distrained for city taxes, 128 return of Collectors on warrant for city taxes, 128, 129 affidavit of Collectors to accompany return, 129 notice of tax sale of lands, 131, 132 of declaration of sale of lands, 132, 133 of resolution for construction of sidewalks, 142 of assessment roll for constructing plank side walk, 142 of notice to persons assessed for constructingside walks, 142, 143 of assessment roll for highway labor, 150 of warrant for highway tax, 150, 151 of notice of sale of property for highway tax, 151 notice to non-residents of amount of highway tax, 151, 152 of return of delinquent taxes, 152 ')93 169 169, 170 170 170 170 170 170, 171 171 172 172 172 172 INDEX TO CITY ORDINANCES FORMS, of affidavit of Supervisor to accompany return of delinqu road tax, of general return of Supervisors, FEES, for officer holding Mayor's Court, in each case, Clerks, Marshals, Constables, Jurors, Witnesses, Attorney's, where not provided for, to be same as in Wayne Circuit Court, not to be charged against city, Clerk to pay to officers entitled to them' on demand, fines and other proceeds of Mayor's Court to be kept and consti tute a fund for payment of officers, of Pound Keepers, of Weigh Master, of Inspectors of Firewood, of Sexton, FERRIES, to be licensed by Council, 231, penalty for not procuring license, term of license, license, how to be obtained. recognizance, the granting of licenses not to prevent Council from granting other licences, 153 153 223 ,224 224 224 225 225 225 225 225 225 time ferry keepers shall attend ferry, liable to be deprived of lieense if they fail to comply with ordi nance and recognizance. not to detain persons desirous of crossing river more than fifteen minutes, place of, not to be moved without permission of Council, gaming &c., prohibited on, rates of ferriage, keepers to print and keep in conspicuous place on boat, list of rates, 233, FUND, general, what moneys to be credited to, contingent, " " (a road, " " " interest, " " "1 sewer, " " " Mayor's Court," " a FENCE VIEWERS, duties and provisions relative to, FORESTALLIN G, hucksters, forestallers, grocers, or sellers of any article of provision at second hand, not to purchase, or offer to pur chase, during market hours, certain provisions, FIRE DEPARTMENT, of whom shall consist, when Chief and Assistant Engineers to be appointed, Aldermen ex-officio Fire Wardens for the several wards, 519,i 225 228 182 187 211 232 232 232 232 232 232 232 233 233 233 233 233 234 110 ill ill ill ill ill 239 ISO 188 188 188 OF THE CITY OF DETROIT. FIRE DEPARTMENT, eight additional Wardens to be appointed, how, 188 Wardens to constitute fire guard, 188 duty of fire guard, 188, 189 duty of Engineers at fires to report to Chief Engineer, 189 Chief Engineer to have control over every one at fires, except Aldermen, I819 in absence of Chief Engineer, who shall perform his duties, 189 duty of Chief Engineer, 189, 190 duty of fire companies, 190 duty of hosemen, 191 firemen &c., to get certificate of election to company from Treasurer, 191 certificate to be countersigned by Clerk, 191 badge of Mayor and Aldermen at fires, 191 badge of Chief Engineer at fires, 191 Chief Engineer to carry a speaking trumpet, 192 Assistant Enginieer, badge of, 192 Assistant Engineers, to carry speaking trumpets, 192 badge of foremen, 192 badge of members of companies, 192 sextons of churches, on alarms of fire to ring bells, penalty, 192 duty bf watchmen on breaking out of fires, to give alarm, 192 punishment for disobeying orders at fires, 192, 193 members of Council and Fire Wardens may arrest persons resist ing or impeding at fires, 193 certain officers may require aid of citizens in drawing engine, &e., to fires, 193 punishment for injuring fire apparatus, 193! Marshal and Constables shall repair to fires, 193 Marshals and Constables, duty of at fires, 193 hook and ladder wen, under whose direction they may pull down buildings, 194 fines collected under fire ordinances to enure to fire department, 194 no one having charge of engine, &C., to put it to private use, 194 Fire Wardens, term in office of, 194 Fire Wardens, board of, to nominate to fill vacancy in their num ber, 194 no engine shall be run on side walk during certain hours, 194, 195 false alarms, punishment for, 195 FIRES, PREVENTION OF, Fire Wardens to constitute a Board, 195 duties and powers of, 196 duty of Fire Wardens to inspect premises for prevention of fires, 196 may cause chimneys to be burned out to clean tli em, 196, 197 Wardens may prescribe general rules for burning chimneys, 197 penalty for disobeying Wardens, 197 owners or occupants liable for expense of obeying Fire Wardens, 197 how stove pipes may be put uip, 198 chimneys not to be cleaned by burning without consent of War dein of the Ward, 198 how chimneys shall be constructed, 198 95 INDEX TO CITY ORDINANCES FIRES, PREVENTION OF, no person to carry open fire through streets, &c., no ashes to be kept in any part of the city, unless how, no person to let off fire works unless with written permission Mayor, &c., contents of such permission, punishment for firing cannon without consent of Mayor, &c., dwellings and buildings more than one story high to have scutt through roof, shavings or other combustibles not to be kept unless by direct: of Fire Wardens, bonfires prohibited,: of Fire Wardens, 199 bonfires prohibited, 199, 200 hay and straw not to be kept in certain places, 200 powder not to be placed in magazine, unless approved by Council, 200 Council to appoint suitable person to keep powder magazine, 200 firemen may seize powder, when 200 where and how powder may be kept, 200, 201 Chief Warden or Marshal to dispose of powder seized for the benefit of Fire Department, 201 how owners of vessels shall land powder 201 mode of conveying powder through the streets, 201 202 no greater quantity of powder than 28 pounds to be unladed from vessels, &c., 202 no lights save lanterns to be used in stables, 202 FIRE LIMITS, boundaries of, 202, 203, 204 certain wooden buildings to be permitted in, 204 size of such buildings and uses, 204 partition walls to be erected in buildings, 205 no wooden building to be removed from one lot to another, 205 no wooden building to be repaired by raising, or otherwise to in crease heighth, 205 heighth of buildings without fire limits, 205, 206 lime kilns prohibited within limits of city, 206 FIRE ENGINEMEN, to be divided into companies, 190 duties of, 190, 191 when elected, member of a company, to call on Treasurer of Fire Department, and obtain certificate of election, 191 contents of such certificate, 191 certificate to be countersigned by Clerk, 191 FIRE ENGINES, companies to be assigned to, 190 to be conveyed by companies in charge of them to place of fires, 190 to be drawn out by order of Chief Engineer, for washing, clean ing, &c., 190 injuries to, how punished, 193 not to be applied to private uses, 194 not to be run on side walks adjoining paved streets during cer tain hours, 194, 195 FOREMEN, of engines to be chosen by companies, 190 badge of, 192 296 I 98 198 198 198, 199 199 199 OF THE CITY OF DETROIT. FOREMEN, may require aid of citizens in drawing fire apparatus to fires, 193 FIRE WORKS, not to be let off in city without permission of Mayor or two Aldermen, 198 permission to be in writing, and to specify time of firing, 198 GENERAL FUND, what monies to be credited to, 111 GRAVE YARDS, public yards designated, 210 depth of graves, 210 duty of Sexton, 210, 211 no bodies to be interred except in, 211 fees of Sexton, 211 lots and half lots, how purchased, 211 Clerk to convey lots, 211 no persons to be interred without consent of owners of yards, 211 Clerk to keep register of all lots sold, 212 alleys in, not to be obstructed, 212 Council to designate lots for burying strangers, 212 Sexton to keep register of interments, &c., 212 G(AS LAMPS, injuries to, how punished, 218 GAMING, on ferries, punishment for, 233 in ordinaries and groceries, 241 in ball alleys, billiard saloons, &c., 242 in taverns, inns and hotels, 245 GUNPOWDER, not to be deposited in any magazine not approved by Council, 200 Council to appoint suitable person to be keeper bf powder magazine, 200 firemen finding in vicinity of fire more than 28 pounds may seize the same, &c., 200 powder seized by firemen forfeit to use of Fire Department, 200 how and in what quantities powder may be kept, 200 kept contrary to ordinances may be seized, 201 so seized, forfeit to Fire Department, 201 commanders and owners of vessels having powder, to land same in small boats above or below the city, 201 how it may be conveyed through streets, 201 how carmen may carry it through streets, 201 no greater quantity than twenty-ei!,ht pounds to be landed at slip or wharves, 202 GUNS, not to be fired off in city without the written permission of Mayor or two Aldermen, 198 GUTTERS, owners or occupant to keep in front of premises clean, 157 rubbish, &c., not to be thrown into, 157 HACKS-See'"Public Carriages." HISTORIOGRAPHER, to be appointed by Council, 116 duty of, 116 to deliver over documents, when, 116 office honorary, 116 HORSES, to be kept off side walks, 162 not to be vended in certain streets, 184 38 297 INDEX TO CITY ORDINANCES HAY AND STRAW, provisions relative to, 182, See " Sales." HOUSE, of ill-fame, penalty for keeping, disorderly, penalty for keeping, when such house may be abated, 215, letting house for disorderly and lascivious purposes, punishment for, houses of ill-fame, &c., HOUSE OF ILL-FAME-See "House." HOUSE, DISORDERLY-See "House." HOSEMEN, to be divided into companies, to choose their own officers, to cause their hose to be carried to fires, when elected to fill vacancy in company, duty to call on Treas rer of Department, and receive certificate, foremen and assistant foremen, badges, foremen of may require aid to convey apparatus to fire, not to suffer apparatus in their charge to be applied to private - See" Fire Department." HOOK AND LADDER, men to be divided into companies, men when elected to fill vacancy, to procure certificate, &c., companies, foremen and assistant foremen of, their badge, foremen of authorized to require aid in hauling apparatus to fir men at fires to act under control of Chief Engineer and t members of Council, trucks not to be run on sidewalks in certain hours, INSPECTOR OF BREAD, Marshal ex-officio, INSPECTORS OF FIREWOOD-See "Wood." INJURIES TO PUBLIC PROPERTY-See" Public Property." INDECENT, IMMORAL AND INSULTING LANGUAGE-punis ment for, INTEREST FUND, see "Funds," JAIL, keeper of not to suffer persons commited by Mayor's Court to at large, KITES, not to be flown within limits of city, LADDERS, see " Hook and Ladder." LANDS, when may be sold for taxes, how they may be sold for taxes, Treasurer to report sale of to Council, when purchaser of entitled to conveyance, purchaser of at tax sales to pay for within forty-eight hours, 1 City Attorney to prepare conveyance, Treasurer to keep a record of land sales, how lands sold for taxes may be redeemed, LURKING, &c., TO COMMIT CRIME, provisions relative tot LICENSES, scavengers to be licensed by Council, of ferrymen, 298 216 216 216 to 216, 217 194 195 186 214 III 223 159 129 129,130 130 130 130 131 131 131 214 123 232 OF THE CITY OF DETROIT. LICENSES, of cabs, hackney coaches, &c., of cabs, hackney coaches, &c., when Mayor or Recorder may 237 239 241 12, 243 243 246 248 246 d5, 106 107 147 158 MARSH to use of side walks, 159 duty of to require persons to remove obstructions from side walks, 161 to remove all obstructions from side walks in front of unoccupied lots, to plosecute owner or occupant for not cleaning side walks at appointed time, to remove wooden posts erected for purpose of awnings, to notify owner or occupant of wharves to replace and secure plank upon wharves, when drains or sewers so obstructed as to be nuisance, to notify owners to repair, ex-officio inspector of bread, duty of as inspector of Bread, duty of to repair to fires on alarnm, duty of to report to Council the existence of nuisances, to report to City Attorney violations of ordinances relative to nuisances, to give notice to owner or occupant to make sluices and fill low grounds, &c., 213 may arrest persons guilty of breach of ordinance relative to breaches of the peace, &c., 215 to report infractions of chapter relative to houses of ill fame, &c. 216 to arrest person guilty of infraction of first and fourth sections of chapter relative to houses of ill fame, 216, 217 to make complaints of violations of chapter relative to injuries to public property, 218 to retain persons brought to him by night watch, 219 to bring persons apprehended by night watch uip for examination, 219 duty of in Mayor's Court, 221 when to return process in Mvayor's Court, 222 resistance of in performance of duty, punishment for, 222, 223 fees of, in Mayor's Court, 224 not to be allowed per diem in Mayor's Court, 225 not entitled to fees as against city, 225 299 234 revoke, 163 163 164 168 172 186 186 193 208 908 INDEX TO CITY ORDINANCES MARSHAL, slut or bitch liable to be killed by, 230 to kill vicious dogs, 231 when to kill all dogs, 231 may employ discreet persons as dog killers, 231 to notice and enquire into all violations of chapter relative to ordi naries and groceries, 241 to arrest persons violating chapter relative to shows, &c., 243 to make complaint of violations of chapter relative to arrival and departure of boats, &c., 250 MAYOR, to approve bond of Street Commissioner, 114 to join in issuing warrant for collection of special assessments, 118 to join in warrant for collection of city taxes, 126 to execute under corporate seal, &c., conveyance of lands sold for taxes, 131 duty of to notify owners to repair side walks, paved streets, &c., 141 to join in warrant for collection of road tax, 145 to appoint persons to clean streets, 162 may notify occupants to repair wharves, 168 to issue licenses to persons to sell fresh meat, 175 staff of at fires, 191 may give permission to fire guns, &c., 198 may give permission to fire cannon, 199 mnay send persons with small pox to such place as public safety requires, 209 has power to establish night watch, 218 may remove member of night watch, 220 may revoke license of cabs, hacks, &c., 237, 238 may grant permission to draymen, &c., to assign license, 240 may discharge persons arrested for infraction of chapter relative to shows, &c., how, 243 tavern licenses, &c., to be issued under hand of, 244 to license porters and runners, 246 may revoke license of porters and runners, 246 MAYOR'S COURT, City Attorney to appear in behalf of city in, 107 Street Commissioner to make complaint in of violation of ordi nances relative to streets, &c., 114 process in, how to issue, 220 clerk of; may require security for costs, 220, 221 Marshal and Constable to execute process, 221 bail in, 221 execution in, 221, 222 when complaint malicious, complainant to pay costs, 222 clerk to report business of to Council quarterly, 222 Marshal and Constables returns in, 222 penalty for resisting or obstructing officers of, 222, 223 when inconvenient to bring offender before committing magistrate, officer to deposit him in jail, 223 when offender shall be brought before member of Council, 223 keeper of Wayne County jail to detain persons committed by, 223 300 OF THE CITY OF DETROIT. MAYOR'S COURT, members of, Council and Attorney may direct jailor fees in, 223, 2' fees not provided for to be same as in Circuit Court, all fines and proceeds of to constitute a fund for payment of ex penses of, NOTICES, of tax sale, of assessment for side walks, of sale of property for road tax, to remove obstructions from side walks, to owners, &c., to repair wharves, to persons to repair drain or sewer, to non-residents of construction of lateral drains,17 to abate nuisance, NUISANCES, how they may be abated, penalty for nuisance, who to',abate, certain, to be buried, Marshal to report to Council existence of, NUMBERING BUILDINGS, see "Streets." ORDINARIES AND GROCERIES, see "Places of Recreation a Refreshment." PUNISHMENT, for suffering night soil to accumulate, for refusing or neglecting to repair side walks, for leaving vehicles in streets, for leaving untied horses in streets, for leaving certain material for purpose of building in street m than four months, for obstructing gutters by building, for not removing building material' when building is finished for laying down drains, sewers or water pipes within four fee curb stones, for not repairing side walk, &c., torn up in building, &c., for not cleaning gutter in front of premises, for throwing rubbish, filth, &c, into gutters, for depositing nuisances in streets, for not guarding excavations, for using streets to cut, saw, &c.,timber in, for leaving obstructions in streets at night, for displaying stud horses, for flying kites, for removing earth from streets, for building shantees for sale of goods in streets, for blocking cross walks with vehicles, for permitting property to remain in streets until it become nuisance, for leaving goods, wares, &c., on sidewalks, for injuring pavements by obstructions, for not sweeping sidewalks and gutters, 301 to release prisoi-ier, 223 24, 225 225 225 129 136 147 161 168 172 174 -07 207 207 207 208 208 124 141 155 156 156 156 156 156 156, 157 157 157 157, 158 158 158 158, 159 159 159 159 159, 160 160 s a 160 161 161 162 INDEX TO CITY ORDINANCES PUNISHMENT, for not removing snow from walks, 163 for putting up posts, &c., not under direction of Street Commis sioner, 163 for putting up wooden awning posts, 164 for not putting up awning posts according to pattern, 164 for connecting posts in the gutter by rails to the building, 164 for awnings hanging within eight feet of ground, 164 for signs, gilt watches and other obstructions, extending more than three feet into streets, 164, 165 for awnings not extending to curb, 165 for not closing area while cellar is being dug, 166 for opening cellar way more than three feet into street or alley, 166 for not numbering houses, 167 for not repairing wharves, 168 for removing grates from pools, 170 for injuring drain or sewer, 170 for connecting with drain without permission, 170 for laying down drain or sewers contrary to ordinance, 170, 171 for connecting with drains and sewers in places not designated in their construction, 171 for not repairing drains or sewers, 172 for neglect to construct lateral drains, 173 for repairing and cleaning lateral drains, 174 for selling unsound provisions in markets, ] 78 for violating provisions of chapter relative to markets, 179 for forestalling, 180 for selling meat by quarter or carcass without license, 180 for selling woodcock, &c., out of season, 181 punishment for violation of chapter relative to hay and straw, 183 for selling unwholesome liquors and provisions, 183 for violating provisions relative to auctions, 184 for vending horses, cattle, &c., in certain parts of the city, 184 for making bread less than weight, or of unsound materials, 185 for obstructing or impeding bread inspector 186 for selling wood contrary to certificate, 187 for wood venders standing in improper place in streets, 187 for refusing to work at fires, 193 for injuring fire apparatus, 193 for Marshal or Constable neglecting to perform duty under fire ordinance, 193 for applying fire apparatus to private use, 194 for running engines, &c., on side walks during certain hours, 195 for false alarms of fire, 195 for neglect or disobedience of rules by Fire Wardens, 196 for not abating danger in chimneys, 197 for not sweeping or cleaning chimneys at required-periods, 197 for disobeying or obstructing fire wardens, 197 for putting up stove pipes insecurely, 198 for constructing chimneys improperly, 198 302 OF THE CITY OF DETROIT. PUNISHMENT, for carrying open fire through streets, for depositing ashes insecurely, for firing guns, fire works, &c., for firing cannon, for not putting scuttles in roofs, for keeping combustibles, for burning shavings in streets, for keeping stacks of hay and straw within three hundred fee buildings, for keeping gunpowder contrary to ordinances, for unlading powder at slips, wharves, &c., contrary to ordinan for using open lights in stables, for erecting buildings within fire limits, contrary to ordinance for not pntting up partition walls, for increasing height of wooden buildings, for removing wooden buildings into fire limits, for erecting buildings without fire limits contrary to ordinance for erecting lime kilns, for nuisances, for depositing and not burying certain nuisances, for not closing taverns, &c., where small pox exists, for not placing signs on houses where small pox exists, for neglect of physicians to report cases of small pox, for putting perishable matter into docks, for depositing offensive matter in the river, for exposing naked bodies in bathing, for violation of chapter relative to grave yards, for obstructing alleys in grave yards, for persons other than Sexton, &c., opening graves, for lying in wait to commit crime, mischief, &c., for noise, riot. indecent language, &c., for keeping ill-governed house, for keeping house of ill-fame, for letting house for disorderly purposes, or for house of ill-fam for suffering revelry, rioting, drunkenness, &c., in house, for injuries to public property, for injuries to private property, for illegal use of property of Fire Department, for illegal lighting and extinguishing gas lamps, and inju thereto, for injuring reservoirs, for resisting and intermeddling with night watch, for negleet of jailor to detain prisoners, for owner permitting animals to run at large, for breaking city pounds, for hindering persons driving animals to pound, for violation of ordinances relative to dogs, fobr illegal fees on ferries, ior detaining persons at ferries unnecessarily, 303 198 198 198 199 199 199 200 200 201 ')02 202 204 205 205 205 206 206 207 208 208 209 209 209 210 210 211 212 212 214 214 215 215 216 216 217 217 218 218 1218 218 223 9-,27 228 1)29 .-i 0, 3 —I, -)32 2.33 INDEX TO CITY ORDINANCES PUNISHIMENT, for gaming, blasphemy, &c., on ferries, 233 for neglect to publish rates on ferries, 234 for keeping hackney coaches, &c., without license, 234, 335 for cabmen receiving illegal fare, 236 for cabmen refusing unreasonably to convey persons, 236 for cabmen, &c., neglecting to place number of license and rates of fare of cab, 236 for livery stable kceper not complying with ordinance relative to cabs, &c, 236, 237 for hotel keepers not obtaining licenses for carrying passengers, for not placing number of cab license, &c., on doors of vehicle, for violating chapter relative to stands of public carriages, for illegal assignment of cart and dray license, for not numbering cart or dray, for cartmen charging illegal rates, or guilty of embezzlement in execution of duty, for drunkenness, gaming, keeping open on the Sabbath, &c., in or dinaries and groceries, 240, for violating chapter relative to ball alleys, billiard saloons, &c., for exhibiting shows, &c., illegally, for keeping tavern or inn without license, for ganming, &c., in taverns, for violation of Sabbath in taverns, for not putting sign over taverns, for porters and runners acting without license, for porters and runners neglecting to wear badge, 247 for porters or runners not having card of rates, &c, nailed onl their conveyance, 247 for porters and runners approaching within twenty feet of boats and cars, 248 for porters and runners of hotels acting without license, 248 for carriage, wagon, or other vehicle standing within sixty feet of boats and cars on arrival and departure, 249 for carriages, hacks, wagons, &c., standing so as to impede access for passengers, foot passengers, carriages, &c., 249 for disorderly conduct at boats and cars, 249 for false representations to induce travellers to go to inns, &c., 250 for propellers approaching within fifty feet of wharves without spark catchers, 250 PROPELLERS, not to approach within fifty feet of wharves without spark catchers on pipes, 250 PAUPERS, vessels not to land in city, 250, 251 owner or master of vessel landing liable to provide for, 250, 251 in case persons liable to support, neglect, member of Council or Director of the Poor to provide for, 251 Director of the Poor, his duties, 251 PUBLIC MARKETS, to be held where Council shall designate, 175 Mayor to issue licenses sell fresh mleat where license designates, 175 when license to expire, 176 304 240 1 241 242 243 243 245 245 246 247 247 OF THE CITY OF DETROIT. PUBLIC MARKETS, price of license, shops where fresh meat and fish are sold under supervision of Clerk, how stalls in to be rented, Council from year to year to determine minimum rent of stalls, one-fourth rent of stalls to be paid in advance, when to be kept open, 176 unlawful to sell fresh meat in places not designated by Council 177 persons occupying stalls to keep tub for offal, and remove offal after market hours, 177 when sales may be made out of market hours, 177 unsound provisions may be seized, and venders punished, 177 to be kept clean and clear of obstructions, 178 lewd, lascivious, disorderly conduct, and boisterous noise, &c., prohibited within twenty feet of market houses, 178 Clerk to complain of breach of chapter before Mayor's Court, 178 where the vegetable market shall be kept, 178 what may be sold in vegetable market, 179 vegetables, &c., to be exposed for sale on table, 179 unsound vegetables to be removed by Clerk, 179 I10o market house to be used save for the sale of meat, 179 hucksters, forestallers, &c., not to occupy space in rear of City Hall Market, 179 PEACE, OFFENCES AGAINST, persons lying in wait to commit crime, indecent, insulting, immoral conduct and language, noise, riot, disturbance, or improper diversion, collecting in crowds for unlawful purposes, houses of ill-fame, letting houses to be kept as houses of ill-fame, rioting, quarreling, revelling, drunkenness, &c., in any house, injuries to public property, to private property, using property of Fire Department illegally, lighting, injuring and extinguishing gas lamps, injuries to reservoirs, POUNDS, when pounds shall be established, certain animals not to run in certain limits, animals at large within limits to be impounded, Pound Keeper, what to receive per head for each animal d trained, minors not to impound unless authorized, duties of Found Keeper, all moneys received by Pound Keeper to be paid to Treasure city not liable to Pound Keeper for fees, fees of Pound Keepers, injuries to, punishment for obstructing persons driving animals to, punishment of Pound Keepers neglecting to do duty, 39 305 176 176 176 176 176 176 177 214 214 214 214 214 215 215 217 217 217 218 218 222 226 227. 227 227 227 228 228 228 228 228,229 229 INDEX TO CITY ORDINANCES POUNDS, punishment for permitting animals to run at large, laws of this State applicable to may be enforced in Mayor's Court, POUND KEEPERS, duties of, See " Pounds." PUBLIC PROPERTY, see " Peace, offences against." PUBLIC CARRIAGES, cabs, omnibuses, hacks, &c., to be licensed, ,,,,'', bonds of, a "a "a rates, , Ad Ad "when used more than an hour, 235 price for baggage, 235 cabs, &c., rates of fare at night, 236 charge when less number than five occupy cab, &c., not to exceed price per hour, when, 236 keepers of livery stable having carriages on stand to pay five dollars to Treasurer, 236 livery stable keepers and hotel keepers having, subject to pro visionsrelative to, 236, 237 clerk to keep a register of all hacks, &c., licensed, 238 See "Punishment." where cabs, &c., shall stand, 238 where drays, &c., shall stand, 239 drivers of to remain on vehicle, 239 vehicles to occupy centre of street, 239 See "Punishment." drays, carts, &c., to be licensed, 239 who may be licensed as cartmen, &c., 239 non-resident, &c., how may obtain dray license, 239, 240 cart and dray licenses not to be assigned, 240 drays to be numbered, 240 rates of dray fare, 240 clerk to keep registry of all draymen, &c., licensed, 240 See "Punishments." PORTERS AND RUNNERS, to be licensed, 246 fees of license, and when license to expire, 247 not to act without license, 247 to wear a badge and have a card, &c., 247 to execute bond, 247 not to approach within twenty feet of boats and cars when, 248 See "Punishment." may be deprived of license, when, 248 PLACES OF REFRESHMENT AND RECREATION, ordinaries and groceries, internal order of, 240, 241 ball alleys, billiard and other tables to be licensed, 241 ....;~ is ( license how obtained, 241 ball alleys, &c., license not to be given until payment therefor and bond, 242 ball alleys, &c., not to be open eon Sabbath, 242 306 229 229 229 234 235 235 OF THE CITY OF DETROIT. PLACES OF REFRESHMENT AND RECREATION, ball &c., no gambling, drunkenness, &c., allowed in, shows, theatrical entertainments, &c., to be licensed, provisions relative to, taverns and inns to be licensed, regulations concerning, See "Punishment." RESERVOIRS, injuries to, See "Punishment." ROAD TAX, provisions relative to, SALES, of meat by quarter, of woodcock, partridges, &c., of hay and straw, of unwholesome liquors and provisions, of goods atauction, of bread, of firewood, See "Punishment." STRAW, see "Sales."' SIDE WALKS, see "Streets." SHOWS, see " Places of refreshment and recreation." SCAVENGERS, to be appointed by Council, not to act unless licensed, to give bonds, to enjoy the exclusive right to clean privies, what hours to work, shall clean privies when requested, owners and occupant inform scavengers when night soil is within a foot of face, fees of, when to commence prosecution in Mayor's Court, SEWERS, see "Drains." SIGN POSTS, see " Streets." SMALL POX, provisions relative to, STREETS, no vehicle to be kept in at night, horses not to be left in without being tied, certain materials for purpose of building not to be kept in mo than four months, no persons building to obstruct gutters or more than half of wal building materials to be moved whenever building is finished, how drains and water pipes may be laid in, damages occasioned in by excavations to be repaired, gutters to be cleared by owners or occupants, rubbish, filth, &c., not to be thrown into gutters, nuisances not to be placed in, how excavations shall be protected while being made, and alleys, not to be used for purposes of labor by mechanics, no obstructions to be left in at night, horses not to be driven in faster than six miles per hour, cattle, hogs, &c, not to herd in, 307 242 243 243 244,245,246 218 141,153 180 181,182 182,183 183 183,184 185, 186 187 l 122 123 123 123 3,124 124 124 208, 209 155 156 156 k, 156 156 156 156 157 157 157,158 158 158 158 159 159 INDEX TO CITY ORDINANCES 9 9 9 9 9 9 0 [ [ [ 1 1 STREETS, stud horses not to be displayed in, 159~~~~~~~~~~~~~~~~ kites not to be flown in, 159~~~~~~~~~~~~~~~~~~~~~~~ how numbered, See "Assessments and Punishments." SURVEYOR, CITY, oath and bond of, shall establish grade of streets, shall survey and superintend the alteration and construction drains, shall make surveys and give information to superintendent hydraulics, shall act with committees requiring official information from shall deliver all papers, plans, &c., relating to surveys made order of Council, to Clerk, shall report to Council when required, salary to be in full of all services, SUPERVISORS, oath and bond of, 308 115' 115 115 105, 106 OF THE CITY OF DETROIT. SUPERVISORS, to be under direction of Street Commissioner, 114 one to be elected at each charter election for each road district, 144 duty of to make out list of all persons liable for bighway tax, 144 to fill list with affidavit of its correctness in office of Comptroller, 144, 145 duty of to call on persons assessed for road tax for amount of tax, 146 to give notice of road tax to non-resident, how, 146 to add to highway rolls names ommitted, 146 when may distrain for amount of tax, 146, 147 to give ten days notice of sale of property distrained, 147 when and how to return tax unpaid, 147 subject to fine for neglect to return, 147 to pay to Treasurer once in two weeks amount of money collected for road tax, 148 to tender to Comptroller an account under oath and contents ofaccount, 148 to examine and report condition of streets to Street Commissioner, pay of, 149 punishment of, for neglect to perform duty, 149, 150 fees of for levy and sale of personal property, 150 See " Asssssments and Forms." SCHOOL TAX, see "'Assessments." TAXES, see "Assessment." TAVERNS, see " Places of Refreshment and Recreation." THEATRES, see " Places of Refreshment and Recreation." TELEGRAPH POSTS, see "Streets." TREASURER, CITY, oath of and bond, 105 duty of to receive all moneys belonging to city, 110 to deposit moneys in place designated by Council, 110 to open eight distinct accounts, 110, 111 how to keep his accounts, 111 to furnish once per month an account of receipts and disburse ments to Council, 111 at all times to keep books of his office open to inspection of Comptroller and committees of Council. 111 to give receipts countersigned by Comptroller for moneys received, 111 See "Assessments." to procure cancelling hammer with which to cancel orders, war rants, due bills, &c., 251 to keep cancelled warrants, 252 to record cancelled warrants, 252 to return warrants, &c., to Council, that they may be destroyed, 252 WATER OF RIVER, provisions for preserving purity of, 209, 210 WARDENS, FIRE, see " Fire Department, and prevention of fires." WARRANTS, provisions for cancelling, and due-bills, orders, &c., 251, 252 See "Treasurer." WEIGH MASTERS, duty of, 182 WHARVES, perishable material not to be put into any dock, 209 309 310 INDEX TO CITY ORDINANCES WHARVES, no one to deposit in river carcasses, filthy matter, &c., assessment for making, WOOD, Inspectors of, duties and powers, See "Sales." WOODCOCK, see "Sales." 210 213 187 ERRATA. Chapter 15, for "City Surveyor," whenever the same occurs, read "Street Commissioner." Chapter 15, page 139, insert " the " between words " to" and "Avenue," ill the 6th line of section 16. Chapter 15, page 139, insert " to " between the words " the " and " notice," in the 4th line of section 18. Chapter 15, page 140, for " Street Commissioner" read " City Collector," in the 8th line of section 23. Chapter 39, page 203, for "alone," in the 11th line of section 1, read " along." Chapter 39, page 206, for "of," in 6th line of section 7, read " or." Chapter 50, page 223, for "complaint," in the 3d line of section 6, read " complainant." Chapter 56, page 235, for " City Auditor," in the 5th line of eGtion 2, read City Comptroller." A