AMhadD ED C - A" ITE_: AND cI,-,iONANCE',$) '.,' \ x, a k-, I ~.C..I OF THE OF SAGINAW. Printed and Piublished by Authority of tlhe Common Council of the City of Sagina7w. CITY OF SAGINAW: PRlINTED AT THE SAGINAWIAN OFFICE. 1875. , -1 I li C I T Y s I) RESOL VED, That the City Attorney be and he is hereby directed to make and cause to be printed and published, a new compilation of the Charter of the City of Saginaw, and of all By-Laws and Ordinances of the City now in force. And such compilation, when publishe(, shall be deemed to hacze been "printed and published by authority of the Commont Council." CITY OF SAGINAW, RECORI)ER'S O!1'FICIE. ion, of vhich the foie(going is e Commonl Cotiiicil of the City 1875 -and thlit I hive caiefily cal thereof, now of record in my of said ResoluLtion:tnd of the een compiled, printed au-d publtrney, ill compliailce witll said hereunito set ld,my l ld iiid 2.........e.lday of afflxed the se of said City, this. .>....'e.1..... 187. CHARTER OF THE CITY OF SAGINAW. Act 496, Laws of 1867-Approved March 27, 1867. An Act to( amend an Act entitled "An act to revise and aliiend the Cliarter of the (City of Saginaw,' approved February 5th, 1ISI)). SECTION 1. The People o' the State of Michigan enact: That an Act entitled "IAn Act to revise and amend the Char-ter of the City of Saginaw," approved Fe-bruary:;th, 18:7-9, be, and the same is hereby amended so as to reCad as folloUs: SE(,. L. Th'e People of the State of Michigan enact: Corporate That the co-rl)ora'tion heretofore created and now known me as the Mayvl' Recorder and Aldermen of the City of Saginaw,-shall be and continne to be, a corporation by tile nem. ef the City of Saginaw, and by that name may suie and be sued, iml)lead and be impleaded, complain Power to and defend in anyv court of record and place whatsoever, npuldhaed - ~~~~~~~~~~old and and shall be known at law; may have a common seal, convey real and personandI alter it at l)leasure, and( may take. purchase and alpropoerty. hold, lease, convey and dispose of any real, personal, or mixed estate for thie Lse of said corporation. ,?, 4 , ) ('- - i I 0; 111) β€” (CHA,ltRTER OF THE SEc. 2. The district of country in the County of Sagibo.urnaetse. naw, and State of Michigan, hereinafter particularly de scribed, is hereby constituted and declared to be a city by the name of Saginaw, and subject to the municipal government of said corporation; said district of country being bounded as follows, to-wit: Beginning at the center of Saginaw river, on the quarter line of Section Twenty Four, in Township 12 north, of Range 4 east, thence west along the quarter line to the center of said section, thence north and northeasterly along the west line of the plat of the village of Florence to the quarter line of Section Thirteen, in said township; thence west along the quarter line of Sections Thirteen, Fourteen ali(l Fifteen, to the west line of Section Fifteen in said town ship; thence south along the section line to the center of the Tittabawassee river, thence down and along the center of the Tittabawassee river to the center of the Saginaw river, and thence down and aloing the center of the Saginaw river to the lp)lace of beginning. Division of city. SEc. 3. The said city shall be divided into six wards. First ward. The first ward shall comprise all that part of said city within boundaries, to-wit: Commencing at the west line of the village of Florence, where said west line in tersects the east and west quarter line of section thirteen, town twelve (12) north, of range fout' east; thence west on said line to the section line between sections thirteen (13) and fourteen (14) in said town; thence south on said line to its intersection with Harrison street; thence south along the center of Harrison street to the center of Madison street; thence along the center of Madison street to the center of the Saginaw river; thence north along the center of the Saginaw river to the east and west quarter line of section twenty-four (24) town twelve (12) north, of range four (4) east; thence west on 6 CITY OF SAGINAW. said quarter line to the west line of the village of Florence; thence north along the west line of the village of Second Florence to the place of beginning. The second ward shall ward. embrace all that portion of said city within the following limits, to-wit' Commencing at the center of the Saginaw river at the foot of Court street; thence along the center of Court street to the north and south quarter line of section twenty-two (22), town twelve (12) north, of range four (4) east; thence north along said line to the east and west quarter line (of section fifteen (15) of said town; thence west on stid line to the center of Mackinaw street; thence along the center of Mackinaw street to the center of the Saginaw river; thence along the center OfThird ward the Sag,inaw river to the place of beginning. The third ward shalill embrace all that I)o,ti()n of said citv within the following boundaries, to-wit: Commencing- at the center of the Saginaw river at the foot of Mackinaw street; thence along the center of Mackinaw street to the east and west qutiarter line of section fifteen (15), town twelve (12) north, of range four (4) east; thence west along said line to the section line between sections fifteen (15) and sixteen (16) of said town; thence south on said section line to the center of the Gratiot State road, (so called); thence east alo)ng the center of said road to the center of First street; thence south along the center of said First street to the center of Waller street; thence south along the center of said Waller street to the center of the Saginaw river; thence north along the center of Fourth the Saginaw river to the place of beginning. The fourth ward. ward shall embrace all that portion of said city lying Fifth ward. south and west of the third ward. The fifth ward shall embrace all that portion of said city within the following boundaries, to-wit: Commencing at the center of Saginaw river, at the (foot of Madison street; thence along the 7 CIIARTER OF TIlE center of Madison street to the north and south subdi vision line of the south-west quarter of section twenty three (23), town twelve (12) north, of range four (4) east; thence north on said subdivision line to the east and west quarter line of section twenty three (23) of said town: thence west on said quarter line to the center of the Bay City State road, (so called); thence north along the center of said road to the city limits on the north; thence west along said city limits to the north and south quarter line of section fifteen (15) of said town; thence south' on said quarter line to the center of Court street; thence along the center of Court street to the center of' S3ixth ward. the Saginaw rives; thence along the center of the Sagi naw river to the place of beginning. Thie sixth ward shall comprise all that part of said city embraced within the following boundaries, to-wit: Cominiencing a,t the center of Madison street, at its intersection withi Harri son street; thence north along thle center of Harrison street to the section line between secti(ins twenty-three (23) and twenty-four (24), town twelve (12) north, of range four (4) east; thence north on said section line to the east and west quarter line of section fourteen (14) in said town; thence west on said qualter line to the center of the Bay City State road, (s(o called); thence south along the center of said roa: to the east and west quarter line of section twenty-thl iee (23) in said town; thence east on said quarter line to the north and south subdivision line of the southwest quarter of section twenty-three (23) in said town; thence south on said subdivision line to the center of Madison street; thence east along the center of Madison street to the lp)lace of beginning. [Act No. 305, Laws of 1869, Page;518.] City officers SEC. 4. The following officers3 of the corporation shall be elected at the annual city election, on a general 8 (CITY OF SAGINAW. 9 ticket, by the qualified electors of the whole city, viz: Term of A Mayor, one Recorder, a Treasurer, (who shall be exoflicio collector,) and four Justices of the Peace, as follows: The Mayor and Treasurer shall be elected annually, and hold their offices for one year and until their successors shall be elected and qualified; the Recorder on each alternate year, and shall hold his office for two years and until his successor shall be elected and quali- o Justice of fled; and one Justice annually, who shall hold his office he Peaee. for the term of four years, and until his successor shall Termsofofbe elected anld qualified, and whose termi of office shall commence at the same time, and whose powers, duties Powter, and dluties,. and liabilities shall be the same as Justices of the Peace of thie Townships of said County of Saginaw. SEc'..5. Th'ere shall also be elected at the same time, in ard for each of the several wards of said city, one Con- eletion of, stable, wvho shall hold his office for the term of one year; Aldermen, and one Alderman, who shall hold his office for the term election of. of two years, and until their successors shall be elected and qualified; and every third year there shall be elected Supervisor, one Sutpelrvisol, who shall hold his office for the term of uelection of. three years, and until his successor shall be elected and qualified. Priovided, That at the election held in the Poviso. year eig,hteen hundred and sixty-nine, there shall be s1869. elected, in the fifth ward, one Al Iderman for the term of Fifth ward. one year and one Alderman for the term of two years, and until their successors shall be elected and qualified; also one Supervisor for the term of three years, and until his successor shall be elected and qualified. In the Sixth ward sixth ward there shall be elected one Alderman for the ternm of one year, and one Alderman for the term of two years, and until their successors shall be elected and qualified; also, one Supervisor for the term of two years, 10 CHART1'ER OF''IHE First ward. and until his successor shall be elected and qualified. In the first ward there shall be elected one Supervisor for the term of three years, and until his successor shall be Third ward. elected and qualified. In the third ward there shall be elected one Supervisor for the term of two years, and Supervisor until his successor- shall be elected and qualified. Each powerof. of the said Supervisors shall be the Supervisor of the ward for which he is elected, with all the power of Supervisors of Townships of this State, and subject, in ali respects, to the provisions of law regulating the duties of Township Supervisors, except as in this act other wise provided. [Act No. 305, Laws of 1869, Page 52(.] A n n u a Il SEC. 6. The annual election, under this act, shall be Charter Election. held on the first Monday of April in each year, at sutich Time nadplace in each of the several wards as the Common .place of hold ing. Council may designate. Notice tliherieof shall be given Noticeof. Notice o by the Recorder at least eight days before the election, by publishing the same in some newspaper published in Inlspectors said city. The Aldermen of each ward shall be Inspecof-election. tors of such election, and they shall also be Inspectors of Clerks of the State and County elections, and shall choose the election. clerks thereof; and in case of the absence of one or more Oath to be of such Inspectors, the electors may choose viva voce admini stered to Clerks from their number one or more to fill such vacancy or vaof. cancies, to whom shall be administered the constitutional oath by either of said Inspectors, or by any Justice of Manner of the Peace. The manner of conducting all elections, and conducting elections. canvassing the votes and the qualifications of electors in the several wards shall be the same as that of townships, the word "ward" instead of "township" being used in the oath to be administered to an elector in case his vote shall be challenged. Provided, That at such charter elections the said ward Inspectors shall make one certifi CITY OF' SAGINAW. cate of the number of votes given for each person forcertifcate the several offices to be filled in and for said city; and for City and Wardl Of f i tes o be also one certificate of the officers elected in and for each fcled in the Recorde r I s ward, which certificate shall be immediately filed in the oRfcer.der office of the Recorder of said city; and upon the Thurs- Meeting of c o m m n C ouncil to day next following the day o! such election the Common detucin to deter m Council shall meet at the office of said Recorder, and whoelected. thereupon determine who, by the greatest number of votes given in the several wards at such election, are duly elected to fill the respective city offices; and it shall be the duty of said Recorder, immediately after s uch de Notice to termination, to cause notice to be given to each of the pero8o persons elected, of their electioni, and each of said officers so elected and notified shall, within ten (lays thereafter, Time and manner i n take antI subscribe the constitutional oath of office whichlePcterd shall qualibefore any person authorized to administer oaths, and fy. shall deliver the same to the said Recorder, who shall file the same in his office. Provided. That in case of Proviso the election of one or more Justices of the Peace, the said Recordei shall make a certificate thereof, and cause Certificate to be filed it to be delivered to the County Clerk in the same with Crk o-f ty Clerk of election of manner as is required of Township Clerks; and in case a,tsticee. two or more shall receive for the same office an equal number, and not a plurality, of votes given at such elec- Tie. tion, the Common Council shall immediately proceed to Iroeeainges in case of determine by lot between the persons receiving the highest number of votes, which shall be considered Failure o f elected to such office. In case any of the officers so omfficefrs to qualify. elected shall neglect, for the term of ten days to qualify (,s aforesaid, the office shall thereby become vacant. SEc. 7. The Mayor, Recorder and Aldermen. when Who Con titutes t he assembled together and organized shall constitute the council. Commnon Council of the City of Saginaw; and a majority 11 Quorum. of the Aldermen elect, with the Mayor or Recorder, shall be necessary to constitute a quorum for the transaction Mayor may .1. meet- of business, and the Common Council may be summoned ing. to hold its meetings at such time and place as the Rec or der maey call g Mayor, or in case of his absence or inability from any when M~ayori'absent. cause to act. the Recorder may appoint. The Common c ouncil Council shall have power to send for and compel the may compel att-n dance attendance of any of its mnembeis, and to impose, levy of members. ~ and collect such fines as it may (leem proper, not exceed ing five dollars, for the non-attendance at any meeting of any officer of the corporation who has been duly notiMayor to topresideat fled to attend the same. The Mayor shall preside at all all meetings. meetings of the Common" Council,? and shall have the Motyor may right to vote upon all questions. The Recorder shall Recorder to keep a record of the proceeding,s of the Comlnjon Counkeep record of the pro- Cil. In the absence of the Mayor or Recorder fi'o()m any ceedings. A Presidentor meeting, the memnbers present may appoint a President Recorder pro temn. or Recorder pro tern. from aniong its mnembers. No Mot mberots member of the Common Council shall be allowed to vote not to vote wher they upon any question in which he has a dilect personal inhave interwth. Rterest, but upon all other questions he shall vote. ProWhen Re ecorder shall vided, That the Recorder shall vote onlyi in the absence vote.. Less than a of the Mayer. A less number than a quorum may quoru m may ad- adjourn a meeting of the Common Council, and (l) busijourn. No proceed- ness or proceedings, set down or noticed for any special, ings to lapse by an ad-regular or adjourned meeting shall lapse, fail or become journment. invalid by reason of a failure to hold such meeting, but the same shall go over to the next regular or adjourned Mayor may meeting. Nolordi/ance imposing a fine or penalty, and suspend the goi ocPrationr of no ordinance,7resolution or vote of the Common Council, certain pro-; ceedings. appropriating or creating the liability to pay money or conferring upon any person, corporation or company, any special franchise or privileges, or providing for any im provements, shall have any force or effect if on the day 12 (CHA.lt'RER 01F THE CITY OF SAGINAW. of its passage, oi tile next day thereafter, the Mayor, or other officer legally discharging the duties of Mayor, shall lodge in the office of the Recorder, a notice, in writing, suspending the immediate operation of such ordinance, Mayor may resolution or vote. If the Mayor, or other officer legally veto, when. exercising the office of Mayor, shall, before the next reguFlar meeting of the Commnon Council after the passage of s uclh ordinance, resolution or vote, lodge in the office of the Recorder his reasons, in writing, why the same shall not go into effect, the same shall not go into Council effect nor have any legal operation, unless it shall at a may pass qu es tion subsequent meeting of the Comnmon Council, be passed over the ve to, when. by a vote of tw()-thirds (of al: thle in(i-nbers elect of the Comm(,n Council, exclusive of tihe Mavor or other officer: legally discharging the duties of Mayor, and if so repassed, shall go into effect according to the terms thereof'. If such reasons, in writingc, shall not be lodged with the Recoidei. as above p)rovided, such ordinance, resolu- uspended . ~~~~~~~~~~~~~~proceedings 11 0 t aswhen to tion orl vote, shall have the same operation and effect as he effct. if no notice suspending the same had been lodged with Mayor muat the Recorideir; and no such ordinance, resolution, or vote vote for a measure to of the Common Council shall go into effect or operation give it im mediate efuntil after the exlpiration of one day after the day of its fect. passage, unless the Mayori, orl other officer legally acting in the place (If' the Mayor, shall vote in favor of the adoptionr of the same. It shall be the duty of the Reaorder v........ ~ must lay )eRecorder to communicate to the Common Council at the foreCounc,i yany; notice next meeting thereof, any paper that may be lodged suPending ~., ~~~~~~~~~measllres. with him as in this section provided. [Act No. 302, Laws of 18'7-.] SEC. 8. The Cominon Council shall have power to Common appoint an Attorney, a Street Commissioner, and one or C o mn i more Assistant Street Commissioners, a Director of the poiate erPoor, a Marshal, a Chief and one or more Assistant a officer. 13 Engineers for the Fire Department, and a Controller, who shall be ex-officio Assesor of said city, and such other officers whose election is not herein specially pro vided for, as they rmay deem necessary to carry into effect the powers granted by this act and to remove he same How m ay at pleasure. They shall also have power to remove from remove offreeers. ffioffice any of their own members, or any other officer holding office by election, (except the Mayor and Recorder) for corrupt orI willful malfeasance or misfeas ance in office, or for willful neglect of the duties of his office, or for any violation of any of the ordinances of the Common Council, by a vote of two-thirds of all the Reasons for Aldermen elect; and in each case the reason for removal removal to be reordoed. shall be entered onl the records of the Common Council, with the names and. votes of the members voting on the Eleted oi- question. No officer holding office by election shall be cers; pro- removed by said Council, unless first furnished with a ceedi,gs in coe alof re copy of the charges against him in writing, and allowed to be heard in his defence, with aid of counsel; and the Power to is- Common Council shall have i)owei to issue subpoenas to Power to issue subpa- compel the attendance of witnesses and the production of Ina. papers when necessary, and they shall proceed, within twenty days after service of a copy of the charges, to D e f a u 1 t hear and determine the case. If such officer shall neglect cause of removal. to appear and answer to such charges, his default nmay be deemed good cause for removal. [Act No. 305), Laws of 169, Page P)..] R i SEc. 9. Resignations of office shall be made in writing Resignations,; bow to the Common Council, and suibject to their approval made.. and acceptance. In case of the death, resignation, removal from office, neglect to qualify, removal from the city or ward for which he has been elected, or permanent disability to perform the duties of his office, of any officer holding by election, the Common Council shall appoint 14 CH A-R'I'ER Ol,"I'HE - ('[TY OF SAGINAW. some person eligible under this act to serve in such office pro tempore, until such vacancy shall be filled by a special election for- that purpose; and on the occurrence Vacan cles; of such vacancy, the Common Council shall, at the first how filled. meeting held after such vacancy, order a special election to fill such vacancy; said election shall be conducted in the same manner, as near as nmay be, as the annual charter election p)rovided for in this act: such vacancy shall be so filled for the residue of the official term. They miiay also fill, by appointment, any vacancies in office( held by appointment under this act. [Act No. 305, Laws of 1869.] SEc. 10. The Comnmon Council, in addition to the General power s o f powers ard duties specially conferred on them by this council. act, shall have the mnanagement and control of the finances, rights, and interests, buildings and all property, real and personal, belonging to the city, and make such order and by-laws relating to the samne as they shall deem necessary and proper. They shall also have power within the limlits and jurisdiction of said corporation Fiirst, To provide for and preserve the purity and To provide salubrity of the waters of the Saginaw River; to prohibit for gP"Uity of and prevent the depositing therein of all filthy and other river. matter tending to render said waters impure, unwholesome or offensive; to p)reserve,and regulate the navigation To regulate navigation. of said river within the limits of said city; to prohibit and prevent the depositing or keeping therein any structure, earth or substance tending to obstruct or impair the navigation thereof, and remove all obstructions that may, at any time, occur therein, and to direct and regulate the stationing, anchoring and mooring of vessels, and laying out of cargoes and ballast from the same. 15 16 To license ferries. Second, To license, contiupe nmd regulate so many ferries from within said city to the opposite shore of Saginaw rflyer, for carrying and transporting persons and property across said river, in such manner as shall seem most conducive to the public good. Third, To erect, repair, and regulate public wharves and docks at the ends of streets, and on the property of the corporation; to regulate the erection and repair of private wharves and docks, so that they shall not extend into the Saginaw river beyond a certain line to be estal)b lished by the Common Coui.cil, and to prohibit the incumbering of all public wharves and docks with boxes, carriages, carts, sleighs. sleds, or other vehicle, dray or : - t-hing whatsoever. ..,......: Wharfing Fourth, To lease the wharves and wharfing privileges privileges. p g at the ends of streets on the Saginaw riveIr, in said city, upon such termrns and conditions, and under such covenants, and with such remedies, ill case of non-performance, as the Common Council may direct; but no building shall be erected thereon: no lease thereof shall be executed for wee pas- a longer period than twenty years, and a free passage egeor.as- shall at all times be secured for all persons, with their baggage, over said public wharves. ...baggage, over, said public wharves. Draining of Flth, To provide foi the drainin. of any swamp, Swamps. marsh, wet or low lands in said city, or within the dis tance of three miles therefrom, by the opening of ditches; but a jury of not less than six disinterested freeholders of the County of Saginaw, before any proposed ditch can be opened, shall ascertain that the opening thereof is necessary or proper; also, whether the benefits which will accrue to the owner or owners of any land, from the opening of the ditch, will or will not be equal to any damages he or they will sustain thereby; if such benefits CJHARTER OF T'rfIE Cl'l'Y OF SAGINAW. are exceeded by the damages, they shall ascertain and ett i n g certify the damages to which the owner or owners will be of lanodwners entitled, after deducting therefrom the amount of benefits their lands will receive from the opening of the proposed ditch. On payment or tender of the damages MnaYyell,ter on any land. thus ascertained and certified, the Common Council shall have the power to entei upon any land through-which the proposed ditch will run, with the necessary agents, teams and implements, to cut and open said ditch; to protect, clean and scour it, from time to time, so as to preserve its original dime(nsions, and to prohibit and prevent all obstructions thereof or injury thereto. Sixth. To prohibit and prevent the location or con- Woolden ' ~~~~~~~~~~~~~~~~~houses. struction of anv wooden or frame house, store, shop, or other building, on such streets, alleys, and places, or within such limits, in said city, as the Common Council may, fronm time to time, prescribe; to prohibit and b,eiliag, of prevent the removal of wooden or firame buildings from any pI)art of said city to any lot on such streets, alleys, and places, or within said limits, and the rebuilding and repairing of' the same; to prevent the rebuilding or repairing of wooden buildings on said streets, alleys, and places. or within said limits, when damnaged by fire or otherwise. Seventh, To appoint one or more inspectors, measurers, In#petors. weighers, and gaugers of articles to be measured, inspected, weighed and gauged; to prescribe and regulate their powers and duties, fees and compensation. Eighth, To provide for the protection and care of Paupers, paupers, and to prohibit and prevent all persons from bringing, in vessels, or in other mode, to said city, from any other port or place, any pauper or other person 17 CHARTER OF Ti [E likely to become a charge upon said city, and to punish therefor. City Hall. Ninth, To erect, and provide for the erection of a City Hal], and all needful buildings and offices for the use Purnasing of the corporation or of its officers, and to control and lan.. land. regulate the same, and to purchase the necessary real estate on which to erect the same. Viee. Tenth, To prevent vice and immorality to preserve public peace and good order; to appoint, organize, Poiiee. regulate and maintain a police of the city, and to prevent and quell riots, disturbances, and disorderly assemblages and conduct. Gaming. Elevent7h, To restrain and prevent disorderlvy and gaming houses, and houses of il]-fame; the holding, keping, or using of all instruments and devices used for Billd gaming, and to prohibit all gaming and fraudulent Billiard' tables. devices, and regulate or restrain billard tables and bowling alleys. Liquors. Twelyth, To prevent the vending or giving away of spirituous or fermented liquors, and to license and regu late the sale thereof whenever such sale shall hereafter be authorized by the laws of this State. Drunkards. Thirteenth, To apprehend, restrains and punish all drunkards, vagrants, mendicants, street beggars, prosti tutes, and persons soliciting almas or subscription for any purpose, and to punish, and prevent all intoxication, and disorderly conduct. Publicexhi Fourteenth, To prohibit and prevent, or license andd bitions. regulate, the public exhibition, by itinerant persons or companies, of natural or artificial curiosities, caravan&, la CITY OF SAGINAGW. circuses, mnenageries, theatrical representations concerts, musical entertainments, exhibitions-of c,mmon showmen, and shows ol'f any kind. Fifteenth, To prohibit, prevent, abate, and remove all Nuisales. nuisances within said city, and to compel the owner or occupant of any grocery, tallow chandler shop, butcher shop or stall, soap factory, glue factory, tannery, slaughter house, stable, privy, hog-pen, sewer, or other offensive house or place; to cleanse, remove, or abate the same as often as they may deem necessary for the health, comfort and convenience of the inhabitants of the city. , or~ r]' ~~~~~~~~~~~~~~Slaughter Sixteenth. To ditrect and regulate the location andl.au5.hoer inaintainace of all slaughter-houses, markets, and build- Markets. ings for storing gunpowder ol other combustiable sub n n ~~~~~~~~~~~~~~~~Gunpowdler stances, and to prohibit or regulate the buying, selling, keep)ing for sale, storing and transporting gunpowder, naptha, saltpeter, benzine, benzole, petroleum, kerosene oil, fire-crackers, fire-works, and all other conbustible substances, and the using thereof; the use of lightsinLights barns, stables, and other buildings, and the making of b)nfires. Seventeenth, To prevent the encumbering or obstruc- n cunmbertion of streets, side or cross-walks, lanes, alleys, bridges, ing streets. wharves or slips, in anv manner whatsoever, and to compel persons owning oir occupying adjoining premises to keep the streets and sidewalks in front of such premises free from dirt and obstructions. Eighteenth, To prevent immoderate riding or driving Immoderate, in anyv street; to compel persons to fasten or secure their dvig horses, oxen, or other animals, while standing iii any of the streets lanes, or alleys of the city, and to prevent persons from riding or driving llporn, or across any sidewalk. 20 (.HARTER OF Te, Muzzling Nineteenth, To prevent or regulate the running at dogs. large of dogs; to impose taxes for the keeping of dogs; to require them to be muzzled, and to authorize their destruction when running at large in violation of any ordinance. Locomo- Twentieth, To restrain and regulate the use of tives. locomotives, engines and cars upon the railroads within Lighting of the city; to provide, by ordinance, for the lighting of any railroads. railroad or portion thereof which may be located within the corporate limits of the city, in such mode and manner as the Common Co7uncil shall prescribe; and when it shall be deemed necessary and proper by said Common Council to provide for the lighting of anrv such railroad, or portion thereof, within the city, said Common Council shall pass anld adolpt an ordinance lequiring such railroad company or comlpanies, within a specified time, (which shall not be lessthan thirty days,) so to light their track or tracks, or such portion thereof as may be designated by such ordinance; and such ordinance shall prescribe the mode and manner in which the same shall be done; the number, style, and size of lamp posts, burners, lamps, and all other fixtures and apparatus necessary for such lighting; thie points of location for such lamp posts, and the time or times fo)r lighting and keeping such lamps or burners lighted; and in case the said lighting shall not be doine in conlormitv Actionin case rail- with the provisions, directions, and specifications of such road company refuise ordinance, or in case any railroad comnpany fail, neglect, to put up lights. or refuse to light its track, or such portion thereof as may be designated, and within the time limited by such ordinance, the Common Council may proceed immedi ately to cause such lighting to be d(lone in conformity to the provisions of such ordinance, the expenses of which shall be a prop)er charge against such company or CI'TRY OF SAGTNAW. companies; and the Coinmon Coitcil may proride in such ordinance the mode and manner in which the charge an any railroad company or. companies shall be assessed and determined. Such charge, when so assessed c d Colectron ?3 ~~~~~~~~o f charges determined, shall be payable by such railroad company against 'company. or companies at the time of the assessment, and s,hal n also be a lien upon the lots, land,. and any and all property, real or personal, in the possession of and belonging to such company or companies, trom the time of making such assessment; such charge may be collected as provided for in such ordinance, and lien enforced by action or l)rocedure at law or in equity, in the corporate name of-said city; in any isuch pI-()oco(lings at law, when l)leading,s are required, it shall be sufficient to declare generally fo)r work and labor done, and materials firniished on the particular railroad, parlt or parts thereof; and in case any company or comnpanies shall neglee or refuse to paiy such assessment in the manner and at the time provided fi)r ill 3such ordinance, said city shall be entitled to demand, receive and recover, in addition to the amount assessed, with interest from the time of such assessment, the additional sum of five per cent. on such amount assessed, to defray the expense of collection, and which shall be included in any judgment or decree renderled( under the provisions of such ordinance. Twenty-firs8t, To p)rohibit and prevent any indeghnt Inde e,,nt books and: exposure of the person; the show, sale, or exhibition w of sbow.. any indecent or obscene, books- pictures, or pamphlets, and all indecent or obscene exhibitions or shows of every kind, and all indecent imtmoral, profane, or disorderly conduct or language; and to prohibit or regnulate- the He~thing. bathing in. any public waters within or adjoining said. city. Pounds. Twenty-second, To establish, regulate, and maintain one or more pounds; and to restrain and prevent, or regulate the running at large of horses, cattle, swine, Cattle. and other animals, geese and poultry, and to authorize the impounding and sale of the same for the penalty incurred and the cost of keeping and impounding. Gaming. Twenty-third, To prevent evelry sp)ecies of gaming; and to prevent the violation of the Sabbath, and the disViolatifn of the Sabbath turbance of any religious colig,regation, or any other public meeting assembled for any lawful purpose. Cemeteies. Twenty-fourthl, To protect and regulate all cemeteries or grave-yards within the city, and all such without the limits of said city, as such corporation may acquire, and to regulate the burial of the dead, and the keeping of bills of miortality. o ffensive Twenty-fifth, To prohibit the bringing or depositing, substances. within the limits of said city, any dead carcass, oir other unwholesome or offensive substance, and to provide for the removal or destruction thereof, wheresoever found. Market Twenty-sixth, To lay out, establish, make, alter and place,. regulate market places and public parks and grounds, andlregulate the measuring and selling of fire-wood, and iay. Hay. the weighing and selling of hay, and the selling of meats, vegetables, fish, fruits, and provisions of all kinds. Awningand Twenty-seventh, To regulate the setting of awning sign post. and other posts, and to direct and regulate the planting Trees. of shade or ornamental trees in the streets and other public grounds, and to provide for the preservationi of the same. Meetigsof Twenty-eight/t, To provide for calling of meetings of electors. the electors of the city, and to determine and regulate the compensation of all officers elected or appointed 22 ("HART.ER OF -TH]i,' under this act, except as is herein otherwise provided; compe,,sa but the compensation of no10 officer fixed by an annual tie~rn.~f offor periodical salary shall be increased or diminished during the term for wh ich he was elected or appointed, unless by a two-thirds vote of the Common Council; to authorize and regulate the demalnd and receipt, by officers, of such fees and costs, and in such cases as the Common Council shall deem reasonable, and to prescribe, Powers ad he ~~~~~~~~powers and ~o l uiso fix, determine and reg(ulate the powers and duties of all dltiesof officers of the city, subject to the provisions of this act. officers of the city, subj~ect to the provisions of this act. Twenty-ninlth, To survey, ascertain, and establish the Boundares of city. boundaries of the city, and of all highways, streets, avenues, lanes, alleys, parks, squares and spaces in said city; to prohibit and remove alt encroachments upon Ennctro~ach the tapoe in and mnnerm and to mber the u n.street the samte. in ainy manner-, and to- number the buildings. streets. Thirtieth, To license and regulate the keeping of Hotels. hotels, taverns, and other public- houses, grocers and other keepers of ordinary saloons, and victualing andSaloous. (,ther houses or places for furnishing meals food or drink, and the keepers of billiard tables and pin alleys; also, to license and regulate or prohibit auctioneers uctio. * ~~~~~~~~~~~~~Auctions. hawkers, peddlers and Ipawn-brokers, and regulate auctions, haawkin, and pawn-biokerage. Thir-ty-first, To license and regulate butchers, and the Butchers. keepers of shops, stalls and stands for the sale of meats, vegetables, and provisions of all kinds, and all draymen, Draymen. common teamsters, hackmrnen, and all persons who carry or transport persons or property for hire; to designate stands for all carriages, carts or drays used in carryingStanidsf~o persons or property for hire, and prescribe their fares and compensation. ('11'Y. OF SAGINAW. 23 24 CHARTXR OF'I'HF We ights Thirty-8e~)nd, To regulate the weights and measures uarne. mes used in the city, to appoint one or more sealers of weights and measures, and prescribe the powers and duties thereof, and the penalties for usingfalse weights and measures, not conforming to the standard as estab lished by the laws of this State. Tr:,.xe.on: Thirty-third, To assess, levy and col.lect taxes, for property~for orpratiothe purposes of the corporation, upon all property prposes. ~ made taxable by law for State purposes, which taxes shall he liens upon the property taxed until paid; to ..appropriate money, provide 4or the paymentof the debt and expenses of the city, and make regulations concern ing the same.: - Punishing Thirty-fourth, To punish all offenders for violation ofT all offenders or offenses against this act, or any by-law or ordinance of theCommon Council, adopted or passed under this or Imprison- any other act of the Legislature, by holding to bail for vietdofper-good behavior, by (imprisoning) imposing fines, penal ties, forfeitures and costs, and by imprisonment in the jail of Saginaw County, or any jail, prison or work-h(ouse of said city, or by either, in the discretion of the court or magistrate before whom such (criminal) conviction may be had. If only a fine, penalty or forfeiture be imposed, with or without costs, the offender may be sentenced to imprisonment until the payment thereof;, for a term, rot exceeding three months. All punishment for offenses against the ordinanices of the Common Council shall be prescribed in the ordinance creating or specifying the offence to be punished, and no penalty or forfeiture shall Limit of, ses... exceed five hundred dollars. No fine shall exceed three hundred dollars, and no imprisonment shall exceed one year.' CH ARI'ER' OF']'IIE 24 CIT1Y OF SAGINAW. 25 Thirty-fifth, To employ all persons confined for the Employing any conwecnon-payment of any fine, penalty, forfeiture or costs, or tedY periorV in workfor any offense under this act, or any ordinance of the house. Common Council, in any jail, work-house or prison, at work or labor, either within or without the same or upon any street or public work under the control of the Common Council; to allow any person thus confined for the non-payment of any fine, penalty, forfeiture or costs, to pay and discharge the same by such work and labor, and to fix the value and price of such work and labor. The said ComImon Council shall have power to make all Ne esmar~ such other by-laws, ordinances or regulations as they may g deem necessary for the safety and good government of the city, and to preserve the health, and to protect the persons and property of the inhabitants thereof. They Purchaiing lands for shall also have power to purchase, for the use of the city, cenmtery. so much land without the limits of the city as may be required for the purpose of a cemetery, the same to be located not exceeding four miles beyond the boundary of the city: and in case said Council is unable to agree Eminent domain. with the owner or owners for the purchase of such land, Smasin they shall have the right to acquire the title to the same c,meof in streets. for the city, in the manner and by the proceedings, as near as may be, as is l)rescribed( in this act relative to laying ont or altering streets, lanes or alleys. [Act No. 302, Laws of 1869, Page 527-531.] SEC. 11. The Common Council shall have power to Power of Corm mon make all such by-laws and ordinances as they shall deem Council to make bynecessary and proper to secure said city and the inhabi- ldawsand or. I, dinances tants thereof against injuries by fire; to compel theT ta-ure .~ a~~~~~~~~ gainsit inowners or occuipiels of buildings to procure and keep in jury by fire readiness such number of fire-buckets as they may direct, to establish, maintain and regulate all such fire engines, hook and ladder, and hose and bucket companies, ('HARTER OF TiflF' as they may deem expedient, to construct reservoirs and provide such companies with necessary and proper buildings, engines and other implements to prevent and extinguish fires; to appoint from among the inhabitants of said citv such number of persons, not exceeding eighty to one company, as are willing to accept or may To appoint TfiremePnP.t be deemed proper to be employed as firemen; and every such company shall have power to appoint its own officers, and to pass by-laws for its organization and government-subject to the approval of the Common Council-and to impose and collect suelh fines for the non-attendance or neglect of duty of its Imemnbers, as may be deemed necessary and proper; and every person belonging to such company shall Iannually obtain from the Recorder a certificate, which shall be prima facia evidence of his membership for one yeIar from the date thereof'. Every member of such co(,mpany, during his membership, shall be exempt fi(,m service ()on juries, from military duty in time of peace, and fiom )Layvnlent o(f a poll-tax. Dties of SEC. 12. It shall be the duty of each company to keep fire companies. in good order and repair its fire engine, hose, ladders and other implements; to assemble at least once ini each month for the purpose of working its engine, and ulI)on any alarm or breaking out of fire within said city, each company shall forthwith assemble at the place of such fire, with its fire engine and implements, and be subject to the orders of the chief engineer of the fire departnent. 1) u t y' of SEc. 13. Upon the breaking ou7t of any fire in said city, .MWarshal on. b r e k ing the Marshal shall inmmediately repair to the place of such out of fire. fire, and aid and assist, as well in extinguishing the fire, as in preventing any goods or property from being stolen or injured, and in protecting, removing and securing the 2,6 CITY OF,SAGINAW. 27 same, for which )purpose, and as Chlief of Police, he may require the assistance of all bystanders; and in the performnance of his said duties, the Marshal shall, in all respects, be subject to the orders of the Mayor, or such of the Aldermen as may be present. SEC. 14. The Conimon Council shall have power, and Power of council as it shall be their duiity to adop)t measures for the preser- topublic " ~~~~~~~~~~~~~he.lth. vation of the public health of said city; to restrain or To prohibit uwoleprohibit the exercise of anv unwholesome or dangerous unoweh olend ,, ~~~~~some and avocation within the limits of said city; to regulate and da ngerou8 LI avocations. p)rescril)e, by ordinance, the location of all barns, stables, To regulate the location and p)rivies, within said city; to establish a Board of ofbarns, &c Healtlh, and to invest it with such powers, and to impose Beaaldth.of lupon it such duties as shall be necessary to secure the inhabittuts of said citv fiomn contagious, malignant, and infectious diseases; to provide for its proper organization, and f!)r the al,)pointment of propl)er officers; they shall have authority to make all such by-laws, ordinances, and regulations for the g,overnment of such Board of Health, and folr the preservation of the health of the inhabitants of said city, as shall secure a prompt anrid efficient discharge of the duties imposed upon the Common Council l)y this act. [Act No. 2, Laws of.1871, Page 49349J.] SEc. 15. The Coilmmon Council shall have power to Co m m o n regulate the time and manner of working upon the Council to regulate rme gof1a streets, lanes and alleys in said city; to provide grading, twormig of sti eets. planking or paving, and railing the sidewarlks, and to prescribe the width thereof: to prevent the obstruction or encumbering of any of the streets, lanes, alleys, sidewalks, or public grounds in said city; to lay out, open, To open streets, make, grade an(l repair streets, lanes and alleys, and the lanes, etc. same to alter ()or vacate, tnd to alter or vacate those Proviso already laid out: Provided, That before any street, lane, or alley shall be vacated or altered, the person or persons applying therefor shall give public notice, speci fying the tinme and place at which such application wil be made, by causing the same to be published in a newspaper published in said city, for three successive weeks, and by personally serving upon each owner residing in said city, or occupant of any lot, or part of lot, contiguous to such street or alley Wh trt proposed to be altered or vacated, a copy of such notice. When street shaldbe va Upon the hearing of such application, all parties in cated. interest shall be entitled to be heard in person or by counsel; and no street or alley shall be vacated except upon sufficient cause shown, and with the concurrence of Proceedings three-fourths of all the Aldermen elect. If, in laying w he n privateproper- out or altering any street, lane or highway, the Common ty is takcn a for streets. Council shall require for such purpose the grounds of Iany person, they shall give notice thereof to the owner or person interested, or his or their agent or representative, by personal service, or by written or printed notices posted in three of the most public places of said city, at least three weeks next preceding the meeting of said Common Council, for the purposes aforesaid; and the Common Council are authorized to treat with such person or persons for such grounds or premises; and if such person or persons shall refuse to treat for the same, or the parties cannot agree therefor, it shall and may be lawful for the Mayor or Recorder of said city to issue summoning venire facias, to command the Marshal of said city to oDf jury. summon and return a jury of twelve disinterested free holders, residing within said city, to appear before said : Mayor or Recorder, at any place therein to be stated, to inquire into and determine the necessity for using such grounds, and the just compensation to be paid therefor 28 CHARTER OF TI[E CITY OF SAGINAW. to the owner or owners of, or parties interested in said grounds and premises, which jury, being first duly sworn by said Mayor or Recorder, faithfully and impartially to inquire into the necessity for taking or using such grounds, and to ascertain and deterniine the just Jury to a compensation to be paid therefor, and having viewed ses d a mthe premises, if necessary, shall inquire into and assess ages. such damages and recompense as they shall judge fit to be awarded to the owne'r or owners of, or the parties interested in such ground or premises, for their respective injuries, accol-ding to their several interests or estates therein; and the said Mayor or Recorder shall, upon the return of such assessment or verdict, enter jud,gmnent therebfor, confirming the same; and such sum or sums s,) assessed, togethei- with all costs, shall be paid, or legally tendered, before such street, lane, or alley shall Ci mIPenda tion tender ed to ownbe made, laid oult, altered or opened, to the claimant or ers. claimants thereof, it shall thereupon be lawful for said Common Council to cause such grounds to be occupied for the pulrpose aforesaid: Provided, That any party Provio. claiming damages, as aforesaid, may have the right to remove such proceedings, by appeal to the Circuit Court, or any court of competent jurisdiction, upon giving notice of his, or her, or their intention so to do to said Mayor or Recorder, in writing, within ten days, or in case of the absence of said party from said city, at the time of the rendition of said judgment, then within thirty days after the verdict of said jury, and the judgmett of said Mayor or Recorder, as aforesaid: A4nd councilmay appeal. providedfurther, That the said Common Couincil may pe have the right to remove such proceedings by appeal to the Circuit Court, or any court ofcompetent jurisdiction, within thirty days after the rendition of such judgment, as aforesaid; such dleterrnination on the part of said .29 CHARTER OF TIlE Council to remove said proceedings by appeal, as aforesaid, shall be, by resolution of said Common Council, adopted by a vote of at least two-thirds of all the Aldermen elect. A notice of such determination to appeal, as aforesaid, together with a certified copy of such resolution, signed by the Mayor or Recorder, shall, within ten days after the passage of such resolution, be personally served on each and every person or party interested in such verdict and judgment, residing within said city; and in case any person or persons, interested as aforesaid, reside without said city, then said notice and copy of resolution shall be published in a newspaper published in the County of Saginaw for three successive weeks next after the passage of such resolution as aforesaid; and upon filing a transcript of the proceedings aforesaid, duly certified by said Mlayor or Recorder, within forty days after the rendition of the judgnment aforesaid, in the Circuit Court, or any otherI court of record having appellate jurrisdiction, and to which such appeal is made, the same proceedings shall be had as is prescribed in other cases of apl)eal: Provided, That the appellant or appellants shall not recover costs in such case, unless the judgment in the appellate court shall be ten dollars more favorable to him or them than the assessment before the Mayor or Recorder. [Act No. 305, Laws of 1869, Page 531-533.] c oun c il SEc. 16. The Common Council shall be the judge of judge of the election of the election and qualification of its own members, and its members shall have the power to determine contested elections, to compel the attendance of absent members, to) determine the rules of its proceedings, and pass all by-laws and rules necessary and convenient for the transaction of business, and not inconsistent with the provisions of this act. 30 CITY OF SA GIXNAW. SEc. 17. All appointments to office shall,be made and Requisite all assessments be ordered by a majority vote of all vote for .~ 1. 1 An~pointments, Aldermen elected; and removals from office shall be removals from office, made by the like vote, except in cases where, by this and order, act, a different vote may en g asesieact, a different vote may be reqniiied. ments. SEc. 18. The CoimInon Council may, at any time New official bonds may require an officer, whether elected or app)ointed, to be required. execute and file with the Recorder of the city, new official bonds in the saile, or ill such futirther sumns, and with new and such further securities as said Council may deem requisite for the interest of the corporation. SEc. 19. All meetings of the C(olnlmon Council shall Meeting of C o mmon be public, and'it shall cause to be kept a record of its oeunilltoc be public, a n d record proeec(ili(,gs, which, with all other records of said city, of theramd kept. shall be open to public inspection at reasonable times. The concurrence of a imajority of all the aldermen shall Reqtuisite vote to, pass; be necessary to pass any ordinance, and no ordinance ordinane. granting rights, privileges, or franchises to any person or corporation shall be adopted, amended, or repealed without the concurrence of two-thirds of all the Aldermen. SEC. 20. The Comnmon Council shall have the power R ight of r.nwy ay be to grant the rig,ht of way.through any of the streets of graYtmdYbe said city, to railway companies, by a two-thirds vote of To pave, said Council; to cause the streets, lanes, and alleys to be plank Ac., streets. paved, planked, graveled and lighted, and to cause the expense of making, grading, paving, planking, graveling, Tnd lgin, streets. lighting, and opening streets, lanes, and alleys, and of To build mnaking, grading, paving, and planking sidewalks, and ofsiddewaslks zn n ~~~~~~~~~~and make making drains and sewers, and other local improvements,poval eimt provemerits to be assessed against the owners or occupants of the lots or premises which are in front of, or adjoining such 31 32 CHARTER01 O TIlE To cause improvements, and against the owners or occupants of the expense to be assessedtoowners any other lots or premisesr which, in the opinion of the or occupants. Common Council, are benefited thereby, or by general tax, as it may deem just and proper, and the Common To make ordina ces Council shall have power to make all by-laws and .relative to mode of aas-ordinances relative to the mode ol asssessing, levying, sessing tax- s f,,r lovcal and collecting such tax, with such fees for collecting the improve ments. ment same as shall be provided in such ordinances, which Fees for collecting such collection fees shall be added in making such assessments assessments tobeadded. and be a part thereof; and the Coiimmon Council may, c o ueCi I by such by-laws and ordinances, provide for the sale of may provide for sale of p e r is o n a the personal property of the person or persons so assessed, property. to pay such assessment, and that the real estate, lots, or Sale of real estate. premises in front of, or adjoining such.improvements, Lien uston and the lots or premises which, in the opinion of the r e a I estate for 1,)cal im provemeut Common Council, are benefited thereby, shall be and tax, real estate may be remain subject to a lien thereon for the amount of such sold. assessment, and may be sold to pay the same, and the Intrest on Common Council may, by such by-laws or ordinances, local assessments re- provide for the payment of interest on such assessment turned unpaid. or tax as shall be returned unpaid, at a rate not exceeding twenty-five per cent. per annum, and such charges of advertising and selling the same as to the Common Interest and charges Council shall seem just, which interest and charges shall to be a lien on real es- be a lien on said lots and premises, to the same extent as tate. said original assessment, and may provide for the sale, Council ad- o l os n may pro- redemption, and conveyance of all lands, lots, and vide for the sale and re- premises, upon which such tax or assessments, interest, demption ofreal estate. and charges shall not be paid, in the manner, and within the time fixed by such by-laws or ordinances, and such Deed prima a ia -deed of conveyance, executed and delivered pursuant to dence of regularityfand such by-laws, or ordinances, shall be prima facia eviof title. dence of the regularity of all proceedings required prior to, and including its execution, and of title in fee in the grantee therein namled. And whenever any special I n v a i d assessment made for any of the purposes mentioned in - e me-ts may be vathis section, or for any other public work or improve- cated. ment, shall, in the opinion of the Comnmon Council, be invalid, said Council may vacate and set the same aside; and when any special assessment, or any re-assessment, shall be so vacated, otr shall be held invalid by the judg- Ip e ial as' s e s a ents ment oi- decree of any cortit of competent jurisdiction, vactedmatr - ~ ~ ~ ~~~~~~~~~~~~be re-a,ssesssaid Council mav cause a new special assessment to be e. made for the pur-pose for which the original assessment I I.-, I R e - a sseiswas made. Such new assessmIent shall be made in the menit, how niade. manner provided for making original assessments of like nature, in fi)rce at the time when such assessment should be made, and when the tax, o0 any pait thereof, assessed as aforesaid by the original assessmnent set aside, or so held invalid as aforesaid, has been paid, and has not Paym ents been refuinded, it shall be the duty of the receiver of insesismeantds to be credittaxes, to aply said payment lupon the re-assessment, edontbere asasessmnent and to make a miiiLnte thereof upon the new assessment roll, and such re-assessment shall, to the extent of such payment, be deemed paid and satisfied. All the pro dLaw of origvisions of the charter, by-laws, and ordinances of saidnal assess ment to govcity makingt special assessments a lien upon the lots, erenallernet-;parcels, and premises embraced therein, and also those relative to the levying and collecting of special assessments, and sale of property therefor, shall apply to reassessments made under this section. The provisions of this section shall apply to assessments heretofor;e made, as well as to those which shall be hereafter made. [Act No. 3)?2, Laws of 1375.] SEC. 21. The Common Council shall have power to assess AsHsesment and collect from every male inhabitant of said city over the age of twenty-one and uinder fifty pears (except paupers, diots and lunatics, ar.d all others by law exempt) an 83 CITY OF SAGINANV. CHARTER OF THE annual capitation or poll tax, not exceeding one dollar, and they may provide by their by-laws for the collection of the same: and the money raised by such poll tax shall be expended under the direction of the Common Council. SEC. 22. The Common Council of said city is hereby Powers and duties of authorized and required to perform the same duties in C om mon Council a san iy b moe h township and for said city as are by law imposed upon the town brds. ship boards of the several townships in this State, in reference to school taxes, county and State taxes, the support of the poor, and State, district and county elec tions, and the Supervisors, Justices of the Peace, Recorder, Director of the Poor, and all other officers of said city who are required to perform the duties of township officers of this State, shall take the oath, give the bond, perform like duties, and receive the same pay, and in the same manner, and be subject to the same liabilities as is provided for the corresponding township officers, except as is otherwise provided in this act, or as may be provided by the ordinances of the Comnion Council. Style of all SEC. 23. The style of all ordinances of the Common ordinances. Council shall be: "It is hereby ordained by the CorPro ecu- ma and all prosecutions under mon Council of the City of Saginaw;, and a poseCUo r dinances. and Charter tions for offenses arising under this act, or any ordinance in the name of the City or regulation of the Common Council, shall be in the of Saginaw. name of the City of Saginaw. Tx f SEc. 24. For the purpose of defraying the expense, Tax for ex pense other and all other liabilities of the city, except the bonded debt than bonded dnebdta; when thereof, and the interest thereon, and paying the same and amount Council may raise. the Common Council may raise annually, by tax levied upon the real and personal property within said city, 34 CI'tY OF SAGINAW. such sums as they may deem necessary, not exceeding Amount to two per cent. on the valuation of such real and personal be iradised plimized. estate within the limits of said city, according to the valuation thereof; taken from the assessment roll of the Tax, high way, in adyear preceeding the levving of such tax; and the Com-r dition to .~ ~~ s~ I other taxes, mon Council may, in addition thereto, levy such sum, mur iI may raise. not exceeding three per cent. of the valuation of the Amount limited. preceeding year, as they may deem necessary for highway purposes, which shall be raised, assessed, and H ighw,y tax, how collected on the same roll, and in the same manner as raised,&c. the other taxes. If the said Common Council shall deem it expedient, When ex tra tax may f)r the purl)()ses of the city, to levy a larger tax than is be raised. allowed by this section, they may, by giving ten days Notice of !meeting 0 f notice, by publishing the same in a newspaper published tinabitants.f in said city, and posting a notice thereof in three public Notiethedbe y In ~~~~~~~~~~~~~~~~~p u b I ishbed places in said city, call a meeting of the inhabitants of and posted. said city, at sonme place therein, who may, then and lmnayabviotett ~ ~~~~~~~~~~~~~~~may vote to raise extra there, vote to levy, assess and collect a further money tax. tax upon all the real and personal property in said city, in such sum as the meeting shall direct, and such tax How extra tax shall be shall be leviedl, assessed and collected in the same tolle.cteald.be manner as is provided for the levying or collection of other taxes mentioned in this act: Provided That no voters at meeting of person shall vote at such meeting who is not a tax- inhabitants must be payer in said city. Tne Mayor of said city shall preside, ta-payer. Mayor to or in his absence, the then acting Mayor shall preside at preside. such meeting. [Act No. 305, Laws of 1869, Page 53.3534. SEEc 25. All State, county and school taxes in saidoesa taxes; how city, and all city taxes, which shall be raised by general lev,iead and collected. tax, shall be levied and collected, as near as may be, in the same mannler as is provided by law for the assessment 35 and collection of taxes by township officers, and all the proceedings for the return, sale and redemption of real Proceedings same as in estate for the non-payment of taxes shall be in conformcase of townships. ity with the proceedings for the return; sale, and redemption of real estate by township officers. Taxes for SEC. 26. -WVhenever the Common Council shall be specific pur poses; how authorized b a vote of the property holders of said city apportioned oe.y pc,na edhonw to raise a tax for any specific pllrlpose, it shall be lawfill tax roll. for the Common Council to ap)portion such tax uplo the property according to the valuation as contained in the the last city assessment roll, and shall place the tax in a eo:lumn opposite the valuation) of the 1)roperty; and. R e corder's duty when when such roll is completed the Recorder shall make and special tax dis assse deliver; copy thereof to the City Treasurer, together ~... - with a warrant signed:'by the Mayor and Recordei, commanding the Treasurer to collect the same and make return of his proceedings by virtue of said warrant within a time in said warrant to be specified not less than thirty nor more than ninety days from the date thereof; and it shall be the duty of the Treasurer to collect said taxes within the time specified in said wariant, or within such further time as the Common Council may by resolution direct. c o un iI SEc. 27. The Common Council may by ordinance may make orda.anceos provide for the collection of all taxes and assessments relative to - levy ot necessary to be raised, other than such as may be raised taxes. Sale of per- as provided in section twenty-five, and for the sale of the sonal property for tax-per so nal property of the person assessed therefor, and es anfd assessments. for the sale of any real estate for the non payment (of Sale of real such taxes or assessments, and for the redemption estate for tasessm a n thereof. Provided, That all proceedings relative to the sale of personal property, and to the notice of sale, and the time to redeem real estate sold for such taxes or CHARTER OF TITE 36 CITY OF SAGINAW. 37 ~~~~~~~~~~~~...... -----β€”. assessment shall be in conformity, as near as may be, to Pr oceedings ~. ~~~~~~to con form the provisions of law regulating the notice of sale and to likep in redemption of lands delinquent for township taxes. townsbip' [Act No.:2., Laws of 13,71, Page,9.4-495.] SEC. 28. No bond or note, or other obligation or No bond, note or obevidence of indebtedness of said corporation, shall be lbget,On to giveli or issued by satid corporation, except as provided thporizead by in section ei,ghlty-foiii (84) of this act, or by any officerc. 84. thereof in his official capacity, whereby the said city shall become t)bligated to pay any sum of money; but the Conmmon Co)uncil may endorse on all accounts which may be presenteda gainst said city the amount allowed bv theii-i thleleoln. SEc. 29. The Common Council shall, in the month ofc m mno Council to March in eaclh vear, make out a detailed statement of all make, iublle, and publish rec-,ipts and expenditures of the corporation for the past dteatteamledts of ail rec'pts year, which statement shall state particularly upon what and expend. account all nmoneys were received; and it shall also specify Time ad - f Time and all appropriations made by the Common Council during manner. the year, and the particular p)urpose for which each .)prol)riation was made; such statement shall be signed by the Mayor and Recorder, and be recorded and filed in the Record(er's office; a co)py thereof shall be published in a newspaper I)rinte(l in said city for at least two week,s. SEC. 30. The Mayor shall be chief executive officer of'Mayoi chief executive. the City of Saginaw and conservator of its peace. I tie zn. ja~~~~~~~~~~~~~i$ duties. shall be his duty to see that all officers of said city faithfully comply with, and discharge their official duties; to see that all laws Geiltaining to the municipal government of said city, atnd all ordinances and resolutions of the Common Council be faithfiully observed and executed, 38 CHARTER OF THE and he shall have power, in his discretion, to report to the Common Council any violations thereof. He shall from time to time, give to the Common Council such information and recommend such mneasures, as he shall deem necessary or expedient. Powers of Mayor ex-of SEc. 31. The Mayor shall, by virtue of his office, be officio. authorized to take the acknowledgement of deeds and other instruments in writing; to administer oaths and affirmations, perform marriage ceremonies, and to do all other like acts which Justices of the Peace are by law authorized to do, and may affix to any official ceritificate the seal af the city. Powers of SEC. 32. The Recorder shall, by virtue of his office, Recorder ex-officio. be a Justice of the Peace, with all the like powers and duties as other Justices of the Peace in said city, and shall give bond and take oath of office as Justice before Title of Re- entering upon the discharge of the duties thereof; but eorderdi r owheurt and his title as such Justice shall be Recorder, and his court where to be held. held. shall be denominated the Recorder's Court of the City of Saginaw, and shall be held in the Recorder's office or Common Council room. The records of such court, and Records and filies rdf Re-sall papers filed therein shall be delivered by the Recourt to be delivered to corder to his successor in office, who shall proceed in all suce88r.cosde liverped in lto successor. cases undetermined without notice to (the) parties. Recorder to SEC. 33. The Recorder. shall be the clerk of the be clery of co.m mo n Common Council, and shall give bond for the faithful Council and give bond as performance of his duties in such sum as the Common Council shall by ordinance direct, and shall keep a record of their proceedings in proper books provided therefor, and shall open and keep the books of account, and such other books of receipts and expenditures, as the Common Council may direct, and in such form and manner as they may order. He shall also perform for the city all I Ci'TY OF SAGINAW. 39 such duties as township clerks are required by law to To perform dquit1edo perform for the several townships, and for such services q owiship of clerks. he shall receive the same fees and compensations as they erk are entitled to reeciye under the laws of this State. To keepf record I:- He shall keep a record of any (every) ordinance ordinanes and time of enacted, and of the time of its publication, which record publication. shall be signed by the Mayor aid -Recorder. No ordi- Time when certain o rnance subjecting any person to fine or imprisonment dinances to take effect. shall take effect until it shall have been published for at least one week in a newslpaper published in said city.] SE(C. 34. All official bonds of said city, except as )ffieial 'o ~ Wbonds. herein oth(rlwise provided, shall be deposited with the Whret deRecol-der of the city for safe keeping, and it shall be his posited duty to deliver the saime to his successor in office. SEC. 35. The Recorder shall possess the sonme powers Duties and . ~~~~~~~~p o w ers of and perform and discharge the rnmunicipal duties of Mayor Recorder f absence of during the absence, inability, death, resignation or aNyor. removal of the Mlayor. SEC. 36. The Recorder shall be subject to impeach- When Re corder Pubment and remroval froil office for corrupt conduct in ject to im peachment. office, or for crimnes and misdemeanors, in the same mnanner as judicial officers, pursuant to the provisions of the Constitution of this State. SEc. 37. It shall be the duty of every Alderman of Duties 0 f said city to attend the regular and special meetings of the Aldermen. CommonI Council, to act upon committees when thereunto appointed by the Mayor or Common Council, to * This section, to the bracket, is the same as Sectioin 42 of the Charter of 1859 [Laws of 1859, page 11;.] That part of the section included in the brackets was added by the revision of 1867. [Law. of 1867, vol. 2, page 1,006-1,007.]'he word "any" is probably to be read "every." Before Marclh *7tlh, 1867, It was not necessary for the Mayor to sign ornlinances (ii the'ecord. Under the Charter of 1857 and that of 1859 they properly aplpear on the record of the Counc)l ri'oceedings. ('HARTER ()F THE order the arrest of all persons violating the laws of this State, or the ordinances, by-laws or police regulations of the city; to report to the Mayor all subordinate officers who are guilty of any official imniconduct, or neglect of duty, to maintain peace and good order, and to perform all other duties required of them lby this act. Powers of SEc. 38. The Supervisor of each ward shall have and Supervisors exercise within his ward all the powelrs, authority and functions of Supervisors of townships as now p)rovided, or as may hereafter be provided by law, exc(pt as herein otherwise provided; and each of them, with the Comp troller of said city, shall be members of' the Board of Supervisors of Saginaw County, and as such shall be entitled to the same compensattion and paid in the sanie manner as other members of said Board. [Act No. 30a, Laws of 1369, Page 54. See saime section, Atct No. -96, Laws of 186'7.] Annual as- SEc. 39. The annual assessment of taxable pIroperty sessment of taxable in the city shall be made by the Comrnptroller at the same p roperty; when ana d timre and in the same manner as assessments are taken how and by whom to be made. and made in the townships in this State, except as heiein Proviso. otherwise provided; and Provided, That the CommonI Council may, by ordinance, regulate and determine the time and manner of taking sutch assessmnent.. Accounts SEC 40. The accoiunts and demands of all persons against the pcitenltledy; hw against the city shall be verified'by affidavit, and shall presente d set forth the items thereof in detail, which affidavit may be taken and certified by any imember of the Council. Comptroller SEC. 41. The Comptioller shall perfo,rm such duties and his duties. in relation to the finances, accounts, and other matters of the city as shall be prescribed by ordinance, and shall, in addition to his other duties, be the assessor of 40 CitY OF SAG[INAW. said city, and as such, shall have and exercise within the city all the powers and duties and authority of Supervisors of townships, as provided by the laws of this State, except as herein otherwise provided. He shall be Member of a member of tile Board of Supervisors of Saginaw Board of 'Sup~ervis3ors County, and shall have a seat in and attend the sessions ofu snid have a seat of the Common Couneil, and may discuss all questions in the Corm mnoll ConB.and matters which come befo)re thie Council, lit shall eil. have no vote therein. SEc. 42. The, Coniptroller of sai(l city shall complete Comptroller when to corn his assessment of all taxable property in said city on or pletenfa,sse men t and to, before the fourth Monday in JuTiie, and upon the corn- flt ientice p ~~ with Repletion theIc(f, shall file a notice of said completion coait beo lays it bewith the Recorder, who shall iel)()lt the same to thef~reo~u' Common (Collicil at its next meetingl. [Act No. *302?, Laws of ls.] SEC. 43. The Compitroller, City Attorney, City Treas- Board' or l'Review how urer, and two tax-paying citizenS, apl)ointed by the constituted. Mayor and approved by the Common Council, shall c()onstitute a B()aI-(l of Review, four of' whom shall Quorum. constitutte (L qurom. They shall have the power, and it lowers and du ti es of shall be their (llty. to examine said assessment and Board of Review. correct any err()rs foll, d therein, and on cause shown to reduce, equalize, or increase the valuation of any property found inii said 1rol(l, and to ardd thereto any taxable prop- Boardl may a,dd propererty in said city that may have been omitted, and to ty ota ~' ~ ~ ~ ~ ~ ~~~~~~~~~~ roll1. value the same. The assessment roll of said city shall Asesmeut be open for the inspection of any tax-payer of said city, opll to be Y1open to infioma the time of its completion until the meeting of spetin N o t ice resaid: Board of..Review; an(i whenever said Board shall qru iried in certain cases decide to increase the valuation of any pro perty on said before valu ation can be roll, as fixed by the Comptroller, and the owner thereof, raised. or peison to whom the same shall be assessed, shall not 41 CHlART'ER OF"'TIIL appear before said Board during its session, said Board Notice served by publi. shall cause a notice to be published in some newspaper cation. published in said city, at least two weeks, directed to ithe several persons to whom such property is ass'essed, Notice, con- stating that it is the intention of said Board, at a tiime tents of. and place to be named in such notice, to increase the valuation of the property assessed to the persons whose Bo~a dmty names appear in said notice,'to which time and place adjourn t o time fixed in notice. said Board may adjourn, and at said adjourned mieeting may make such increase in the valuation of such prop Firstmeet: erty as it may deem just. They shall meet at such ing o; Board,:' coniled by the ti me and place as shall be app)inted by the ConCouncil. apitdb h on Council to mon Council, of which time and place notice shall be give notice offirstnmeet- given by the Common Council, at least two weeks prior ing of Board. to the meeting, by publishing a notice thereof in some Noticet~be newspaper published in said city, and also by' posting p u b I i shell and posted. the same in three public places in each ward of said S e ssion of Board n ot city, and shall continue in session at least three days less than three days. successively, and as much longer as may be necessary, at All persons least six hours in each day during said three days; and may examine assess- any person desiiing so to (do, may examine his or her ment roll. assessment on said rolls, and'nay show cause, if aly, M a y show cause fo,r a (there may be) whly the valuation thereof should he reduction. Decision of changed, and the said Board shall decide thie same, and Board final. their decision shall be final; and the said Board shall Board to keeprecord. keep a record of their proceedings, and of all changes R e c or d a made bythem in said rolls, and their record shall be where deposited. deposited with the Recorder. [Act No. B30A, Lawvs of pS v o ] 0 ~ Comptroller SEC. 44. The Colliptr(oller shall deliver the assessment to deliver rols toes rolls to said Board of Review at their first meeting and roll to Bioard', of Review. after the same s,hall be confirmed by resolution of said Board, to be entered on their record, he shall again take 42 CITY OF SAGINAW. :such roll into his possession and retain the same in his office, and present the saIme for equalizstion to the Board of Supervisors of Saginaw County. SEC. 45). It shall be the duty of the Common Council, ommon Counnei t o on or before the third Monday in October in each year daetermine the amount to determine, by resolution, the amount necessary to be of tax nee I I esssary to be raised by lax for city purposes for such year, and also raised for current year o'r' befortc theiamount to be raised tor highway purposes; and the third bMon A ~~~~~~~~~~~~~~~~~~~~dayv in Octo. Recorder shall thereupon certify such amount, together ber. with the amount o()f school taxes fo;r the year, to the Comptroller. SEc. 46. The Comptroller shall levv the sums so Comptroller to levy ordered to he raised, with all other taxes required by taxei. law, )upon the taxable prop)erty of said city, in the same mianner that taxes are required by law to lbe levied in townships; he shall extend the several taxes upon the said roli, and colnm)lete the same and deliver a copy thereof, with his wairnitnt thereto attached in the form required by the general laws of the State, to the City Treasurer within the the time prescribed by law for the c)inmlletion and delivery of the tax riolls of townships in this State: Povided, SectLrity-has been given by such City Proviso. Tieasurei as required by law orl' in this act provided' but Couminml tno if such security shall not have' been given by such City auPitablepnert -on to colTreasurer, in the manner and within the time required leet tax in case of failthe Common Council shall immediately appoint some ureofTrea - u.-er to give suitable person who willtgive the requisite security, to reuisite se col ect such tax roll, and the person so appointed shall thereupon he entitled to receive said tax roll, and shall collect and pay over such taxes and make return of his Powers and turn ~~~ofhiPoesad doings thereon in the same manner and shall have all duthie fap the flowers and shall.erfrm all the duties and be puc apthe p~ower-s, aid. shall p~erfo(.rm all the duties.and be,pointee' . 43 subject to the same liabilities in this act conferred upon the City Treasurer of said city for the purpose of the collection and return, and paying over such taxes. Taxes to be SEc. 47. The taxes so levied shall be and remain a a lien. lien upon the property on which the same was levied, in the same cases, to the same extent, and in like mianner, C o l ection tobeaccord- as taxes required by law to be levied on property in the in? to the genjerallaww several townships in this State are liens upon such of the State. property; and all provisions of law relating to the collec tion of taxes, and to the return and sale of property for the non-payment of taxes for State, county and township purposes, shall apply to the collection of such taxes, and to the return and sale of property for the nonException. payment of such taxes of said city, except aIs herein otherwise provided. [Act No. 3)02, Laws of 13'75.] Fees of SEC. 48. For the collection of all such taxes, thie Citv T re a surer for collect- Treasurer, or other ierson ap)ointed to collect tle same, ing taxes. shall be entitled to receive such percentag,e tas shall be Feeos fixed prescribed by the Common C)uncil, by ordinance, not by ordi- by a n c e, notL exceeding three per centum upon the sulm to be collected, Fees to be which sum shall be added in the computation of taxes added to tax on the roll. on said tax roll of said city: Provided, Tlhatt oni all Onepercent taxes paid during the first thirty days aftei said tax roll first thirty days. shall be delivered to said Treasurer or collector, tlhere Dea,uction shall be deducted all collection fees beyond one per cent., of fees. which shall be in full cornpensati)n for collecting all 're'asuF'rto taxes so paid, and the said Treasurer, or other person remain in his office appointed to collect taxes, shall remain in his office durfirst thirty. dar-s. mg ordinary business hours fbr the said thirty (lays, arnd receive such taxes as may be offered; and immediately Trea surer to give n, -upon receiving such tax roll, he shall give public notice tice of tax roll. of the time and place at which he will receive such taxes, by publishing the same in some newspaper published in 44 CHARTEI[I OF TIIE ('ITY OF )A-GI C,NAW. said city, at least two weeks, and by posting said notices How notice in at least five public places in each ward of said city; eShnallbegivand all such taxes shall be p)ayable at the place so designated. [Act No. L' l'" v of.. SEc. 49. The Tieasurer (f the city shall be, by,rreasunrer -duties ex. virtue of his office, the collectoi of all the taxes and officio. .assessnmeiits, 1)(-)thi ge-n'ral and sp)ecial, levied(l and made therein: and for that lurl))se, within ten days after his election, he shall. give bonds to the city inii such snum and with such sniety, o' suieties,,s1 the Common Council shall require and approve; he shall also give to the Tieasure otf' the Coiilytv of Sagainaw such ftiuther securlity T rea surer 1to file bon,ds as is o01 inay iereaftel l)be required by law of the several withini ten d ay s after Township Treasurers of thlis State: and for the pilltpose election, to be approved of the collection and return of all such taxes, and the by Common Council. return of prop)erty (lelinqllctient for the noni-l)aymnent of taxes, the said TreasuleCl, on11 giving the b)onds or surety dPotiees. and so required, shall I)ossess all the l)(owels, and perfol)rim all the duties of tlhe several Towinshii) Treasureirs ot this State, as p)rescribed by- law, and shall also l)erifolri such otlher duties lesl)ecting the callection anl return of taxes as the CotilII1l1 Coulncil shall require. He shall have Power to lp)(we'r to al)loint a deputy, to be apl)roved by the appoint deputy. Comimon Council, and imay r-ev()ke such appoinrtllent at his l)leastlire, whiich app)oilnttlentt and revocation shall he Dut ies of in writing al-nd filed in the jffihe of' the Reco(rder; and deputy. the deputy may pI)erf)rm tl-ie d(uties of s-uch Treasuiier. Tr(as. and I surety reThe Ttcasuler aid his sureties shall 1)(e responsible for po,n~sible for acts,jf the acts )f' his d(.eputy. Si:c.,50. All nli()ieys drlawti iroill thle treasury shall be oneys ow Moneys how d(rawn inI pursuance of' an iorder of the Commonii Council d"raw5nryr on treasury-. l)v wairrant signed y)v the Rec(rd(ei, and countersigned by th(e CoIIIpt1-oller': such, warrant shall spl)ecify; I(or whlat 45 (C'H'1ARTERl ()' f ITHE lrreasurer purpose the amount named therein is to be paid, and( to keep acCokuCrnPt aof the Treasurer shall keel) an accurate account, under w a rr ants paid by him appropriate heads, of all the warrants paid by him, andl Treasurer's his books shall be open to the inspection of any elector books to be open for in- of the city at all reasonable hours. The Treasui-er shall spection. To exhibit exhibit to the Comilon Council, at their last regular to Common (' o uncil at meeting in the month of March, and at such other tinies last meeting inMarchan as the Council may require, a full and fair account of the account o t andl receipts rece ipts and expenditures floni and after the date of the and rxpeeidthe state of ana n ithre,tatenod last annual report, and also the state of the treasurer the treasurey.e which account shall be referred to a committee f)lr ex amination, and if foulnd to {be correct shall be filed. Marshnal to SEC. 51. The Marshal of saidl city shall, becf)rl entergive security. ing upon the (lii,,charge of the tllities of his o(ffice, give such security for the faithfuli i)erflirlnaucl (f his duties as tile Coalllil-n Council shall direct and require ChiefofPo- He shall be Chief of Police, and by virtllre of his office ice and h ave thn shall have all the powers conferred upon, and l)erf()irti powers of: Constable. the duties required of, Constables elected under the marshal t,l, gve seuri- general laws of this State, and shall take and subscribe ty I equired of Consta- the same official oath, and give the like security, required Dutes of such Constables; and it shall be his duty to serve all Duties of Marshal. process that may be lawfully delivered to-) him ftoi service; to see that all the by-laws and ordinances of the Common Council are p)rompltly and efficiently enfo()ic(d, and especially those which may be lI)ass(ed to carry, into Obey orders effect the powers granted by section ten of this act. He of Mayor. shall obey all lawful orders of the Mayor, and mnay MV a y command aid. command the aid and assistance of all Constables, an(l (of) all other persons, in the discharge of the duties Ma r b imposeld upon him by law. He may aplpoint suchi eapyties. number of deputies as the Common Council shlall direct and approve,. who shall have tlhe same p)owers and pIerforiii the s~iue( duties as the Marsh-al, exce)pt the 46 C1TY Ol ( A(INAW.. power to serve civil proess, and for whose official acts u t y he shall be in all respects resl)onsible; and the Marshal Marshals, powers of. and his delputies shall have the saime powers to serve and execute ltll )iocess in behalf )t' the corporation of said rowers of Marshal and city, or of the l)eople of this State, foi ofTences committed his depu ties. tvithin said city, as Sherififs and Constables have by law, to execute siilanila )rocess. LAct No.:2 Laws oj' ',s'/.] SEc. 52. The Directois (-)f the Po()r, and City Cotsta- Duties and powe-rsof bles shall have thle p)wers and p)eioirni the duties of Director of thePoor an(d towInsliil) officers elected under the general laws of this Constbles. State, subject t.() the lI)rovisions of this act; and the LPolice Colistal)les shalll hliave like lo)()wer aid authoritv wVithl the Maisha,tl. SEc. 53. The Street Ctnlmissi()niler shall, under the street Com. m i ssioner's (li'ect,ioi of' thl C(immon Cotuncil superintend the mak- poweis and dutiles. iig,, giading, paving () p)lankigt,, tel)airiijg and opening C~~~~~~, ns Ind of all streiets, lanes, alley7s, bridges, sidewalks, drains and sewers within the limits of tlhe city, in such manner as lie 1invy fl'oIll tiile t(o til(e be requirei; and before enterimg upoli i le (lhcisllaro( of hlis (duties, and( within ten days ea,hnd ofofd cl ~~~~~~~~~~~~~~~~~~cc and bond iroiin the (e lfti i,f his tl)l)oiitllelnt, shall take the oath to be lied. () office nil give sucll sectrity for the laithful discharge of his (dities as the C)lm,:,t Council shlall direct and require; anl(l he miay atl))lint Ot4.i (tr more assistants, who Ma a rp point 4asistshall!)e apl)p-()ve(d b)y the Coliincil. aiitn. S,.e 54. Tll( City Att,irney shall a)Ipear in, and (ity Attorconduect all suits, p)rosecuti(-)ns anid p)roceedings, in anley; powduties. c()urt, to which the City tof Saginiaw is a party, to the To conduct end thereof, subject to tlt itrules and practice of such all suitse of ,i the city. court; andt if the same be ireiiovedl to any other tribunal, by' wiit,)f el'nIl habe(ts Cog,-jus,,i-r i)theri-wise, he shall 4 .47 CtItHARTE'R O' TF'l.' conduct the same before such tribunal, antid shall perform such duties, as attorney, as the Common Council mlay To have seat require. He shall have a seat in, and attend the sessions in sessions of common of, the Common Council, and nay discuss all questions Council. and mnatters which may come before said Council, but shall have no vote therein. [Act No. 0, Laws of 18]7.] SEC..55. Whenever rany officer shall 1resign or Ibe Officers to deliver a lleImnoved from office, o0 tihe term for which he shall be books, p a - per,. et, to elected or appoinited shall expire, he shall, on demyand, suceeiwol.on I demand. deliver over to his successor in office all the books papers, money and effects in his custody as such officerr P i or in any way alppertaining to his office, and every Persons vio- o navwt n vl lating thi person violating this l)rovision shall be deeme(l guilty tf section to be ~ guilty of aI misdeme,- a mis(ldemeator, an,l may bw ploeeCdec aginst in the oIr, and punished unde ame nimanner as public officer-s geterally for like otffense the general law., of this under the general 11wvs of this State, now or heireafter in State. force and applicable thereto; and every officer appointed or elected under this act shall be dee,mreed an officer within the meaning and provisions of such geneial laws of the State Powers, du- SEC. 56. In addition to the ri,ghts, powers, duties antd ties, &c, of _ offlcers not liabilities of officers prescribed ina this act, all officer;s, ot h e r wise providd f whether elected or appointed, shall have such otlheri:Cegulated by we Council. rights, powers, duties and liahilitier subject to and con sistent with the provisions of this act, and shall give such security as the Commnion C(ouncil imay deem expedi ent and shall prescribe -by,)rdinance o' r(sollltition. (,IomMO it SEC. 57. The Comnimon C(oncil shall presciribe, br Council t oI d eyte rmdie ordinance or resolution, the term of office of all officers by ordimanee or retdnluteon the appointed under this act, and shall determine the salary term of of- ' and or compensation to be paid to the several officers of said 48 city, which sum, when so fixed, shall not be changed salaryof duri ng, the term, except as provided in Section 10 of' this offiers apact. SEc. 58. All fines imposed by any by-law or ordinance Fines to-be collected by of tIhe Ceommion Council may b-e sued for by the City kCity ~ttor -' ~~~~~~~~iiey.. Attorney, in the name of the corporation, before the Recordel, or any Jllstice (of the Pe(ace) (o-f said city. SEc. 59. In all suits in whichl- the corp)oration of the No inhabi tant incornCity of Saginaw shall be a party, or shall be interested, Pwitentassain y w~~~~~~~~~~~~sitii-s i'n no inhabitant of said city shall be dleemed incompetent whnich the Cityof Sagas a witness or juror on account of his interest in theimaw ity i terested. event of such suit or action: Provided, Such interest Provio. be such only as hle has in commoll with the inhabitants of said cit v. SEc. 60. In all trials 1)ef)ore the Recorder, or any Parties en titled to juJustice of the Peace-, of any person charged with a rfyoliattinlg violation of any by-law ol ordinance of the Conmmon natcs,&rdc. Council, either l)artv shall be entitled to a jury of six Practice in persolns; ud i(iall the )roceedlin,gs foi the summoning of'Recorderes and Justices such jull and in tlhe trial of the cause, shall be in con- Court. forltity, as Heal as may be, with the mode of proceeding in simiilar cases b)efore Justices of the Peace; and in all cases, civil and criminal, he shall have the right ofF Rghtofap peal. appeal fi-)mi the Justice's Court to the Circuit Court, and shall abide the order of the court tlherein on the same terims -s is o1 O mayv be required by law in appeals fi-omn Justices' Courts ini similar cases. SEc. 61. In all p)rosecutions fol the violation of any of Proceedings upon cornthe by-laws or ordinances passed by the Common Coun- plaint and warrant. cil, upon complaint beilng made in writing by the Citv Attoiney, or the o(al Or written conmplaint of any other perisol u)onll oath, before the Recorder or any Justice of CITY OF li.AGINAN'. 49 50 CHAR'1'ER OF T'HE the Peace of said city, setting forth the substance of the offense complained of, the Recorder or Justice shall issue a warrant in the name of the People of the State of W h a t ofi- Michigan, for the apprehension of the offender, directed cer to execute mar- to the Marshal of the City of Saginaw, or any Constable ranat. of the County of Saginaw, (except in the case mentioned in section 65,) and such process may be executed by any one of said officers, anywhere within the County of Sagwrtrrantf inaw, and shall be returnable the same as other similar process issued by Justices of the Peace in townships. Wher r- SEc. 62. Upon bringing the person so charged before so brogh before t the Recorder or Justice, he shall plead to said complaint, corder or Justices and in case of his refusing to plead, or standing mute, .proceed'ig- the Recorder or Justice shall enter the plea of not guilty for the person so charged, that upon the said complaint convaiction and plea a trial shall be had: and upon the conviction of and fine. said offender, and the imposition of a fine, it shall be the Execution duty of the Justice to issue an execution, directed to to issue. the Marshal of said city, or any Constable of said county, commanding him to collect of the goods and Manner of collenteng. chattels of the person so offending the amount of For want of fine with interest and costs; and for the want of suich goda, &Ch., goods and chattels wherewith to satisfy the same, that body ofdef't and cofd fmmit he take the body of the defendant and commit him to to county jail. the common jail of said county, and the Sheriff shall safely keep the body of the person so committed until he be discharged by due course of law; and in case where imprisonment alone shall be imposed upon the person When com- SO convicted, the said Justice shall issue a commitment, mitment to 1ue.It directed as aforesaid, commanding his commitment until the expiration of the time for which he shall be sentenced to imprisonment, or until he be discharged by due course of law; and in cases where hboth fine and im CiTY OF SAGINAW. prisonment are imposed upon the person so convicted by the judgment of such Justice of the Peace, he shall issue the necessary p)iocess to( cari-y such judgment into effect: Pirovided, That the Commton Council mnay remit Proviso. such fine, in whole or in part, if it shall be made to appear that the person so committed is unable to pay C ounmc o the same. [CLom?npare this section with clause 34, of i.neY. section 1(0.] SEc. 63. Any Jutstice of the Peace residing in said IRecordere and Justices City of Saginaw, and the Recorder of said city, shall odfthieeoe duties of uphave full p)(-wer and authority, and it is hereby made the plaieo-tbv pIai n tbv' duty of such Justice or Recorder, upon complaint to him city lA.ttor ney or other person f o in writing l)y the City Attorney, or upon oath of any iol0io0of by4aws or other person, to inquire into and try and determine all o,dinance. offenses which shall be committed within said city against any of the l)y-laws or ordinances which shall be made by the Commnon Council in piursuance of the powers ogranted by this act, and to p)uniish the offenders as bv the said by-laws or ordinances shall be )prescribed or directed: to) award all )rocess and take eccognizance for the keeping of the I)eace, for the al)ptearance of the persons chlarged, and ipon apl)peal, and to commit to prison as occasion shall lawfully require, and to commit when may commit to to the Detroit Houise of Coriection in all cases where, by thle U)Detroit ~House of the general laws of this State, suchl iniprisonment is Correction. lawful. SEc. 64. The corporation of the City of Saginaw shall Useofoun ty jail to be be allowed the use of the comnmon jail of the County of a llUowed to City of SagSaginaw for the iinprisonment of all persons liable to iaw. imprisonment under the by-laws and ordinances of' the Common Council; and all p)ersons committed to jail by any Justice of the Peace ilor any violation of a by-law or ordinance of said Conimon Council shall be in the 51 52 C11ARTE1 oF TIlL custody of the Sheriff of the county, who shall safely keep the person so committed until lawfully discharged as in other cases. SEc. 65. Whenever any person clarged with having violated any ordinances of the CommonI Couucil, by which the offender is liable to imprisonment, shall have Powers ofescaped from said city, or shall reside or be without the Recorder or limits thereof; the Recorder or any Justice of the Peace,, Justices t o i-ue war- residing in said city, to whom complaint shall be made. rant to any Sheriff of shall issue a warrant to any Sheriff of any couty in the any county a n in certain easeesr. State, commanding him forthwith to bring the 6ody of such person before him, to be dealt with according to law; and every Sheriff, or other officer, to whom such warrant shall b., delivered for service, is h ereby required to execute thle satire under the penalties which are I)y law incurred by Siheriffs and other officers for ieglecting M,arshal to or refusing to execute other criminal process; and in case s,erve, w a rant inw the the person char,ged as aforesaid, shall le within the: county in certain county of Saginaw, the said warrant may be servedl by the SeaS. Marshal of the city, or by the Sheriff, or any Constaible of the ccolnty. SEc. 66. All process issued by the Recorder or any Justice of the Peace to enforce or carry into effect any of the by-laws or or(linances (-of the Common Council Proce β€”to (except in the cases mentioned in Section 65 of this act) whom to diwet ot. di shall be directed "To the Marshal of the City of Sagi naw," or "To any Constabl)le of the County of Saginaw;" and such process aray be executed by any of said officers anywhere within the County tof Sagiiaw, ai(nd shlall be returnable the same as other similar p)rocess issuted by Justices of the Peace. Filles must be paid into City Treaswry. Sec. 67. All fines, penalties, or forfeitures, recovered before any of the said Justices, or the Rec,()rder, shll 52 CIIA-RTER OF TTIL,' CIT'' OF SAGINAW. 53 when collected, be paid into the city treasury; and each R er)rder of said Justices, and the Recorder, shall report on oath and Justicest mus3t report to the Common Council. at the first regular meeting CiJueSct~ thereof in each month, during the term for which he num det and ~ ~~~~~~~~~numbe rand names of shall perform the duties of such Justice or Recorder, the p,,rsons. fined. number and names of all persons against whom judgrent shall have been rendered, for such fine, penalty, or forfeiture, and all moneys by him received for, or oil account thereof; which moneys so received, or which may be in his hands, collected on such fines, penalty, or - forfeiture, Fines, when paid over by shall be paid into the city treasury, on the first Monday of led,~rtder and Juistices each and every month during the time such Justice or Recorder shall exercise the duties of said office; and for Fines; pen alty fcr not any neglect in this particular, he miay be suspended or payingovner. removed, as hereinafter provided. [Act No. 30 ), Laws of /,!79.] SEic. 68. Any Justice of the Peace, and the Recorder Recorder Re co r der of said citv, may be suspended or removed from his said ayJbeties ~, ~~~~~~~~~~~~~~~may be reoffice, bv the Circuit Court for the County of Saginaw, moved. for neglect or refuisal to pay over as required by law, any Neglect to pay over mlleys by him collected foi)-, or on account of any fine, money. penalty, or fo)rfeiture, or the unfiaithful or insufficient periformance of his duties in relation to the internal police of the State, or for any official misconduct, on charges specially preferred by said Common Council of C hargpea may be presaid city, or any member or any officer thereof, or by ferrfd by ~ ~~~~~~~~~~~~~~Council. three electors of sai(l city, foinded on affidavit filed in Electors nmay prefer said Circuit Court, specially stating the charges con- charges. plained of, a copy whereof shall be served upon him, in arges C harges', such manner as said Circuit Court shall direct, and Copy must - ~~~~~~~~~~~~~be served. opportunity shall be given him to be heard in his defence. [Act No..'0)), Laws of 1869.].: SFc. 69. In additi,)n to the security now required by law to be given by Justices of the Peace, each of the 54~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ CiAtE iTE Bond to be Justices of the Peace shall, before entering upon the jgvt,eb.Y duties of his office, execute a bond to the City of gagi naw, with one or more sufficient surities, to be approved by the Mayor and Recorder of said city, which approval shall be endorsed on said bond, in the penalty of one thousand dollars, conditioned for the faithful perform ance of his duties as a Police Justice of said city, and to pay over the moneys so collected, and make his report as in this act required, which bond shall be filed in the office of the Treasurer of said City. Docketsanl SEC. 70. All dockets and office books kept by the office books of Justice!s Justices of the Peace shall at all times be subject to t,, be at all times s u ject to iUn- inspection and examination by the Common Council, or spection by theCommon or any member or officer thereof, and it shall be the duty Council. of said Justices of the Peace to produce such dockets and books at all times, whenever and wherever the said Common Council shall require or direct, and if they shall neglect or refuse to produce such docket or office books as directed and required, the Cii cuit Judge of the Circuit Court for the County of Saginaw may, on a proper application to him for the purpose, make an order requiring the same to be produced and enforce obedience thereto in the same mannler in which other orders made by him are enforced. 'FurtherCdu-. 71. It shall be the duty of each Justice of the Further duties of theJus- Peace, at the first regular meeting of the Common ticera of the c~ eua ebu Peace in certaiancE,ese.r Council in each of the months of August, November, February and May, in every year, to account on oath before the Common Council for all such moneys, goods, wares and merchandise seized as stolen property, as shall then remain unclaimed in the officef of either said Justices of the Peace, and immediately thereafter to give notice ior four weeks in one of the public newspapers printed in 54 CHAR'RER OF'FI-IE the said City of Saginaw, to all persons interested or claiming such property: Provided, always, That if any Proviso. goods, wares, merchandise or chattels of a perishable nature, or which shall be expensive to keep, shall at any time remain unclaimed in the offices of either of said Justices, it shall be lawfill for such Justice to sell the same at public auction, at such time, and after such notice, as to him and the said Common Council shall seem proper. SEC. 72. It shall be the duty of each of the Justices Duties of of the Peace aforesaid, who may recover or obtain tJausties on ~ ~ ~~~~~~~~~taking pox-. ,session of possession of any stolen property, on his receiving stolengoods satisfactory proof of property frown the owner, to deliver such property to the owner thereof, on his paying all necessary and reasonable expenses which may have been incurred in the recovering, preservation or sustenance of such property, and the expenses of advertising the same. SEC. 73. It shall be the duty of each of the Justices Duties of Justices i n of the Peace aforesaid, to cause all property unclaimed caseof stol en property after the expiration of the notice specified in the last unclaimed. preceeding section but one of this act, money excepted, to be sold at public auction to the highest bidder, unless the Prosecuting Attorney of the County of Saginaw shall direct that it shall remain unsold for a longer period, to be used in evidence in the administration of justice-and the proceeds thereof forthwith to pay to the Treasurer ofathe said City of Saginaw, together with all money, if any, which shall remain in his hands after such notice as aforesaid, first deducting the charges of said notice of sale. Sr(. 74. The Recorder shall report to the Common Recpordretr to tomo Council the names of such officers as shall have neglected ChoeuCnil tmeon namesfo to give the bond and security required by the provisions fi,emre,sfo. lecting to of this act qualify. CITY OF SAGINAW. 55 56, CHARTER OF THE Fees o: Jus- SEC. 75. The Justices of the Peace and the Conrstatices and Constables. bles shall receive the same fees as are by law allowed to Fees of the Justices and Constables in townships. The Marshal Marshal. and Police Constables shall receive the same fees folr making arrests and serving process in behalf of the corporation as Constables are allowed by law for similar services. SEc. 76 At all city elections every elector shall vote Qu ali ficationsof,le-c in the ward where he shall have resided ten days pretors at ci~y elections. ceding the day of election, otherwise he may vote in Proviso. the ward from which he removed; Provided, He shall Residence ot 1 ele t or in have resided in such ward ten days prior to such removal. the ward where he The residence of an elector, under this act, shall be the boards or takes regu- ward where he l}oards or takes his regular meals. lar meals. Perjury. SEC. 77. Ann- pel son who imay be reqired to take any oath or affirmation under or by virtiue of any provision of this act, who shall, under such oath or affirmation, in any statement or affidavit, or otherwise, wilfully swear falsely as to any material fact oir matter, shall be guilty of perjury. SEc. 78. If any suit shall be commenced against any person elected or appointed under this act to any office, for any act done or omitted to be done under such elec tion or appointment, or against any person having done any thing or act by the commnand of any such officer, and if final judgment be rendered in such suit whereby any Do u b1 e such defendant shall be entitled to costs, he shall recover wosts when recovered. double costs in the manner defined by law. Every such suit shall be commenced before theRecorder or some Jus ticeof said city, or in the Circuit Court for the County of Saginaw, whether such action be civil or criminal in form. I CITY OF G1NAW. 57 SEc. 79. The record of any ordinance enacted, and of Reoro Re cord of the time of its first publication, made by the clerk as or cenrti,fied Copy pror-equired in this act, or a copy thereof, certified by such fueie of due passage clerk, under the seal of the corporation, shall be pre- df'Such o. ......... ~~~~~~~~~~~~~~~dinante. sumptive evidence in all courts, places and proceedings, of the due passage of such ordinance-of its having been duily published, and of the time of its first publication. Copies of all other records and papers duily filed in and pertaining to the office of the clerk, certified by him under the seal of the corporation, shall be evidence in all courts andc places to the saitme effect as the originals would be if produced. SEC.. 80.U Proof of the requisite publication of any ordinance, resolution or other proceedings required to be published in- any newspaper, by the affidavit of a printer or p1)ublis)er thereof; taken before any officer authorized to administer oaths and take affidavits, and Legal publiduly filed with the Clerk of the city, or any other conm- cdatioanofor dinantes%; petent proof, shall, in all courts and places, be conclusive whesinvelyn prosved. evidence of the legal publicatiorn ot' such ordinance, proved resolution or other proceeding. All ordinances and bylaws of the Common Council, printed and published by their authority, shall, in all courts, places and proceedings, be received without further proof as prima facia evidence thereof, and of their legal enactment and,pubj-lication. [See sec. 5,95)3, Page 1,711, C. L.] *SEC. 81. No. person shall be an incompetent Judge, Irnhabitalndt SEC.:' 81.~~~~~~~~~ No pers ~~~~ ~or':, freeholdJustice of the Peace, or other officer, witness or juror, by qeuanliftdi. act as Judge reason of his being an inhabitant-or freeholder in the City iceti, jr or ro witneas of Saginaw, in any prosecution or proceedings in the in any prose I: I ~1' cution or Recorder's Court, in any action or proceedings in which proee,ding I I,, -i n Recor dthe corporation shall be a party in interest, or in anyi wChich this city is a judicial or other proceedings. party. 57 'CITY OF SAGINAW. Legal acts SEc. 82. This act shall not invalidate any legal act by Mayoror done by the Mayor or Recorder, Aldermen and Freemen not to be invalidated by of the City of Saginaw City, or by the Common Count cil or any officer of said city now or hereafter in office. cil or any officer of said city now or hereafter in office. Defaulters SEC. 83, No person shall be elected or appointed to to the city n o t to be any office created by this act who is now 01. may hereelected or: 7 appointedafter be a defaulter to said city, or to any board of to any office, c.-y. ~., officers thereof; or to the State of Michigan or any Whoarede-county or township thereof; and any person shall be faulters3. considered a defaulter who has refused or neglected, or may hereafter refuse or neglect, for thirty days aiter demand made, to account for and pay over to the party authorized to receive the same, aly public money or papers pertaining to his office, which may have come into his possession; if any person holding any such office Office to beomre vacant shall become a defaulter while in office the same shall bydefault. thereby be vacated. Bonds;when, SEC, 84. Whenever the Common Council shall deem and how to issue. it necessary to issue the bonds of the city for any pur pose, they shall call a meeting of the property-holding taxpayers of the city, being electors thereof, by posting notices in five of the most conspicuous places of said city, at least eight days previous to the time of said meeting, giving notice of the time and place of such meeting, also specifying the amount of; not exceeding twenty-five thousand dollars, and the object for which it Mayor,orin is proposed to issue said bonds. The Mayor, or in his his absence,, Recorder to absence, the, Recorder, shall preside at such meeting,' p reside a t ~'. edet.ngi n and the electors present shall choose, viva voce, from meetrings. among their number the inspectors and clerks of said election, who shall, before proceeding to the discharge of their duties, make an oath or affimation faithfully to discharge the duties of their respective offices at such 58 CHARTER OF TIJE 'CITY~ OF SAGINAW. 59 ................................ election, which oath or affirmation may be administered by any person authorized to administer oaths. Said election shall be conducted in the same manner, and the canvass of votes, as nearly as may be, as other elections under this act. At the close of such election the inspectors shall make two certificates of the number of votes given for and against such issue of bonds, one of which shall be'forhwith depo0sited'with the Recorder of said city, and the other filed in the office of the County Clerk of the County of Saginaw: Provided, That not more Proviso. than two such meetings shall be called in any one year. SEc. 85. Whenever the Common Council shall, be Co monc l C oun~cilI authorized by a vote of the tax-payers as aforesaid, they bOa wihuen authorized may issue the bonds of said city for the amount'as by vote of aforesaid, and provide for the payment of the interesttaxayers thereon, and for this purpose shall annually levy, assess and collect on the assessed value of all the real and personal estate in said city, made taxable by the laws of this State- taxes for this purpose not to exceed in amount a sufficient sum to pay the interest accrued or to accrue on said bonds for the year for which said taxes are levied. SEC. 86. All ordinances, by-laws, regulations, resolu- Ordinances to remain in tions and rules of the Common Council of the City offorce. Saginaw City, now in forcc and not inconsistent with this act, shall remain in force until altered, amended or repealed by the Common Council under this act, and after the same shall take effect. SEc. 87. So much of the "'Act to incorporate the City What by this act reof.Saginaw City," and only so niuch of said act as may peled. be inconsistent with the provisions of this act, is hereby repealed. (~~0 ~ CHAIrrFR OF'rri Certainoff- SEC. 88. All the officers of said city who may be in aerl to re-ofc rmain in ref office at the passage of this act shall continue to exercise :flee until exfilrutin ofe' the duties of their respective offices until the term. for the term for which they which they were elected shall have expired. were elected Public act. SEC. 89. This act shall be deemed a public act, aind shall be favorably construed in all courts., i SEc. 90. The Legislature may at any time alter, amend, or repeal this act. SEc. 91. This-act shall take immediate offect. Co u n c i SEC. 92. The Common Council may construct, grade, m a ybuild roatobceimld- gravel, plank, or repair, any street, road, or highway etery beyond city within, or without the corporate limits of the city, leadlimits. ing to the burying ground or cemetery owned by it, and M a y joir may join with the township of Saginaw in the constrecwith township of Sag- tion, grading, graveling, planking, or repairing, from inaw to build road time to time, of any such road or highway without the to cemetery. limits of said city, leading to such burying ground or cemetery, on such terms and conditions as may be agreed upon with the Township Board of said township, and may contract with the Saginaw & Gratiot Plank Roadl Company to keep in repair that part of its road lying between the city and said cemetery. [Laws of ]87..] City may SEC. 93. The Common Council may, in its discretion, bid in lands on the five authorize the Comptroller. to attend the annual tax sales year list. held in the County of Saginaw, and bid in, in the nanie of the City of Sag,inaw, all descriptions of property lying within the corporate limits of said city, known as State tax lands, which have remained unsold for five years or more, from the time such lands were bid off to the State, Liable to under the general tax law of this State, which lands, so on bid in for the city, shall be liable to taxation the same as if they were not the property of the city, and such tax CI'TY OF SAGINAW. 61 shall be a lien on the land, and the city shall have the City may same right to take any proceedings in law or equity, tkero given to individuals, to quiet title in cases provided for quiet title. May re-sell in the general laws of this State, and provide for the sale such lands. and conveyance thereof, and all deeds of conveyance Deeds made made of such lands, pursuant to the order, or direction by Council. of the Common Council, or ordinances of said city, shall Evidence of be prima facia evidence of the regularity of all proceed- title. ings prior to, and including such deed, and of title in fee in the lands therein described. [Laws of 1875.] SEC. 94. No plat of lands within the limits of the Plats must be approved city, executed as a sub-division thereof, or addition to by Counl. said city, for the purpose of being recorded in the office of the Register of Deeds, shall be entitled to record without the approval of the Common Council, and a copy of the resolution containing such approval, certified by the Recorder, under the seal of said city endorsed copy Of all thereon; a copy of such plat shall also be filed with the thee Cowmpth Comptroller of said city. [Laws of 1875.] troller. SEC. 95. The Common Council shall have power, by SewerCom missioners. ordinance, adopted by a vote of two-thirds of all the Aldermen elect, and approved by the Mayor, to create and provide for a Board of Sewer Commissioners, and from time to time to fix and prescribe the powers and duties of such Board. [Laws of 1875.] SEC. 96. The Common Council shall have power, intere,t ol ~ ~ ~~~~~~~~~~~~~~~city money. by a two-thirds vote of all the Aldermen elect, to enter into a contract with any bank, banker or bankers, doing business in the City of Saginaw, to receive on deposit, and pay interest on, any money in the city treasury belonging to the city, and to receive from any such bank, Security to banker or bankers, such security, by way of bond, or begiven for otherwise, for the safe keeping, and prompt paying over i t. of such money, and the interest thereon, on the order of City Treasurer, as the Common Council may, by reso lution, adopted by a two-thirds vote of all the Aldermen elect, demand and approve; and such contract, being made and filed with the Recorder, and the security for the faithful performance thereof being approved, and filed with the Recorder, and such contract and security Interest con entered and recorded at length upon the journal of the tract to be recorded on C the journal. ommon Council in the proceeding of the meeting at which the security was approved, the Common Council shall have power, by resolution, to direct the City Treas urerto deposit with such bank, banker or bankers, all moneyof the city in, and thereafter coming, into, his hands, Tr ea surer during the time fixed in such contract, and the City not liable f or money Treasurer and his bondsmen shall not be liable for any d e posited by Council. loss the city may sustain from, or by reason of any defalcation of such bank, banker, or bankers. In any contract for the deposit of the city funds, made in puir suance of the authority herein given, the Common c o nrcii Council shall reserve the right to terminate the same, nate interest contracts. and to withdraw such deposits, and remit the same to the custody of the City Treasurer at its pleasure, by a Money de- two-thirds vote of all the Aldermen elect. Money so inteoestcon- deposited shall be drawn only on the order of the City tracts. how draln. Treasurer, and he shall draw the same only when he is authorized to pay the same according to the provisions of section fifty of this charter, or directed by the Com mon Council to withdraw' such deposits in the manner above provided. [Laws of 1875.] 62 CHARTER OF THE CITY OF AGINAW. 63 SCHOOL LAW OF THE CITY OF SAGINAW. [Act No. 260, Laws of 1865.] An Act to Organize Union School District of the City of Saginaw. SEC. 1. The People of the State of Michigan enact: That the City of Saginaw shall constitute One School Body corpo District, which shall be a body corporate, by the name BrateYrpoand style of Union School District of the City of Saginaw, and by that name may sue and be sued, and shall be subject to all the general laws of this State relative to corporations, so far as the same may be applicable, and such district shall have all the powers and privileges Powers of Board. conferred upon school districts by the general laws of this State, all the general provisions of which, relating to common or primary schools, shall apply and be in force in said district, except such as shall be inconsistent with this act, or with the by-laws and ordinances of the Board of Education hereinafter mentioned, made in pursuance of this act. SEC. 2. All schools organized in said district under this act shall be open to all children, actual residents ho to be within the limits of said city, between the ages of five admitted to and twenty-one years, inclusive, and to such other persons as the said Board shall admit. CITY OF SAGINAW. 63 SEC. 3. The officers of said district shall consist of oa r d of Six Trustees, to be called the Board of Education; and Education. Terms onf the term of office of said Trustees shall be three years, two of whom shall be elected annually, at the annual meeting of said district, which shall be held on the first Monday of June in each year; and within ten days after each annual election the Trustees shall meet and elect Officers. from their own number, a President, Secretary and Treasurer, who shall severally hold their offices for one year, and until their successors shall be elected and qualified, and may at any time fill, by a new election, any vacancies that may occur in either of said offices; Powers, and and their powers and duties shall severally be the same duties of as those of the moderator, assessor, and director, in school districts organized under the general laws of this State, except as the same are varied by the provisions of this act, and the ordinances and by-laws of said Board. SEC. 4. The Secretary of said Board shall give at Notice of elections. least ten days previous notice of the annual and all special meetings of said district by posting notices thereof, specifying the hour, place, and object of holding the same, in at least three public places in said city; and a copy of such notice shall be recorded in the book in which the records of the proceedings of such meeting shall be kept, and such record shall be primafacia evi dence that due notice of such meeting has been given ac cording to its terms. VACa ees SEC. 5. Said Board of Education shall have power V ae a neiel how filled. to fill all vacancies that may occur in the office of Trus tee until the next annual meeting of the district; and each Trustee within ten days after notice of his election, whether elected by said district or by said Board, shall file with the Secretary an acceptance of office in writing. SCHOOL LAW' OF THE 64 SEC. 6. The treasurer of said district shall, before Tesiurve to give entering upon the duties of his office, give a bond to said bond. district, in such sum and with such surety or sureties as the said Board shall approve, conditioned for the faithful performance of the duties of his office, which bond shall be filed with the Secretary. SEC. 7. The Treasurer shall receive and hold, sub Treasurer ject to the order of said Board, all moneys, belonging to t o h 1I d mos besaid district, from whatever sources derived; and it shall longi te 'district. be the duty of the County Treasurer and the Treasurer of said city to pay over to him, on his application therefor, all moneys that shall come into their hands respectively, belonging to said district. SEC. 8. No money of said district shall be paid by M one a said Treasurer except on the order of said Board, signed how p by the Secretary and countersigned by the President; and it shall be the duty of such Treasurer to pay such orders to the extent of the funds in his hands on presentation thereof.' SEC. 9. A mnajoril,ty of the members of said Board Quorum shall constitute a quorum, and the said board shall meet from time to time, at such place in said city as they may designate. Said Board shall succeed to, and exercise Powers o f boardall the powers and perform all the duties of school inspectors for said city, and the office of School Inspector of said city, except as vested in and to be exe- Examina tion o f cuted by said Board, is hereby abolished; said Board, teacheros. before hiring any teacher, shall examine into his or her qualifications, and all teachers employed by said Board shall be considered and deemed legally qualified; and said Board shall deliver to them respectively a certificate, stating the branches they have been found qualified to to teach, which shall continue in force sG long as said Board shall continue to employ such' teachers in the schools of said district,unless expressly annulled by the said CITY OF SAGINAW. 65 66SHO LWO H Board; and on such certificate being annulled, any con tract for the employment of the teacher named therein, shall cease and determine, as though the term of such employment had expired. Boardtode- SEc. 10. The said Board shall also have power, and ter mine a m o u n t it shall be its duty, annually to determine by vote, which of money neceassaryv shall be entered in the records of its proceedings, the to be rai sea. amount of money necessary to be raised by tax on the property of said district, to defray the expanses of the schools of said district for thi current year, and the amount necessary to pay the interest and principal of any liquidated debt due within such year, from such dis trict, and to file with the Recorder of said City on or before the first day of October in each year, a statement in writing, of the sum so voted; arnd it shall be the duty of the Common Council to apportion said sum to be C o u ncil to apoer- raised among the wards of said city, according to the tion sums among the valuation of the taxable property in the same, and to wards. cause the same to be assessed on such property in the first general tax thereafter made: and the assessment of such tax, for said district, shall be in a separate column in said roll; and the same shall be collected at the same Taxes to time, and shall be and remain a lein on the property on be a lein on which the same is levied; and the Treasurer of said city property. shall have the same authority, and may resort to the the same modes and proceedings, by virtue of the said roll and the warrant annexed thereto, to collect the the same, as the other taxes therein contained; and it shall be the duty of rhe City Treasurer to pay over to the Treasurer of said district all such moneys as may be col lected belonging to said district, as indicated by said column, as follows, to wit: All such moneys as shall have been collected on the first Monday of January next succeeding the date of issuing such tax roll, and on the SCHOOL LAW OF THE 66 CITlY OF SAGINAW. 67 first day of February such sum as shall equal one-half the amount of the total school tax, the same to be paid out of any moneys collected by him on said roll, and the balance of the school moneys on the return of the roll. Provided, That in case the time for the collection of the Proviso. roll shall be extended, then on or before the twentieth day of February he shall pay over one-half of the balance remaining unpaid atter the payment of the first of February, and the remainder, on the return of the roll. [Act No. 353, Laws of 1869, page 821.] SEC. 11. Said Board shall also have power to order s p e i a meetings of special meetings of said district whenever any such meet- district. ing shall be deemed necessary: and at any such special as well as at any annual meeting of said district, a majority of the tax payers, resident therein, in attendence, shall be entitled by vote to order any number of school houses to be erected, and sites for the same in said city to be purchased; and to vote for raising by tax on the taxable property of said city, or partly by tax and partly by loan, on the bonds of said district, all sums necessary to purchase said sites, and to improve and ornament the same, and to erect and furnish such school-houses. SEc. 12. Said Board shall have power, and it shall be its so sh e ites1. duty,to select and purchase such number of sites for schoolhouses, as shall be directed by the vote of any district meeting or meetings; and in case a loan. for any purpose Loans authorized by the last preceding section shall be voted by a district meeting, it shall be the duty of said Board, if possible, to borrow the money so directed to be procured, by loan, and on the timtle directed by said district meeting; and for this purpose a bond may be made in the name of said district, signed by the Secretary, and countersigned by the President, and delivered to the 68 {AW OF'riii lender, providing for the payment of the sum borrowed, and such rate of interest as shall be agreed on, not exceeding ten per centum per annum, and a statement of any sum directed by said district meeting to) be raised by tax, shall be filed with the Recorder of said city within the same time as the statement of moneys voted bv said Board is required to be filed, and on the fling of the same, the same proceedings shall be had -t'nd taken to collect the same as is by section ten of this act act authorized to collect the moneys voted by said Board, and said section, as to the collection and paying over the moneys, directed by said Board to be raised by tax, shall apply to the collecting and paying over of the moneys voted by said district meeting, to be raised by tax. houshsitel- SEc. 13. It shall be the duty of said Board to imhouse sites, etc. etc. prove and ornament the sites for such school-houses as it shall deem proper and expedient, and adopt plans of school-houses to be erected, and to erect the same and furnish them in such manner, as in the judgement of said Board will best subserve the purposes of their erection. Distric-t SEC. 14. Said Board shall establish a district library library. for the use of the schools in said district, and for the in.-.~ L crease of the same, shall appropriate annually the suni of two hundred dollars of the moneys raised by tax for school purposes; and in addition thereto, all fines col lected for breach of the State or municipal laws within said city, shall be applied for the support of such library. Board a uthorized to SEC. 15. Said Board shall also have full power and make bylaws,ete. authority to make by-laws and ordinances relative to taking the census of all children in said district between the ages of four and eighteen years; relative to making all necessary reports and transmitting the same to the 68 SCHOOL 1,AW OF Til-E CITY OF SAGINAW.' 69 proper officers, as designated by law, so that said city may be entitled to its proportion of the primary school fund; relative to the levying and collecting of rate bills relative to supplying with books, the children who are destitute of the means to procure them; relative to the grading, disciplining and visitation of schools; relative to the course of study and the books to be used in the schools, relative to the appointment of necessary officers and servants in and about said schools, their powers, duties and compensation, including a Superintendent of the schools of said district. SEc. 16. Said Board shall also have power to estab- a i g h schools. lish a high school, and prescribe the course of study for the same, and to grant such certificates of scholarship and Scholarin such form as such Board shall deem proper, to pupils hi completing satisfactorily the said course of study. SEC. 17. Said school district hereby organized, shall intitled to succeed to, and be entitled to demand and receive all e tc, belog i n t o moneys and other rights, of whatsoever nave or nature, preient district. belonging to the present school district in said city, hitherto -known as school district number one, of the City of Saginaw, to the same extent as said last named district could do, if this act had not been passed; and all real and personal property, situate in said city, hitherto belonging to said district, or to school district number one, of the town of Saginaw, now embraced within said city, shall, by the force of this act, become the property of said union school district hereby organized; and all moneys [raised] or being raised by tax, or accrued or accruing to said former district in said city, shall hereby become the money of said union school district, and no tax of said district, or other proceeding, shall be invalidated or affected by the change il the organization of SCHIOOL LAW OlF TlHE said district by means of this act. [Act No. 440, Laws of 1867, page 922.] Liable for SEC. 18. All debts and liabilities of said school disits debts. trict number one, of the City of Saginaw, whether in the form of bonds or other express contracts, or in any other form, and whether liquidated or not, shall become the debts and liabilities of said union school district of the City of Saginaw, to the samne extent as they existed and were valid against said former district; and said union school district hereby organized shall be subject to be sued in the same manner, and all other proper and suit able proceedings against it, may be taken as though it had been the original debtor; and itn no such suit or proceeding shall the defense be urged or allowed that said school district number one was not a valid or ganization, but the said school district number one is hereby declared to have been dily organized, and its or ganization shall be deemed a valid school district, by the name aforesaid, from the date of the act incorporating the said city; to the time when this act shall take effect. Officerso SEc. 19. The trustees aind officers of said school disOffilcers of. trict number one, shall be and they are hereby consti tuted the trustees and officers of said Union School District of the City of Saginaw, and the moderator shall be the president, and the director the secretary of said board, and said trustees and officers shall continue to hold their offices respectively, for the same time as though this act had not been passed, except as modified by the time of holding the annual meetings of said district, it being the intention that the school year shall annually expire on schoolyear. the first Monday of June, and that all terms of office which expire in any year, shall terminate with the school year, on the election and acceptance 70 CITY OlF SAGINAW. 71 of office, of the officers then elected, or at the first meeting of the trustees thereafter. SEc. 20. The Secretary of the Board of Education Secretaryof Board to of the City of Saginaw is directed, and hereby required, make state'n iiment. at least ten and not more than fifteen days before the annual school mieeting of said school district, to be held in the year eighteen hundred and sixty-nine, make out and publish in some newspaper published in the County of Saginaw, a detailed statement of all moneys received and from what sources, and all moneys expended and for what purpose, from the organization of said district, and also submit such statement to the electors of said district at the said school meeting; and in each and every year thereafter, the said Secretary shall, at least ten and not more than fifteen days before the annual school meeting of said district, make out and publish in some news. paper published in the County of Saginaw, a detailed statement of all moneys received, and from what sources, and all moneys expended, and for what purpose, for the expiring year. [Act No. 353, Laws of 1869, page 822.] ( ORDINANCES OF TilE CITY OF SAGINAW. 73 ORDINANCES OF THE CITY OF SAGINAW. (From Laws of 1865, Page 487.) (5953) SICTION 1. lThe People of the State of Michigan enact: That all laws by-laws, regulations, resolutions and ordinances of the Common Council, or of the Board of Trustees, of any incorporated (city or village, in this State, may be read in evidence in all Courts of J ustice, and in all proceedings before any officer, body or board, in which it shall be necessary to refer thereto, either from a record thereof kept by the Clerk or Recorder of such city or village, or from a printed copy thereof, purporting to have been published by authority of 1he Common Council or Board of Trustee, iu a newspaper published in such city or village, orJfrom any volume of ordinances purporting to have been printed by authority of the Cammon Ceouncil, or Board of Trustees of sueh city or village; and such record, certilfied copy, or volume, shall be prima Jacia evidence of tthe existence and Validity of such laws, regulation:s, resolutions, and ordinances, without proof of the enactment, publishing, or any other thing coneerning the same. (C. L. of 1871, page 1711. See also Sec. 79 and 80 of the Charter, page 57.) When the charter of a city provides that the printed volume of the city ordinances shall be evidence, in all Courts, they are placed on the same footing, as regards prootf, as the statutes. (.'apnman vs. People, 19 Mich., 352.', The Ordinances contained in this Book, are printed a.nd pub lished by authority of the Common Council of the City of Saginaw. An Ordinance relative to the apprehension and punish mnent of Drunkards and Disorderly Persons. Be it ordained by the Mayor, Recorder and Aldermen of the City of Saginavw City, in Common Council con vened: SECTION 1. Any person who shall be found intoxi- Intoxiacted persons. cated in ally street or elsewhere, in the City of Saginaw, citv shall on conviction thore(f, before any Justice of the Peace, be punished by a finle not to exceed fifteen dol- eut ih lars, or by imnp.risonment in the common jail of the Fine (Countyt of Saginaw, for a period not exceeding ten days, 0 ORDINANCES01 O' THE Im perison-or by both such finie and imprisonment, in the discretion meait.' of the Justice who shall try the offender, together with the costs of prosecution. Powers and SEC. 2. The Marshal, any Deputy Marshal, or Condu t i es of M ar.sh1, stable of said city may, and it shall be their duty to are&te,., to arerestwithout rest without process any person found in a state of inprocess in certain toxication in said city, and bring him forthwith before a Justice of the Peace;' or in case such arrest be made in the night time, or on Sunday, or in case no Justice of the Peace of said city be found in his office, the officer making the arrest shall convey the person arrested to said common jail, the keepel whereof shall safely keepsuch person there in until he shall be taken away by the same or some other officer possessing similar powers, or until such person shall have remained in jail twenty-four hours, or in case his im prisonment commenced on Sunday, until four o'clock in the afternoon of Monday following. And it shall be the duty of the officer conveying any person to jail under the provisions of this section, within twenty-four hours there after, or in case such person was taken to jail on Satuir day afternoon, or on Sunday, previous to four o'clock in the afternoon of Monday following, to cause sutch person to be brought before a Justice of thre Peace of said city. Oeers t o SEC. 3. It shall be the duty of the officer bringing give notice to City At- any person before a J ustice of the Peace, in pursuance of the provisions of section two of this ordinance, forthwith to give notice thereof to the City Attorney. And upon complaint being made to said Justice in writing, charg ing such person with being found intoxicated in said city, the said Justice shall proceed to inquire into and try such charge, and if it shall appear, by the confession oft the person so charged, or by competent evidence, that such offense has been conmmitted, the said Justice shall 74 0 (,'ITY OF SAGINAW. 75 render judgment in the name of the People of the State of Michigan against such person for such penalty, within the above prescribed limits. as he may judge proportionate to the offense, and shall forthwith issue the appropriate process to carry such judgment into effect. SEc. 4. No person shall, within said city, sell or give Furnishing intoxicaaway spirituous or fermented liquor to any drunkard, or ting liquors to drunkto any person while in a state of intoxication; and any a r d spro hibited. person who shall offend against any provision of this section shall, for each offense, forfeit and pay a fine not to exceed fifty dollars, in the discretion of the Justice who shall try the offender, with the costs of prosecution. SEc. 5. Any person who shall, in the City of Saginaw Persons aid ing in disiCity, make or aid, countenance or assist in making any turbance. riot, disturbance or improper diversion, or who shall be guilty'of any indecent, immoral or disorderly conduct or DondsrcdterlY language, or of. any assault or battery, or other breach etc. of the peace, and all persons who shall collect in crowds, in said city, for any unlawful purpose, shall for each offense forfeit and pay a fine, in the discretion of the Penalty. Justice who shall try the offender, not to exceed one hundred dollars, with costs of prosecution. SEc. 6. It shall be the duty of the Marshal, Deputy Du ty of Marshal, Marshals and Constables of the City of Saginaw City to tc., to i ~ rest offendarrest, without process, any person found offending against ers without process. any provision of the fifth section of this ordinance, and bring him forthwith before a Justice of the Peace in said city, or in case such arrest be made in the night time, or on Sunday, or in case no Justice of the Peace in said city be found in his office, the officer making the arrest shall convey the person so arrested to said common jail, the keeper whereof shall safely keep such person therein until he shall be taken away by the same or somne other officer possessing similar powers, or until such person shall have remained in jail twenty-four hours, or in case his imprisonment commenced on Saturday afternoon, orI on Sunday, until four o'clock in the afternoon of Monday following. And it shall be the duty of the officer conveying any person to jail, under the provision of this section, within twenty-four hours thereafter, or in case such person was taken to jail on Saturday afternoon, or on Sunday, previous to four o'clock in the afternoon of Monday following, to cause such person to be brought before a Justice of the Peace of said city. And whenever any person shall be brought before a Justice of the Peace under the provisions of this section, such further proceedings shall be thereupon had as prescribed in section three of this ordinance in respect to persons arrested in a state of intoxication. Adotped May 1, 1857. GARDNER D. WILLIAMS, Mayor. C. GARRETT, Recorder. [Journal of Common Council, May 13, 1857, page 14; Record Ordinance Book, page 12.] An Ordinarce relative to closing stores and shops, and the sale of intoxicating or spirituous liquors on the Sabbath. Be it ordained by the Mayor, Recorder and Aldermen, of the (ity of kqaginaw'City, in Common Council con vened: B uil ings SECTION 1. No person shall keep open any store, for sale of iftoxiacting shop or building of any kind, in this city, on the first liquors to be closed ol dav of the week, for the sale of any spirituous or intoxiSunday. cating liquors, or any mixed liquors, a part of which is spirituous or intoxicating, or any beer, wine or cider that no person shall, on the first day of the week, sell .ORDINANCE.,i Ol' THE 76 CITY OF SAGINAW. within said city, directly or indirectly, or give away or furnish to any person or persons any spirituous or intoxicating, liquois, or any mixed liquors, a part of which is spirituous or intoxicating, or any beer, wine or cider. SEc. 2. If any person, by himself; his clerk, agent or Penalty for servant, shall directly or indirectly keep open any store, iolation o f servant, shall directly or indirectly kep oe n tre,peegedinag shop or building of any kind in this city, on the first section day of the week, for the sale of any spirituous or intoxicating liquors, or any mixed liquors, a part of which is spirituous or intoxicating, or any beer, wine or cider, or shall within said city, on the first day of the week, sell directly or indirectly, or give away or furnish to any person or persons any sp)irituous or intoxicating liquors, or mixed liquors, any part of which is spirituous or intoxicating, or any wine, beer or cider, he shall forfeit and pay, on the first conviction, the sum of ten dollars and the cost of suit or prosecution, and shall be at once committed to the commnon jail of Saginaw County until the same shall be paid, proided that the term of impl)risonment shall not exceed thirty days, and on the second and every subsequent conviction for the like offense, he shall forfeit and pay the sumN of twenty dollars and the cost of piosecution, and shall be committed as aforesaid until the same is paid, provided the term of irlmprisonment shall not exceed the term of thirty days. Adopted August 17, 1857. GARDNER D. WILLIAMS, Mayor. COE GARRETT, Recorder. [Journal of 1857, page 49. Proof of pIublication, rec. Ord. Bk., p. 9)5.] 77 78 ORI)INA~S ~'ril An Ordinance relative to Nuisances. It is hereby ordained by the Common Council of the City of Saginaw as follows: Nuisances SECTION 1. No person or persons, within the limits prohibited. of this city, shall permit or suffer on his or their prem ises, or on any premises of which he, she or they may be occupants, any nuisance; nor shall he, she or they ex ercise any calling or trade which is unwholesome or offensive, by which a nuisance shall be created by offen sive and noisome stenches or otherwise, which shall or may become offensive or dangerous to the neighborhood or travelers, or which may endanger the neighboring buildings by any liability from fire or fires used on his, her or their premises. Offensive SEc. 2. No person shall deposit, or cause to be s u bstances not to be deposited, in any part of said city any dead animal, deposi ted in saidcity. or any animal, vegetable, or other substance which is offensive, or which by process of decomposition may be come offensive, unless the same shall be buried at least three feet below the surface of the ground. Keeping of SEc. 3. No person shall erect, or maintain a pen for swine. th)e confinement or keeping of swine within fifty feet of the line of any street, within the limits of the city. [See Journal No. 4, page 414, of April 1st, 1875.] N uibatedo Sc. 4. Whenever any nuisance shall be found to exhow abated. ist in any part of said city, the Common Council may, by resolution, cause the same to be abated or removed at the expense of the person creating the same, or permit ting the same to remain. MdUtis.hals SEC. 5. It shall be the duty of the Marshal to cause any nuisance to be abated or removed when thereto di rected by the Common Council. 78 ORDINAINCES OF THE CITY O[ SAG[~AW. 79 SEc. 6. Whoever shall violate any of the preceding Peenalt for y t5 ~~~~~violation. sections of this ordinance shall be liable to pay a fine not less than three dollars nor more than fifty dollars upon conviction thereof. SEc. 7. All ordinanices, or parts of ordinances, here- Ordinances repealed. tofore passed by the Common Council of this city, contravening, the provisions of this ordinance, be and the same are hereby repealed. Adopted May 14, 1859. G. W. BULLOCK, Mayor. H. L. MILLER, Recordel. [Record Ordinance Book, page 15] An Ordinance relative to obstructions in the streets, and nuisances. It is hereby ordained by the Common Council of the City of Saginaw, as jfollows: SECTION 1. No person shall leave any wagon, cart, Prohibited. carriage, sleigh, or other vehicle, standing or remaining in any of the puclic streets of the city, the same not being in use at the timnle, under a penalty not exceeding renalty. ten dollars and the costs of prosecution for each offense. SEc. 2. No person shall leave any horse or horses in Penalty any of the public streets of said city, without being sufficiently tied, under a p)enalty not exceeding five dollars and costs for each offense. 0 bstru SEc. 3. No person shall place, or cause to be placed, istirOn in streets proany stone, brick, timber, lumber, planks, boards, or other hibited. materials, in or upon any of the public streets, lanes or alleys of said city, unless for the purpose of building, and for that purpose only f)r a period of time not exceeding thirty days, without leave obtained from the 5 β€” 79 CITY OF SAG.INAW. ORD1INANCES OF THE Exception. Mayor or Common Council, and atny person offen(ling Section. against any provision of this section shall pay for'eachl offense a penalty not exceeding fifty dollars and costs of prosecution. uG t te r s, etc, not to SEC. 4. No person building shall, without permisbe obstrect-~ cei. sion of the Common Council, obstruct, or cause to be obstructed, any gutter or sidewalk, or more than one quarter of the carriage-way of said street opposite the lot owned by such person, or on which he is building, under a penilty iot exceeding twenty-five dollars, and a Pen alty. further penalty of five dollars for every forty-eight hours that such gutter, sidewalk or street shall afterwards re mrnain- so obstructed. Building SEC. 5. Immediately after the completion of any buildmaterials to be, removed. irlg, or within the period of thirty days afo)resaid, if such building be not completed, (iunless otherwise permitted by the Mayor or Common Council,) all building materials and rubbish arising therefrom shall be removed from the street, and every person offending in the premises shall Penalty. be liable to pay a penalty not exceeding five dollars for every forty-eight hours such material or rubbish shall be or remain in sulch street after the time limited aforesaidl, with costs. D u t y of SEC. 6. It shall be the duty of every owner or occUowner or oc- pant of any house, or other building or premises in the cupant o f z lots. City of Saginaw, at all times 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, and every person who'shall neglect such duty shall be liable to a Penalty. penalty of not exceed(ling ten dollars and costs for each offense. 80 (CITY OF SAGINAWV. 81 SEC. 7. No person shall cast or throw, or cause or bi1o permit to be thrown, into any drain, sewer or gutter in sewers said city, ally straw, shavings, wood, stones, rubbish, or any other filth or other substance, or cause any obstruction, nuisance or injury in or to the same by diverting or stopping the water-course thereof, or otherwise, under Penalty. a penalty not exceeding ten dollars and costs for each offense. SEc. 8. No person shall throw, place or deposit, or Nuisances in s t r eets, suffer his or her servant, child or falnily to throw, place etc. or deposit any dung, dead animal, carrion, putrid meat or fish, uentrails or decayed vegetables, or nuisance of any kind, nor knowingly suffer the same to remain in any street, lane or alley of said city adjacent to his, her or Penalty. their premises, and any person who shall violate any of the provisions of this section shall forfeit and pay a fine not exceeding ten dollars and costs of prosecution for each offense. Ob str u c SEC. 9. It shall not be lawful for any person to leave t t oI s eti. streets, etc. any wagon, cart, carriage or sleigh, wood, timber, or any other encumbrance or obstruction, in any of the streets, lanes or alleys of the said city during the night time, and every person offending herein shall forfeit and pay a Penalty. fine not exceeding twenty dollars and costs of prosecution for each offense, and it shall be the duty of the Street Commissioner to remove all such obstructions at the expense of the person creating or causing the same. SEC. 10. No p)ersorl or persons shall run or race anv R a c in g v horses prohorse or horses, or drive any carriage or vehicle of any hibited. kind, within the limits of said city, at a faster rate than at the rate of six miles per hour, under a penalty not ex- Penalty. ceeding twenty dollars and costs for each offense. 82 ORDINANCES 014 I'HE Remo,-ing. N. eoi 1 etng, SEC. 11. No person shall, unless authorized specially from streets etc., p r ots by the Common Council, dig, rernove, or carry away any hibited., eorcryaaan earth, loam, gravel, stone or sand from any street, lane or alley or public ground in the City of Saginaw, under Penalty. a penalty for each offense not exceeding fifty d(ollars, with costs of prosecution. SEC. 12. No person shall leave, or keep for any longer Teams, etc., ontto stand time than is necessary to cross the same, any horse, team, On C r1o it s walks. cart, wagon, dray, sleigh ori other vehicle, on any cross walk in any street or alley in said city, under a penalty nalty. for eachi offense not exceeding twenty dollars and costs of prosecution. SEC. 13. No person shall knowintgly permit or suffer Ob st r ue C his property to be or remain in any street o-alley of said stri enes,etie,, city so as to become a nuisance, under a penalty for each not to be permitted. offense not exceeding twenty-five dollars and costs of Plt prosecution, together with the expense of removing such nuisance. SEC. 14. No person shall place, or cause to be placed, to, on any street or upon any sidewalk in this city any box, bn barrel, article of merchandise. or any other obstruction .whatsoever, except so far as the sampe may be necessary in transporting such articles across the sidewalks, under a penalty for each offense not exceeding ten dollars and costs of prosecution. Penalty. SEc. 15. The Street Commissioner of this city is hereby directed and required to see that the provisions Stree. Commisesioner of this ordinance are carried into effect, and to give t o enforce t his ordi- notice to the City Attorney of all violations thereof. nanee. Street Corn- SEC. 16. It shall be the duty of the Street Commismissioner's duties. sioner, upon knowledge or inforrmation that anv sidewalk CITY OF SAGINAWV. in the city is obstructed or encumbered, to request the occupant or occupants of the lot or premises in front of which-such obstruction or encumbrance exists to remove it, and every such occupant neglecting to comply with such requisition shall, for every twenty-four hours of such neglet, be subject to a penalty not exceeding five dollars and costs of prosecution. It shall be the duty of the Street Commissioner to remove all obstructions from the sidewalks in front of all unoccupied lots or premises. The above restrictions shall not extend to posts for awn- Penalt ings, shade trees, or the boxes to protect them, which are now standing, or nmay be hereafter set without a violation of any by-law or ordinance of said city, nor to ladders necessarily used in building or repairing buildings, nor be construed to affect the ingress ol egress to and from the vards of houses and buildings across said sidewalks. 83 SEc. 17. Except for the purpose of ingress or egress, no person shall drive, ride or lead any horse, cart or car- T respas on sidewalks, riage on any sidewalk within the city, or remove, take etc. up, or otherwise injure any such sidewalk, or any part thereof; or any crosswalk, under penalty not Penalty. exceeding twenty dollars for each offense, and being liable to repair and make good all damages caused by him, and if the party offending in the premises shall neglect to have the same repaired within twenty-four hours after the damages done, it shall be the duty of the Street Commissioner of the city to repair such damages, D u t y of Stree comrnand the expense attendant thereon shall be recovered of missioner. the party offending in the same manner as the said penalty. Ordinances SEC. 18. All ordinances, or parts of ordinances, here- repealed. tofore passed by the Common Council of this citv, con ORDINANCES OF'TIlE travening the provisions of this same are hereby repealed. Adopted April 26, 1865. STEWART B. A. F. R. BRALEY, Recorder. [Record Ordinance Book, page ordinance, be and the WILLIAMS Mayor. An Ordinance relative to nuisances It is hereby ordained by the Commnon Council of the City of Saginaw: Nuisances SECTION 1. Trhat no person shall deposit, or cause to prohibited. prohibited. be deposited, any dead animal, fish, or putrid( meat, ern trails, shells of oysters or clams, decayed fruit or vege tables, or any other offensive substance, in or upon any public street, square or alley, or on the surface of the ground in any lot, or in the Saginaw River, or on the banks or shores thereof, or upon or under any dock or wharf in the City of Saginaw, or suffer or permit any stagnant or filthy water, or putrid or unwholesomne meat, decayed fruit or vegetable, or other filthy or offensive substance; to remain on his or her lot, or in his or her house, or other building, or cellar, or in or upon any Pe-naty. boat or vessel in the Saginaw River within said city, under a penalty of not exceeding twenty-five dollars for each offense, and the expense and charges which shall be incurred by said city in removing or abating such nui sance. SEc. 2. The Board of Health of said city, or any BIo a.rd of Hiealth and member thereof, or any person appointed by said Board, other orfoer m a y or the City Marshal, or Street Comlmissioner, or either enter an y premises toat tm1 abate n u i- of them, mnay at any time enter into or upon any house, 'sance. building, cellar, boat, lot, or other place within said city, and remove or abate such nuisance as he or they may 84 CITY OF SAGINAW. judge best; and if at any time any lot, yard, building, cellar, alley, sink, draLin, vault or privy, within said city, is found by siich officers or persons, or either of them, to be foul, encumbered with rubbish, clamp, sunken, or illcondudcted, or to contain any filth, or other offensive substance or rnuisanlce, lhe or they shall have power, and it Powers and dutie3 of shall be the duty of such officers, officer or person, to di- certain offl cers toabate rect the removal of all such matter, filth, rubbish, or nuisances offensive substance, or the cleaning oi- reiepairing of any cellar, drain, vault, pi-ivy, stable, pig-sty or yard upon suchl lot or premises, by the owner or occupant thereof, within twenty-fonu hours thereaifter; any person who shall refuse or neglect to comply with such direction, after such notice as aforesaid, shall, upon conviction Penalty for thereof, be punished }b)y fine not exceeding twenty-five refusing to abate n u idollars, or by inmprisonment not exceeding twenty-five sances. dlays, or' by both such fine and imprisonment for each and every twenty-four hours the same shall be suiffered to remain aftei- such notice(. Offens iv e SEc. 3. No I)ersoii shall cast or throw, or suffer to water, run from his or her house,, lot or I)emises, into any ru -n a n aci nn hos, lot or p-mssm street, lane or alley, or upon any adjoining house, lot or premises, any stinking, noxious, imptre, offensive or unWhIOileSoie water, substance or thing, and any person violating the provisions of this section shall be punished by a fine not exceeding twenty-five dollars, or by im)prisonment not exceeding twenrty-five dlays. SEc. 4. No brewer, salt manufacturer, dyer, soap Refusefrom maflufatCmanufacturer-, tanner, or other person, shall cast or tories,,C throw, or suffer the water or other substance, in a flowing state, firom his, her ior their mnanufacturing houses or establishmients, to r-tin into and up)on the surface of any street, alley or public place, or upon any adjoining 85 ~~86 ORDINAN('ES OF TIIE Penalty. lot or premises, and any person violating the provisions of this section shall be punished by a fine not exceeding twenty-five dollars, or by imprisonment not exceeding twenty-five days. Meat mark- SEC. 5. Every butcher or other person occupying any ets and z sltaughter slaughter-house in said city shall, on every day on which houses to be cleansed. an animal. shall be killed or dressed theiein, between the first day of May and the first (lay of November in each year, cause the same to be thoroughly washed and cleansed, and shall, immediately after killing any animal, oitll. hd e, destroy the offal, garbage and other offensive and useless disposed ot. II parts thereof; or cause the same to be removed to such place as may be designated by the Common Council, and there disposed of as such Common Council may direct. Penalty. Any person violating, the provisions of this section shall be punished by a fine not exceeding twenty-five dol lars, or by impl)risonment not exceeding twenty-five days. Suaseughtero SEC. 6. No person shall build, mnake or use, or per houses~~~' ouspro. hibit e within the mit to be built, made or used, any slaiiughtei-house or city limits, except by building for the slaughtering or dressing of animials p e r mission of Common within said city, without permission fom the Cornmon Council. Council. Every butcher, or other person, whose business shall be wholly or in part the selling of fresh mneat Meat mark- within said city, shall keep the inside of his locker, and the ets to be kept clean. tables and the blocks and the floor of his shop or market clean and free from filth and dirt. No person shall Slaughter- slaughter any hog, beeve, calf; sheep or lamb, or render ing prohibited within any lard or tallow, or boil any bones or parts of animnals certain periods,without not used for food, between the first day of May and the license. first day of December in each year, within the city limits, without a license from the Commion Council of said city. Any person violating the provisions of this P enalty. - section shall be punished by a -fine not exceeding- twenty 0 CITY 01' SAGINAW. 87 five dollars, or by imprisonment not exceeding twentyfive days, or both such fine or imprisonment. SEC. 7. It shall be the duty of the several members DeUtbes of .members of of the Board of Health, and of the Marshal and Street oBealt. f Commissionel-, to enforce the provisions of this ordinance, and to make complaint for any violation which shall come to their knowledge, betobre the Recorder or some Justice of the Peace of said city. 0 r dinances SEc. 8. All ordinances, or parts of ordinances, con- repealed. traveninig the provisions of this ordinance, are hereby repealed. Adopted April 17th, 1866. WM. M. MILLER, Mayor. A. F. R. BRALEY, Recorder. [Record Ordinance Book, page 3J.] An Ordinance concerning pounds, animals impounded, *' aand the duties of poitudmasters. It is hereby ordained by thIe Common Council of the City of Saginaw, as fDllows: SECTION 1. There shall be one or more public pounds Pounds. in the said city, in such place or places as the Common Council shall designate and pIrovide. SEC. 2. The Common Council of said city shall ap- Poundmas te a ppoint one or more poundmasters in and for said city, who pointeda b y Commn shall hold their office during the pleasure of said Com- C0mumi1. mon Council, who shall take and file the oath of office and shall give bonds to the city in the sum of one hundred Bond. dollars, with one or more sureties, to be approvedby the Mayor or Recorder of said city, conditioned to pay to the City Treasurer all moneys that shall come into his ORDINAN('ES O 1'IItE hands as p)undmaster, excepting his fees allowed hiri by this ordinance. Arnimbalds SEC. 3. No cattle, horses, asses, mules, swine, sheep, p r o hibited from ru nnfrinm gruant goats, geese, or domestic fowls, shall run at large in the large. streets, or elsewhere, within the limits of the City of SagProviso. inaw. Provided, That it shall be lawful for cows and calves to run at large therein between the first day of April E xcep ted and the first day of D)ecenmber in each year, except within limits withill whih the following described limits, viz: All that part of cows are prohibite,l the city bounded as follows: on the easterly side by the trom runniing in the Saginaw PRiver, on the southerly side bv Jackson street, n'ht tine. on the westeirly side by Bond street, and on the northerly side by Farley street. - And it shall be lawful for cows to run at large within said excepted limits during the day time (between the hours of five o'clock in the foine noon, and nine o'clock in the afternoon), from the first day of April to the first day of D)ecember in each year. As amended April 15th, 1875. [Record Ordinance Book, pae, J17i.] Animals to> SEC. 4. Any horises., cattle, asses, mules, swine, be impound.ie.un sheep, goats, geese, or domestic fowl, except as herein before provided, running at large within said city limits each and every of them may be imnpounded in said pub lic poiunds. WVho may SEC..5. All persons, except minors under the age of ikmpound ~i,Piaono eighteen years, nmay take up and drive to thie p)ublic pound, any of the animnals mentioned in the preceding section found so running at large. P ou n erd SEC. 6. It shall be the duty of the'llund-keepers to keeper S to duties. receive and safely keep and sustain in the public pounds any of said animals so as aforesaid taken up and driven to said pounds. 88 CITY OF SAGINAW. 89 SEC. 7. It shall be the duty of the pound-keepers to o0k f '' ~~~~~~~~~~~~~~~~~~~registry. register in a book, to be kept for that purpose, the time when any animal was received into the public pound, the name and residence of the person by whom said animal was taken up, and the place where said animal was Sustenance to be pro ride to n found running at large. He shall provide necessary sus- dit mialmtenatce for all animals impounded, and shall sell at pounded. U claimed public auction, on Wednesdays and Saturdays of each anSimals to be sold. week, any animal which has been impounded in said pound seven days, and is unclaimed by any person, or whose owner refuses to pay the fees, costs, and charges of impounding and keeping said animal, first giving, five days previous, written or printed notice of the sale of Notiees of ~' ~~~~~~~~~~~~~~~~~~~~~~sale. said animals, which notice shall state, as near as may be, a description of said animal, the person by whom and the place where it was taken up, and the time when it was impounded, which notice shall be posted in four different public places in said city, and to be posted at the post office and on the front door of the Court House in said city, and such sale shall be held at the public pound. SEC. S. Any person owning any animal impounded owner of f animal may in the public pounds may redeem said animal any time redeem. before it is sold, by paying to the pound-keeper the costs, charges and fees hereinafter provided, and by proving to the satisfaction of the pound- keeper the ownership of said animal. SEC. 9. Pound-keepers shall exact and receive for Fees o f pound keephis or their fees, in receiving and discharging, or selling ers. epevery horse, ass mule, and for each head of cattle, seventy-five cents; for each swine, sheep, or goat, fifty cents; and for each goose or domestic fowl, the sum of ten cents; and for the sustenance of each head of cattle, ORDINAN(,ES OF'rIlE each horse, ass or mule, seventy-five cents per day; foir the sustenance of each swine, sheep or goat, thirty-five cents per day; and for the sustenance of each goose or domestic fowl, twenty cents per day; and for taking up any of the said animals af()resaid, he shall receive the sum of twenty-five cents for each animal, excel)t geese and domestic fowls, and for each of them the sumn of five cents. Proceeds of SEC. 10. All the moneys received by thie poundsale of animals. to be keepers, by virtue of this ordinance, for animals sold by Treasurer. him, after deducting therefrom the fees and charges for sustenance, shall be promptly paid by him 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 ex penses due to him on account of any animial which may be impounded. SEC. 11. If said pound-keeper si)all refuse to receive Violation of duty by into the public pound and keep therein any animal pound keepers, how pislhedo. which may be legally impo(unded therein, or if he shall re ceive into and keep in the pound, or sell as pound-keeper, or receive any fees, costs or charges fo)r any animal not legally liable to be imnpoutnde(d, he shlall, on conviction thereof, be punished by a fine not exceeding twenty dol lars, or fifteen days' imprisonment in the county jail. SEc. 12. If any person shall take up and drive to ment foril- the public pounds any animal not legally liable to be legally impounding impounded therein he or they shall, on convsiction, be animals. punished by a fine of five dollars for each and esvery offense. Obstructing SEC. 13. Each and every person who shall hinder, the imp,unding,)f delay or obstruct any person or persons in driving to the ani mals, bho w pun- pound any animal or animals, beast or beasts, liable to i:;hed. - 90 CITY OF SAGINAW. be impounded in the city pounds, shall, for each and every hindrance, delay or obstruction, and for each and every person delayed, upon conviction, pay a fine of not less than five nor more than twenty dollars. SEC. 14. If any person or persons shall break open, Breaking open of or in any manner, directly or indirectly, aid or assist in pound, how punished. breaking open any city pounds, said person or persons shall severally, on conviction thereof before the Recorder's Court, or before any Justice of the Peace of said city, be punished by a fine not exceeding fifty dollars and costs of prosecution, and imprisonment in the county jail for a period not exceeding sixty days, or either, in the discretion of the court trying the same. SEC. 15. Any person authorized by this ordinance, ees for impounding taking to said pound any animal or animals, herein pro- animals. hibited from running at large, shall receive from said poutnd-keeper, after the said animals have been sold or redeemed as aforesaid, the sum of fifty cents for each of said animals, except geese and domestic fowls, and for each goose and domestic fowl the sum of ten cents. SEC. 16. Every owner or possessor of any horse, neat Permitting animals t cattle, or other animal liable to be impounded, who shall runoatlarge, how punpermit the same to run at large within the limits of said ished City of Saginaw contrary to the provisions of this ordinance, shall, upon conviction thereof, pay a fine for each offense not exceeding the sum of twenty-five dollars and the costs of prosecution, and imprisonment in the county jail'not exceeding twenty days, or both or either, 'in the discretion of the court trying the same. SEC. 17. The Street Commnissioner of said city shall Duties of Streat Com miss3 i o n e r have and exercise the same powers, duties and privileges, ms fe n c r viewer. and be subject to the same restrictions and penalties as ver the laws of this State prescribe relative to fence viewers. 91 92 ORDINANCES OF'IlE repdinances SEC. 18. All ordinances, or parts of ordinances, hererepealed. tofore passed by the Common Council, contravening the provisions of this ordinance, be anid the same are hereby repealed. Passed April 26th, 1865. STEWART B. WILLIAMS, Mayor A. F. R. BRALEY, Recorder. [Record Ordinance Book, page?0.] An ordinance relative to excavations in the streets and public grounds of the City of Saginaw. It is hereby ordained by the Commnon Council of the City of Saginaw: ohibi- SECTION 1. That no person or persons shall make or Prohibitions. dig, or cause to be made or dug, any ditch, drain, sewer, or any excavation whatever, in any of the streets, lanes, alleys or public grounds, or remove any l)lank, pave ment or other improvement in the streets, lanes, alleys, or public grounds of' said city, without having first ob tained permission therefor by ordinance or resolution of the said Common Council. Prohibi- SEc. 2. No person or persons shall make or dig, or lionS. cause to be made or dug, any ditch, drain, sewer, or any excavation whatever, in any of the streets, lanes, alleys, or public grounds, or adjacent to any streets, lanes7 alleys or public grounds of said city, without, inmmedi ately upon commencement of such excavation, placing and maintaining proper and sufficient safeguards about and around such ditch, drain, sewer or excavation. Penalty. SEC. 3. Any person or persons violating any of the provisions of this ordinance shall, upon conviction, pay a fine not exceeding fifty dollars, and the costs of prose CIl'Y OF SAGINAW. cution, or be imprisoned in the county jail of Saginaw County not exceeding sixty days, in the discretion of the court or magistrate before whom such offender may be convicted, or such court may, in its discretion, impose both such fine and imprisonment. SEC. 4. It shall be the duty of the Street Commis- D ut y 0 f Street Comsioner and the Marshal, and each of them, strictly to mnisdsMIonaerr enforce the provisions of this ordinance. sh. renforce the provisions of this ordinance. sbal. 0 r dinances SEC. 5. Any ordinance, or ordinances, heretofore repealed. passed, contraveniing any portion of this ordinance, are hereby repealed. Adopted October 6, 1868. A. F. R. BRALEY, Mayor. JOHN B. SCHICK, Recorder. [Record Ordinance Book, page 92.] An Ordinance relative to licensitg draymen and others. It is hereby ordained by the Common Council of the City of Skaginaw: SECTION 1. That no person shall ply any cart, dray, quired. wagon, truck, or other vehicle, within the limits of said city, for hire, without a license. Suc. 2. No person who has not resided in said city qsuolirIat least three months shall be licensed as a cartman, e. drayman, truckman or wagoner, without the special consent of the Common Council, but any person who has resided in said city three months or more, and who shall be deemed by the Mayor, Recorder, or Common Council a proper person, may obtain such license from the Re Fees fo r licorder by first paying the City Treasurer the following senses. 93 O ORD[NA-NCES OF'I' HE fees, viz For each one-horse vehicle $3, and for each two-horse vehicle $5, and presenting his receipt therefor, acense nabot SEC. 3. No person licensed under this ordinance shall assignable. assign his license, or permit any other person to drive his wagon, cart, dray, truck, or other vehicle, without permission of the Mayor, Recorder or Comnion Council, Vehicle to and every such person shall cause the number of his be n mbered. license to be conspicuously and distinctly painted upon each side of said cart, dray, wagon, or other vehicle. Draying, SEC. 4. The price to be demanded and received by FZcd. persons licensed as aforesaid shall not exceed twenty-five cents for each load, unless drawn more than one mile, Proviso. when ten cents per mile may be added: Provided, That the price for removing each load of household furniture from one dwelling house to another shall not exceed forty cents, and no greater sium per load shall be asked, demanded or received, unless by previous agree ment. License SEC. 5. The Mayor, Recorder (-)r Common Council miay be revoked. may at any time revoke any such license for such cause as he or they may deeni sufficient, and no person whose license is so revoked shall be entitled to hold a license within twelve months from the date of such revocation, without the special permission of the Common Council. Stand fo r SEC. 6. All carts, wagons, drays, trucks, and other '[noccupied ,rays, etc. vehicles, used for the transportation of goods and pro perty, plying for hire within the limits of the city, shall, while waiting for employment, occupy the following stand, and no other, viz: At the foot of Court street, on the easterly side of Water street, and wholly on the river side of the sidewalk on that side of Water street. The driver of any such vehicle shall while waiting fobr employment, remain upon or by his said vehicle, and 94 CITY k)F SAUINAW. 95~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ such vehicle shall stand in a line parallel with the course of said Court street. [Journal No. 3, page 334, Oct. 6th, 1870.] SEc. 7. Any violation of the provisions of this ordi- Penalty. nance shall be punished by a fine not exceeding fifty dollars, or an imprisonment not exceeding three months, or both such fine and imprisonment, in the discretion of the court. SEc. 8. All licenses granted under this ordinance T i m e lishall expire on the first Monday in July next ensuing pires. the date thereof Adopted July 5, 1865. STEWART B. WILLIAMS, Mayor. A. F. R. BRALEY, Recorder. [Record Ordinance Book, page 49.] An Ordinance to provide for licensing hawkers, ped dlers and auctioneers. It is hereby ordained by the Common Council of the City of S(Iginaw: SECTION 1. That no person shall travel from place to Peddlers to obtain liplace, in the city of Saginaw, for the purpose of carry-cense. ing to sell, or exposing for sale, any goods, wares, or merchandise, unless he shall have obtained a license as a hawker and peddler in the manner hereinafter described. SEc. 2. No person shall sell any goods, wares or S al e o f goods at mnerchandise at auction, within said city, except he be a autio pro hibi ted Circuit Court Commissioner, Sheriff, Treasurer, Marshal, Withe.t Constable, or other person, acting under an order, decree, judgment or execution of a court, or an assignee of an CITY OF SAGINAW. 95 ORDINANCES OF( THIS insolvent residing in said city, without first having taken out a license, as hereinafter provided, as an auctioneer. Resident i- SEC. 3. No resident of said city shall he entitled to eense. a license as a hawker and peddler, or as a hawker or peddler, until he shall have paid into the city treasury Amount of. the sum of one hundred dollars, nor as auctioneer until he shall have paid into the city treasury the sum of d~intlic'rnie fifteen dollars. And no person who is not a resident of denit license ff said city shall be entitled to a license as a hawker and peddler, or as a hawker, peddler, or auctioneer, until he shall have paid into the city treasury the sum of two hundred dollars, and the term of a license of a non resident of said city, under this ordinance, shall not Farm pro- exceed three months: Provided, Cowever, That the duce and a r t i c 1 e s provisiens of this ordinance shall not apply to ainy peimade in the city. No son who only peddles farm produce, nor to any resident license requiredi. of said city who peddles only articles wholly or princi pally of his own manufacture or production, nor to any person employed by a resident of said city to peddle articles wholly or princil)ally manufactured or produced by such resident employer. [Record Ordinance Book, page 170, March 19th, 1874.] Recorder to issue license SEC. 4. Upon the presentation to the Recordler, by any person desiring a license as a hawker and peddler, or auctioneer, of an application in writing for such license, signed by the applicant, and the receipt of the City Treasurer, showing the paymnent of the sum required therefor, and upon payment of a fee of one dollar to the Recorder, he shall issue a license to such person in ac cordance with his application, under his hand and the seal of said city, which license, except as hereinbefore provided, shall continue in force and authorize such per_ 96 CITY OF SAGINAW. 97 son to carry-on the business therein mentioned for the term of one year next ensuing the date thereof; unless sooner revoked. SEC. 5. This ordinance shall not be construed to pre- Farm pro duce exvent the sale of farm produce or fish within the limits cepted. of said city. SEc. 6. Any person who shall be convicted of the Penalty. violation of any provision of this ordinance, shall be punished by a fine of not less than one hundred dollars and not more than three hundred dollars, and costs of prosecution; and the court before whom any person shall be convicted under this ordinance shall make a further sentence that the person so convicted be confined in the Sa,inaw C(ounty jail until such fine' and costs shall be paid, but such confinement shall not exceed ninety (90) days. And it shall be the duty of the Marshal, Dut yalf M rh al, D)eputy Marshal, and each l)oliceman and constable of said etc. city, to arrest without process any person who shall be found by them or either of them, within the limits of said city, carryingi on the business of a hawker, peddler or auctioneer, without a license, and to convey the person so arreste(dl forthwith before the Recorder or some Justice of the Peace of said city, and then to make a complaint against such person. [Record Ordinance Book, page 170, Marc7i J9t, A874.] Adopted April 22d1, 1867. A. F. R. BRALEY, Mayor. ROBERT MCQUEEN, Recorder. [Record Ordinance Book, page 61.] ORTDINANCES OF tilE An Ordinance in relatio" to the buryyig grou?nd. Be it ordained by the Mayor, Recorder and.Alderm?en, of the City of Saginaw City, in Coinaon CouIcil con vened: Sexton, du- SECTION 1. It shall be the duty of the Sexton of ties of. said Saginaw City at all times when called lup)on, to dig all graves in the burial ground of said city, and shall take the entire supervision of said groun(l, andi shall. see that the fences are kept in tel)mir, an(l that ail gates, thi-(oli,gh which teams may pass, ai-ce at,ll tinmes kel)t secli-(ely locked, when not oI)ened l)y himself, o(r hy Ihis )ermllis sion, for the purpose of illg -ress ur evoes.s of l)nrii l)ro cessions. Diging of SEC. 2. No person shall dig any gI-ave in the burial graves pro cept bied ex- ground of this city, unless permitted to do so bv the Sexcept by per-ciy mission. >* ton of said city. No person or pI)e sons shall at any time, or under any pretense whatsoever, (except the Sexton,) Ufi n sten' unlock, or break the fastenings of any gate or ga,tes, or ling ceme- tery gate. in any manner injure the samire, OI move, deface or break the fence of said grouind io any trees beloiging tliereto. Penalty for SEC. 3. Any person or persons that shall violate any violation of p r e c eding of the provisions of section two of this ordinance, shall seetio forfeit and pay a sumt not less than three dollars and not more than twenty dollar s. On co m- SEC. 4. Upon the City Attorney- making' colmI)ialint plaint of... City Attor- in writing, charging any person or persons with violatney, duty of. n z JiLtice, etc. ing any of the provisions of section second of this or dinance, it shall be the duty of any Justice of the Peace of said city, to whom such complaint shall be delivered, to forthwith issue his warrant for tlht arrest, imimedli ately, of all persons named in such complaint, and upon 98 CITY OF SA(GINAW. said persons being brought before such Justice, he shall, without delay, proceed to examine into and try the charge made in said complaint, and if he shall find that the person or p)ersons so arrested and brought before him' have violated any of the provisions of said seconfid section of this ordinance, he shall impose such fine as in his Penalty. judgment the nature of the case may require within the afo)resaid limnits, togetlier with the costs of prosecution. Adopted July 31, 1858. GARDNER D. WILLIAMS, Mayor. NEWTON D. LEE, Recorder. [Journal of 1S'S8, page 124. Record Ordinance Book, page 1,~.1 An Ordinance relative to Cemeteries. It is hereby ordained by the Common Council of the City of Saginawi: SECTION 1. The east half of the so-called Battell Location ot cemetery. farm, in the town of Saginaw, county of Saginaw, bounded on one side by the Gratiot State Road, on the other side by the River Road, is hereby declared the city cemetery and pi)rblic burial ground, under the name of "Oakwood Cemetery," and no person or persons, society N yc etmbe ~tery to be or congrlegaltion, shall esial)liih or locate any burying locted in ,round withi ~ ~ ~ ~ ann telmtofthe city. ground within the limits of' the City of Saginaw. No inter SEC. 2. No intermpents shall l)e made in any place mentsto be ~within the limiter of th~made Cit of Saginaw. any within the limiits of' the City of' S~aginaw. o ther place. SEC. 3. The government of said cemetery is intrusted Rlba ard of Trustees, or to a Board of,ix trustees, designated by the name ofcionmers,how Cemetery Commissioners, said trustees to be appointed appointed. out of the freeholders, electors of said city by the Com *:.1.'.:,:,I ~ * ee ~, ~ 99 Io00 ORDINANCE' O)IC TI'flE mon Council at their first regular'meeting in May each year, to serve fo)r the term of three years, and till their T e r m o f successors are appointed and qualified, at tle passage of office. 'this ordnance six to be appointed, two to serve one year, two two years, anJ two three years, aftelwal'(ls two, antd such more as would be necessary to fill vacraneies to be appointed each year. Said tr.ustes not to r-eceive any salaries, emiolumnents or fees for their services. Officers to SEC. 4. Said Cemetery C,ommnission shall elect anbe elected. nuallyv a President, Secrettry and Tireastnier out of their Treasurer number. The Treasutrer shall give such bonds, and with to giv e bond. such sureties, as shall be determiine(d and alI)pro)ved by said Commission: said bond to be (del)o)site(d with the Controller of the City of Saginiaw. Powers and SEC. 5. The Cemetery Commission shall have power, duties of C eo;(mtery and it is their duty to lay out, embellish, I)rotect Commis -I swnrs. and keep) in order said cemetery, establish all necessary rules and regulations, make and repair all fences, roads, walks, alleys, bridges, buildin,gs an( plantings, fix and graduate the priice of the lots fobr sale, appoint anrd re move sextons. and other officei-s, define their duties and regulate their salaries and fees, receive and disbm'rse all moneys granted to them b- the Common Council, or re ceived from sale of lots, audit and allow all the acconnts against said cemetery, keep correct records of all their proceedings, as well as accounts, and keep a register of all lots, the sale of them, and of all interinents. iReport o f SEC. 6. The Cemetery Commission shall make out C e m e tery Coonm mis-a full report of their doings during the preceding year, sion. apd present it, with their balance sheet an(l a statement of what is to be done for the next year, to the Common Council at the first regular meeting in March in every CHY OF SAGINAW. 101~~~~~~~~~~ year, and all moneys shown to be in the hands of the Treasurer by such report shall be subject to the order of the Common Council, to be applied for improvement of the grounds, or the extinguishment of the debt incurred in the purchase of said cemetery grounds. SEc. 7. The Cemetery Commission shall designate Ptotte r's y ~~~~~~~~~~~Field. suitable lots in the city cemetery for the interment of deceased strangers and poor persons. SEc. 8. On application to the Director of the Poor, Poor to be buried a t with satisfactory proof that the deceased left no means expense of with which to pay funeral expenses, the corpse shall be city buried at the expense of the city, and the Director of the Poor shall give an order in writing commanding the city sexton to dig a grave, furnish a suitable coffin, place the body in the coffin when directed, convey the body to the cemetery and decently inter it. For these services and outlays-the sexton shall present his bill to the Common Council, to be audited and allowed by the same. SEC. 9. Any person wishing to purchase a lot in the Purchase of cemetery may do so by paying the Commission such sum lotase.h w as has been fixed for the same, and the Controller of the City of Saginaw is hereby authorized, after receiving a coimtificate from the Commission that said sum has been fully paid, to execute deeds for such lots under the seal of the corporation. SEc. 10.. No person shall obstruct any road, walk or Prohibitory provisions. alley in the cemetery. SEc. 11. No person shall commit any trespass by destroying, injuring or defacing any grave, vault, tombstone, monument, enclosure, building, fence, bridge, seat, tree, flower, shrub, or anything belonging to the cemetery. CITY OF SAGINAW. 101 Vio lations SEC. 12. Any violation, or failure to comply with of this ordifnCioshedW the provisions of this ordinance, shall be punished by a fine not to exceed one hundred dollars and costs, and in the imposition of any such fine and costs, the court may mnake a further sentence, that in default of the payment thereof within a time to be fixed in such sentence, the offender be committed to the county jail fori any p)eriod of time not exceeding six months. SEc. 13. This ordinance shall take effect from and after its passage. Adopted May 19, 1868. A. F. R. BRALEY, Mayor. ROBERT MCQUIEEN, Recorder. [Record Ordinance Book, page 85.] An Ordinance relative to the prevention of fire. It is hereby ordained by the Common Council of the City of Saginaw: Boa r d aof SECTION 1. The fire wardens of the City of Saginaw ]ire Wardren,s. shall constitute a Board, of whom the majority shall be a quorum, for the purpose of considering the most effi cient and prompt means of discharging the duties im posed upon them by the laws and ordinances of this city. Duties o f. They shall choose from their number a chief and cleik, at such time and in such manner as they may designate. The fire wardens shall notice and correct any infractions of the laws and ordinances made for the protection of the city from fire, in their own ward particularly, and in the city generally, and shall make reports by their chief, to Reports be by them respectively chosen, of the state and police made first Mondays of of the city as respects dangers from exposures to fires, Juecembr. on the first Mondays of June and December of each i02' ORDINANCES OF TIlE CI'1T OF SAGINAW. year, to the Common Council; and the Board may im Boardma pose such fines upon the members as in their judgment imposeadraeY may best secure the performance of the duties of said onmemberB fire wardells, both at fires and in visiting buildings, and in other duties in the city, and for non-attendance at retgular and special meetings ef the wardens and disobedience to such rules shall be reported to the Common Council, and shall subject the fire wardens so disobeying to fine and removal by the Common Council. Sec. 2. It shall be the duty of the fire wardens, or Wardens to a examine either of them, in this city, twice in each year, to wit: fire plae.ehr etc., in t~he in the months of May and November, and as much city. oftener as may be deemed proper, between sunrise and sunset, to enter into any house or building, lots, grounds or premises in said city, and examine the fire-places, hearths, chimneys, stoves, and pipes thereto, ovens, boilers, and 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, shingles or other combustible materials may be lodged, and the said fire wardens shall give such direction in regard to To g ive the several foregoing matters as they or any of them may think expedient, either as to the removal or 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 au- Auth'oritv togive certhority to cause chimneys to be burned out, or otherwise t givdier'' ~~~~~~~~~~~~~~~~~~~tiens. f o r cleaned, whenever they shall deem it necessary, and to prevention of fire. require tenant or tenantSt, owner or owners of any blacksmith's sh)p, so to alter or construct (as the case may require) the chimneys of such shops so as to prevent sparks of fire from passing into the open air, and re 103 quire the ceiling, or sides, if any, or any part thereof; to be plastered. Penalty Yr SEC. 4. If any person or persons shall negrlect or reo. bstructlg~ firewardens fi n d other- fuse so to comply with anay such direction as any of the wise offendig. said fire wardens may give in the premises, or shall ob struet or hIinder any fire warden, or his assistants, in the performance of his duty, the person so offending shall forfeit, and for such neglect, non,-compliance, or hin drance, a sum not exceeding fifty dollars; and for every day which shall elapse after the. time allotted for such removal, alteration, better camre or management, without compliance with such directions, the said p)erson shall forfeit and pay a further and additional sium of five dol lars; and all the expennse caused in carrying into effect the directions of the fire wardens shall, in the first irn stance, be paid by the occupant of the premises, and shall be deducted from the rents payable by him, her or others, unless such directions were rendered necessary by the act or default of such occupant, or there be a special agreemnent to the contrary between the landlord and said occupant. And it shall be the duty of the fire waidern to ascertain whether or not these directions are duly complied with, and in case of non-compliance, or in case of any violatiorn of this ordinance, to report the names of all offending, with the particular circumstances, to the Common Council, who may thereupon cause such offenders to he prosecuted for the penalties incurred by them Stovepipes. SEC. 5. No pipe of any stovre shall be put up, or suffered to remain in any house or!uilding,, unless it )e. conducted into a chimney of brick or stone. nor shall canin of any person at any tinme set fire to any chimney, for the Cimneys. purposeo f cleaning the same, unless ding a rn or ~himneys. purpose of learn.iag thee same, unlless during a rain or .ORDI.NANCES OF'fil-K 104 (;['ITY O'F lAGINAW. 105 snow stormi, or while the roof of the building in which said chimney may be is covered with snow, without previolis consent of one of the fire wardens of said city. Any person putting upl, or procuring to be put up, or maintaining,, the p)ipe of any stove, or doing any other Penalty. act contrary to this section, shall for every offense forfeit the sum of five dollars, and the further sum of one dollar for every twenty-ifour honis the same shall remain so )uit up) after notice by any fire wardens to alter the same. SEC. 6. Every chimney hereafter to be erected, and Chimneys. all chimlneys whatever, shall be plastered with lime and sand on the inside thereof; under a penalty of twenty- Penalty. fiv( deollars, and a further penalty of ten dollars for every fifteen (lays' neglect to alter or take down the same, after a notice by any fire warden, for that purpose. It shall be the duty of the engineers or fire wardens to take notice of -,ll chimneys, when the same are being constructed, and ascertain whether the same are in conf;n'nity with the requirements of this ordinance, and if not, mnake a report of tile same to the Common Council. SEC. 7. No ashes, txcep)t mannuftctorlies, where ashes Ashes. are used, shall be kept or deposited in any part of this city, unless the samne be in a close and secure metallic or earthen vessel, or brick or stone ash room, under a pen- Penalty. alty of one dollar for every twenty-four hours the same shall remain after notice from a fire warden to remove the same. SEC. 8. Every dwelling house, or other building, v e r y ?I n ~~~~~~buildinyg ,more than one story in heighth, within this city, shall over two stories high have a scuttle through the roof, a convenient and suita- t - h aev scuttle, etc. ble stairway or ladder leading to the same, and any one constructing such dwelling house or building without ORDINANCE. OF TIlE such scuttle, and every owner of stuchl house or build ing now erected (not having other perniianent atnd con venient means of access to the roof) neg,lecting to conm ply with the requisition of this section, f)r the sl)ace of renalty. thirty days after notice by a fire warden, shall f)orfeit twenty-five dollars, and the further surs of five dollars for every ten days the non-compliance shall continue to exist. S havingq, SEC. 9 It shall not be lawful to lmurn any sllavinrs, ete., not to be burned, edgings, or other combustible matter, in any street, road, except b y permission.: lane or alley, or on any wharf in this city, excep)t on a written p)ermission firomrn a fire warden, under a penalty not exceeding ten dollars for each offense, to be recov ered from any person so offending, and against any l)er son or persons aiding or assisting therein. Gunpowder. SEC. 10. If any person, during a fire, and in the vicinity thereof; shall discover in any buil(ling a greater quantity than twenty -eight pounds of gunpowder, it shall be lawful for him to seize, without warrant fironom any mag(istrate, and convert the same as fortfeited to the use( of said city. Edeings, SEC. 11. It shall not be lawfuil for any person or etc., not to be placed in treetS,,tc., persons to place upon any street, lane or alley in this or on any piremnise. city any edgings or other combiustible matter, nor shall it be lawful for any persri to place or keel) any edgings on any premises within said city, unless the same is cut into four feet lengths, or less, and piled in a suitable Penalty. lmanner into racks, under a penalty of ten dollartis for Proviso.; each and every offense. Provided, however, tlhat no penalty shall be enforced under this section if the.) person or persons so offending, shall remove the same within twenty-tour hours after notice to remove the same from the Marshal. 106 CI''Y OF SAGINAW. 107 SEC. 12. There shall not be kept within the limits of Gunpowder. this city, within 300 feet of any dwelling, at any one t-ot more than 28 lbs. time, in any one )building, or its appurtenances, any kept in one building. greater quantity of gunpowder than twenty-eight pounds, aind the gunpowder shall be well secured in metal canis- Htow se cured. ters, with metal stpl)ers or covers. All gunpowder which shall be kept in this city contrary to the meaning and provisions of this ordinance shall be forfeited by the Forfeiture. person or persons So) keeping the same, and it shall be lawful tol any fire warden to seize the same without warrant and convert the same as forfeited to the use of the city; and the jperson or persons so offending shall also forfeit the sum tof o)IIe hundred dollars for every one Penalty. hundred p ounds of gunpowder, and in that proportion for a greater or less quiantity so kept contrary to the true intent and tneaning, of this ordinance, to be recovered with, costs of suit. SEC. 13. It shall be the duty of the Chief Warden Chief War > den a nd and( Marshal to dispose of all the gunpowder forfeited Marshal t n ~~~~~~~dispose ,tn(d seized as p)rovided in the )receding sections, ans pay gunpowder. the, p)roe(eeds arising therefroim to the Treasurer of said city, taking his receipt therefor, and report the same to the Common Council. SEC. 14. N(o steamhboat or propeller shall land or Boats, etc., to have lhaul alongside of any wharf; dock or bank within this sparkcatchcity, or nearer than one Ihundred feet to any such wharf; dock or bank, unless such boat or propeller has a sufficient spark-.catcher covering, the sinoke-pipe of such boat or propeller, so as to prevent any sparks passing from the fire on said boat or propeller, under a penalty Penalty. of inot le,ss than twenty nor more than two hundred dollars for each and every offense, and the master of such Ol-',DINANCES OF l'!1il boat so offending shall also be liable to be inmpiisoned, until the sarme is paid, not exceeding ninety days. L i g h t e d SEC. 15. No owner or occupant of any liveryot other eandles not to be used stable within this city, or ally person in the employment in livery sables. of such owner or occupant, shall use therein any lighted candle or light, except the same be kept within a horn, tin or glass lantern, under a penalty of not exceeding ten dollars for each offense, to be recovered with costs of suit. Comubusti- SEC. 16 No person shall have, put or keep, within bles to be ,emoived the said city, any hay or straw, hemp, flax, tow, shavfrom fir e - laces, etc. ings or rushes, in any stable or building which is or shall be within such distance from any chimney, heatrth or fireplace, or place for depositing atshes, nor in any dwell irg house whatever, as may be deemed unsafe or danPenalty. gerous by the fire wardens of the city, under a penalty not exceeding twenty-five dollars for each and every offense, to be recovered with costs of suit, and the fuir ther sum of ten dollars ifor every twenty-four hoers the same shall so remain after due notice given in writing to the offender by any fire warden. Ordinance s SEC. 17. All ordinances, or parts of ordinances, here'epealed. tofore passed by the Common Council of this city, c)tl travening, the provisions of this ordinance, be and the same are hereby repealed. Passed April 26, 1865. STEWART B. WILLIAMS, Mayor. A. F. R. BRALEY, Recorder. [Record Ordinance Book, page 44.] I08 C'FY OF SAGINAWN. 109 An Ordinance establishing fire limils in the City of Sag iinaw, as amended September?22, 1868. It is hereby ordained by the Uommon Council of the City of S(ginaw: SECTION 1. The following boundaries shall constitute Fire limits. and be known as the fire limits of the City of Saginaw, to-wit: Cominencilg at the center of the foot of Jackson street, thence along the center of' said street to the center of Fayette street, thence along Fayette street to the center of Mackinaw street, thence along the center of Mackinaw street to the center of Washington street, thence alone the center of Washington street to the center of Madison street, thence along the center of Madison street to) the river, thence along the river to the Bigot of Mackinaw street, thence alo)ng, the west line of the biyou to the place of b,eginning. [Journal No.., page 7, May 13, 1870'.] SEc. 2. No p)erson shall erect ()or place any building, Buildings or any part of a building, within said fire linits, unless prohibited. the sauiye shall be constructed of stone, brick, or iron. SEC. 3. Nothing contained in the preceding section Exception. shall be construed to prohibit the erection within said fire liiits, of any wood(len building not more than eight feet squalre. SEc. 4. No p)erson shall, within said fire limits, ex- Not to re pair woodcept as 1)rovided( in the next section. repair any wooden en bbuiidbbuilding, which has been partially destroyed by fire or othertwise, or remrnove any wooden building from one lot in saidl fire limits to another. SEC. 5. β€” Wlien any wooden building, within the fire Exception. limits, sh.all be partially destroyed by fire, or otherwise, O-RDINAN(,'ES,1O'TItE and the damage thereto shall not exceed one-half' its value at the time of sutch partial (lestructioli, such building may be repaired, and nlot otherwise. In case of SEc. 6. [n case of the partial destriuction,, by fire or partial destruction otherwise, of any such building within said fire limits, by fire, proecedings it shall be the duty of the Marshal of said citv, with a necessary to able r e person to be selected bv the ownecr of said building, to pair. proceed at once to estimate the aliioimnt of damnatge thereto, and it' they shall 1w unable to agree, they shall seLect t third disinterested person, and the estimate of any two of them shall be binding, on the city as well as on the owner of' said building. If the amo(lunt of the damage, s(l ascertained, exceed that provided in section five, such building shall not be repaired but if the damiage (ldoes not exceed the amount provided in said section, the Mar shal shall report the same to the Common Council, who shall thereupon enter upon their records a perlmit to s:Li(t owner to repair his building. Athe block SEC. 7. On the application, in writing, of' the ownier in the city may be inaluded i o0 owners of the greater parlt of the grounds in any fir e limits by applica. block in said city, not included within the fire limits, tht, Lion, etc. tion, etc. Common Council mlay, by resolution, includ(le thie sane within the fire limits, and the provisions of this or(li isance shall be thereby extended over such block. Resolution SEC. 8. Every such resolution shall be lbllished( for to be published. two successive weeks in a newspaper of the citv. Every week SECT. 9. For each and every week which a tluilding building rea,a i nin g ereeted, placed, removed or repaired contrary to the procontrary to ths aivisions ofthis ordin- ance, shall be allowed to remain, the aic a distinet offnse onctons wner of such building mrnay be complained of as fo)r,t distinct offense, and punished as hereinafter provided. 110 t ~CII'~Y O.~F S ~AG:~NAW111 SEC. 10. Anly I)eison who shall violate any of the Penalty for violation of provisions t' this ordinance shall be punished by a fine thisb ordin aiiee. not oxceeding ()oie hundred dollars, with the costs of prosecution; and it shall be the duty of the Marshal to prosecute for all penalties incurred tinder this ordinance. Ado1)ted Sel)tember 22, 1868. A. F. R. BRALEY, Mayor. CITY OF SAGINAW. JOHIN B. SCHIC(K, Recorder. [ltecord Ordinance Book, page 90.] An Ordinanice relative to licesingty public exhibitions. It is hereby ordained by the Common Council of the City of Saginaw': ,SECTION 1. No itinterant person or persons shall ex- Exhibitions * * l rq- ^ a * r n * 1 ~~~~~~~~that requirae hibit in the City of Sagintaw any riLtural or artificial lc eqle cu'iosities, or tlny circus, caravan or menagerie, or any tli-tettrical rel)iresentatiorn, concert or musical entertainmnent, or aiiy sleight of hlind, juggler or legerdemain tricks, or other public exhibition or show, demanding and lrec( ivilg any sum for admission thereto, without having first obtained a license therefor, as hereinafter provided. S,.c. 2. No person or persons shall be entitled to a License fae must be licenstie f)r any of the purposes mentioned in the first paid before license 1,: sectlorn of this ordinance, until he or they shall have' pai(l into the city treasury, for the use of said city, the sum of money by this ordinance provided therefor, and shall have the receipt o(-f the City Tretasurer showing the tact and )u-p().se of such payrllient. SEC. 3. The monley to be I)aid by any person or persons, f(or a license for any of the above purposes mentionied in the first section, shall be as follows, viz: ORDI)IAN(,'S OF'O'F1} Circus. etc. 1st. For any circus, caravan or menagerie, fifteen dollars ($15). Circus and 2d. For a circus, and caravan or menag,erie coilmbined, caravan eonmbined. and exhibiting at the same time and under the same canvass, twenty dollars ($20). 3d.. For the exhibition of aiy natural or artificial c'uriosities. curiosities, or the skme combined and( exhib)ited at tIhe sanme time and place, or for tht exhibition of any silde show )or perfobrmance of any kind, triaveling with any circus, caravan or mnenagerie, five dollars ($5). 4th. For the peribrmance of any theatrical iepreTheater, coticert,mnu- sentation, concert, or musical entertainmrent, three do lsical enteltainent. lars ($3). 5th. For the exhiblitionr of any sieight-of-hand, jugJ uggler,etc. ,gler, or legerdtcmain tricks or periformance, five dlol lars ($5). 6th. For the exhibition of any other show or )ero0 t h e r formance, not. otherwise provided for, the sum of three shows. dollars ($3). re fsretadh- 7th. For the keep)ing of any refreshment stand, or mc-nt stallid. other place for the sale of any article whatever, on the same grounds or contiguous to the grounds occupied by or for the exhibition of any circus, caravan (,r tmenag,erie, or other exhibition, when kept by a resident of the city, two dollars ($2); and when kept by aniy non-resident, three dollars ($3). Duration oi' SEc. 4. No siuch license shall be issued,,1 be in license. force and valid, for a longer time than one day, except a license for a theatrical representation, concert or imu sick entertainment, which iiiay be issued, and be in force and valid, for a period of ten days, irn which case the money to be paid therefor shall be ten dollars ($10) 112 (I'TY OF SAGINAWV. SEC. 5. U1)t)U presentation to the Recorder of said License, how obcity, of a written ap)plication, signed by any person or tained. pelsons, his or their age-nt, d(lesiring, a license for any of the purpo(ses menti(oned in the third section of this ordii,ance, atni the receipt of the City Treasu rer, showing the payment to hiim of the money require d b y this ordinance thereftor, and up()n p)aymenrt to the said Reco((l'er of a fee of tifty cents, the Recorder shall issue ces. to siuch perso)n ()l )ersons the (lesiled license, under his official signatture and the seal of said city, which license s hal l be in foice aid authorize the person or persons t h erein naamed, to give the exhibition, representation, entertainment ()r fperofrmance, or keel) tlle stand therein mentioned, on the (lay atid foo the tirme therein sp)ecified. And the said e Recorder shall, within five d(la ys thereafter, Recorder o' duty. ( elilivXe r stch reeeip)t to the Comptroller, who shall there- Comptroll i,)(i chai^,- the Tre,1ts-(' Wi th th(~ aiotnt. er's duty. ,lt)()n charge the Treasurer with the amount. 8EC. 6. Ainy l)eerson who slll, within the limits of enaltY. sLi(l city, ()l)enr, c)nlminencc, citry on, or give any exhibitioin (f any natural or artificial curiosities, or any circus, cara tvan, lncn~[gel ie~ ()r any ltheatrical representation, c()nceit or mulsical (ntertainnmeint, ()l the exhibition of tny'leight-of-hai,(l, jg'glei or leoge(Irdemain tricks, or -)ther show or l)erfrnman(ce, or keep any stand foir which -t license is by this ordiilance ieqired, without a license thefo()r (excel)t us lI)ro)vided in the seventh section), or having, the license (required) therefor, shall refuse on de- RIhfu-t t0O inand to) sl)ow the stmie to any officer of said cit, and n Liability of any person who) shall assist at, in or about any unlicensed iPegrson,%aid l~ ing' it,) unli,..,.. ~~~~~~~~~~~eea,d show exhibition or l)eriformnance, representation, entertainment or shlow, for which a license is by this ordinance required, shall, ipon conviction th(.reof- be I)pnished by a fin.e.of 113 ORDINANCES OF TIILE Fine. not less than five dollars anil not more than twenty-five dollars, with costs of prosecution; and the court hav ing jurisdiction thereof may make a firther sentence, that in default of the payment of such fine and cGsts, within a time to be fixed in such sentence, the person so Imprison- convicted be committed to the county jail of Saginaw ment., g County for a period of time inot exceedling- folity days. And the person so convicted and sentenced shall forth with be committed, by the court makin,g such sentence, to the custody of the Marshal, or some constable or po liceman of said city,, during the( time fixed for the p,ty ment of such fine. X o license required of amateur exhibition. SEc. 7. The provisions of this ordinance shall iiot apl)ly to any amateur theatrical represent'ltion, concert, or musical entertainment, or other exhibition, the pioceeds whereof are intended and shall be apll)ied4 for the benefit of any religious, charitable, benevolentor literary society or association organized or existing in this State, nor b_so construed as in any manner to authorize the exhibition of any immoral or indecent lp)eriormance, exhibition or show. Marshal SEc. S. The Marshal and all policemen of said city, shall arrest w i t ho,t are authorized and directed to arrest withon t process, process for vio l ations any erson und violating any of the )rovisions of this of this ordinance. ordinance, and forthwith to convey the T)erson so ar rested before the Recorder, or some Justice of the Peace May detain of said city, to be dealt with theretori. And in case the t h e person arrested Recorder or no Justice of the Peace can be found in his office, then safely to detain the person so arrested in his 114 CI''TY OF SAGINAW. custody until the said Recorder or some Justice of the Peace mnay be found in his office; but such detention shall in no case exceed foirty-eight hours. Adopted MaIy 5, 1870. WILLIAM H. SWEET, Mayor. JOHN B. SCHICK, Recorder. [Record Ordinance Book, page 107.] An Ordinance relative to lighting the streets of the City o/' Saginaw with gas. WHEREAs, the Sa,inaw Gas Light Company have made a pro,)ositi()o to the Common Council of said city, in words and fiiigures following, to-wit: "The Saginaw Gas Light Company will furnish gas Proposition of 0Gas Co. "for public street lamps, at the rate of three dollars and "fifty cents, nmetre measurement, per thousand cubic "feet, and the government tax, will light, extinguish "arid clean them at the rate of six dollars per post per "y4ar, )ayments to be made quarterly, viz: On the 'first d(lays of' April, July, October and January of each 4y veai, and if not paid within thirty days of the time "when each paynenit becomes due, interest shall be added at the rate of ten per c(-nt. pel annum, uintil the same )be )aid. '"This p)roposition, if accepted, to remain in force "until the first day of Janutary eighteen hundred sev"enty-three, and to be considered as renewed from year "to year, inless either party gives notice to the other of their desire to terminate the same, rot less than thirty "(lays pre(vioutis to the first day of January of any year. . 115 ORDINANCES O'F Ti'HE " Will fuinish posts and lanlmps of any pattern or(i'sign the city may d sire, atnl erect the saTname (Lt net " cost." "D. L. C. EATON, Secretary." Thei-efore, It is herebyl ordained by the Common Council of the City of kSaginaqv: Proposition SECTION 1. That said proposition be and the same accepted. is hereby accepted, to take effect and be in fi,rce fl:oni and after the eilghth day of July, A. D. 1871. ProProviso. videcd, the said Gas Liglit Colmpal)y shall C(intse their Assent o f assent to be endorsed upon the record book of ordiniances Oas Co. required. of said city, on or befo)re that date, by thieir Secretary, which assent shall be and become a part of this ordi nance and this ordinance shall be construe(d as a con tract between said city and s~i(1 Saginaw Gas Light Comipany. Council to SEc. 2. That the Common Couincil may from time d e s i gnate l~ation o f to time designate the location, kind, number andl size of lamp posts, etc. posts and lamps to be used in ligh.ting the stireets of said city, and shall have the general direction and control of the same, togetl-eir with all service )il)es connecting c0o U.fl therewith, and may require froin said comipanv reports may require, m report from G,tsCo. of the condition of said p)roperty, the cause of any breakage, stoppag,e, leakage, overcharges, (lefvc t or neg lect on the p)art of said company, its officers or elil ployes, affecting the lig,hting, of said city, or its inter ests and rights under this ordinance. Ani( in case of any protracted or willful neglect of said conmp)any, its officers or employes, and up)on the failure of saidl com pany, after five days notice froiii the Common Council to remove the cause of ol)jectiont, said Council shall have Riight to rescind this the righlt, by a mrajlity vote of all its members elect or di nance reserved. and qualified to vote, to rescind this ordinance, or in 116 CITY OF SAGINAW. connection with said company to make other or new stipulations thereto, as the interests of said city may require. SEc. 3. That for the purpose of more perfectly and (as Co. t securely )providing for the lighting of the streets of said c a re for post, lamps, city, and the better protection of its property used there- etc. for, said company shall be charged with the care and slupervision of the posts, lamps and pipes belonging to said city and used for the purpose aforesaid, to repair To keep and keep) the same in order, but at the expense of said lrdr.P in city. Provided, That in all cases where such repairs Repairs, n ow orshall exceed five dollars ($5) per week. a written order dered. s-allt first be obtained from the Mayor, Controller, or Chairman of the Committee on Gas, authorizing such repairs to be made. SEc. 4. Said company shall be liable for all loss of Liability of gas or other property, and daimage thereto, caused by Gas.Co. the neg,lect or fault of said company, its officers or emI,)loyes, and for all danmages to individuals, or to said city, arising from a failure to comply with the lawful orders ol rlequirelnents of the Common Council, relative to lightingf the streets of said city with gas. SEC..5. All bills of said company for claims and chairges arising uindcer this ordinance against said city, Bills of Gas Co. vs3. City shall be verified by the oath of some officer of said oasttbever itied by an company, in the uslal fol'rm, and shall set forth all the officer of I, the cornitems charged fo)r, and be acomnpanie(1 by the order of pany. the Mayor, Controller or Cihairman )f the Committee onil Gas, in the matters hereinbefore mentioned, which require such order. Payment of all such bills shall be madle quarterly in order,s on the contingent fund. The epaPirba,.s ~ ~ w~~~~~~~~~~~~~~hen paid. measurement of gas used by said city, under this con tract, shall be by th se of two standard meters, se- mentfgas. tract, sitall be by tht, us,-e o)f two standard meters, se-mentofgas. 117 ORD[NAN('ES OF T''IlE lected, stationed and controlled jointly by _aid Gas Light Company and said Comnmittee on Gas, and the Committee members of said committee shall have fi'ee access to said on gas. meters at all times,.and may require the same to be tested, chlan(ged or moved, aLs the i nfterests of Lid city may require. SEC. 6. Said lamps shall be lighted by said conm pany according to the American Meter Comll)any's tilne Lamps, how Ughted.w table, and extinguished at one ('clock each n iht, or at suelI other hour as the Common Council may fi'om time to tim(, direct; and said Cornmmon Council mnay require said Company to light said lamps, or a portion thereof, during nights, and certain hours thereof not designated in said timrne table. SEC. 7. Nothirng in this ordinance contained( shall b{ construed so as to release said G(tS Light Company fi'ro)i the operation, effect and obhig.ttions of an oldinane of said city, adopted April 2d, 1868, entitled,'-An ordinance to provide for the establishment and m-aintenatce( of gas works in the City of Sa,ginaw." Adopted July 6, 1871. GEORGE F. WILLIAMS, Mayor. JOHN B. SCHICK, Recordeir. D. L. C. EATON, Secretary Saginaw Gas Light C(;ll)anry. [ Record Ordinance Book No. 1, page 11J?.] An ordinance to provide for the establislhmeit and maintenance of Gas Works in the City of Saginaw. WHEREAS, it is desirable that this city shall be lighted lreambe. with gas, and in order to induee any company to erect Gas Workls therein, and lay down gas pipes in1the streets thereof, and to furnish a supply of gas for private and 118 ('ITY OF SAG(INAWV. public use therein, it is necessary to grant and secure to such conmp)any certain exclusive rights and privileges, sublject to certain restrictions and conditiens to protect the ilights of the city, of its citizens and of such com)pany; theref()re, It is hereby ordained by the Comron o ouncil of the City of SagiTnaw: SECTION' 1. That the exclusive right and privilege of R i g h t s granted to erecting, mnaintaining, continuing and operating Gas certain per sons to opVVW(oks within tl-his city and of laying down and contin- crate and ' main t ain bing as i)il)es along, across, ulder and through any and Gao Works. all of the streets, sidewa tlks, alleys, lanes and public gr()lnds in said city, and in like manner in the territory which may be hereafter added to the corporate limits of said city. fo() conveying gas for supplying said city and the inhabitants there(of with gas lig,hts, and the exclusive right an(l privilege of manufacturing, gas in said city foi sale ft;r lights, and of selling the same, and of slly))ling the inhabitants of said city, and said city and the buildin,gs and stieets therein with gas for lighting the stine, be and is hereby granted and secured to ALEX. SWIFT, of Cincinnati, Ohio; EDWIN SWIFT, of Cincinnati, OI11o; N. S LOCKWoOD; 1)ANIEL L. C. EATON and THOMAS MERRILIL, of the City of Saginaw, County (of Sariniaw andl Sta.te of Michi,gatn and their associates, success)1s and assigns for thirty years: Provided, howevel, anl this grant is made subject to the following con(liti(ons and restr ictions SEc. 2. Thtt said Alexander Swift, Edwin Swift, wi t h in what tim,, Nathlan S. Lockwood, Daniel [,. C. Eaton and Thomas said persons to organize Meirrill and their associates, succe(ssors and assigns shall under actof , ~~~~~~~~~Legislature, a n d accept with in thirty days afteli the 1)assage, of this ordinance, the provi or^,.lnil 7n t~hesions of this ()rc'gnize under the act of the Leegislature of this State, ordinance. 119. ORDINANCES OF' TltE entitled "an act to authorize the formation of Gas Light Companies," and file with the Recorder of this city, a copy of their articles of associationi, and their accel)t ance of this ordinance, and agreements to perform on their part according to the terms and conditions thereof, to supply the said city and the inhabitants thereof, gas for lights, and shall within one year and six ni)nths, w i t h i n erect good, permanent and sufficient Gas Works in said what time g to ret gas city, and lay down in the streets thereof at least nine .wvorks, etc. thousand feet of main pipe and supply and continue to supply all persons along the line of said main pipe, who shall suitably supply their premises with surface pip)es and fixtures for receiving and burning gas, and who shall sign the rules and regulations of said Gas Company (such as are usual with such companies), and who shall require gas and pay for the same at a rate not exceeding, exclusive of a reasonable rent for meters, four dollars - per thousand cubic feet for private lights, and to this Rate of pur - chasing g.-s city for public lamps at a rate not exceeding three dolexclusive of rent of me- lars and f ifty ceIts per thousand- cubic feet, and that ters not to exceed $4.00 after said year and s ix months as other parts of' the cit per cubic t.y private ue aPnd$3.50fcor may become more compactly built so as to afford responpubliaue. sible applicants or consiumers of gas in fifteen different buildings, who shall agree to take and continue to use and pay for gas lights therein on foreg(oing termns and conditions for each additional one thou)sand feet of' main pipe, the said company, their successors and assigns, shall within a reasonable time after such apl)Ilieation, lay down and extend gas pipes and furnish gas to suclh applicants on said terms The office of said company offtica n d shall be in the city of Saginaw, and one or more directors residence of at least Dne t directorone of the company shall at all times be residents of this the City of Saginaw. city. 120 SEC. 3. Said company befoie digging for and laying Notice of laying pipes down, rielaying and continuance of gas pipes along, etc., to be given to St. acrioss, under and through any and all the streets, lanes, Ooitmeissi'r or other Ofalleys, sidewalks and public grounds of' said city, shall fier. give one day's notice to the Street Commissioner or other proper authorities of their intention to so do, and in digging for the repairs of said pipes, take care not to Not to ob struct str'ts unnecessarily obstruct or injure ally such street, lane, etc. alley, sidewalk or public ground and water pipes, and shall with reasonable diligence, return such street, lane, alley, sidewalk or public grounds to as good a state of repair and condition as the same was before disturbed by said company, and shall ill all respects fiully indemnify and save harmless this city fi-om and against all To savecity h armless damages or cists, which the city shall be put to or sus- from damtain by virtue of such digging. ages. SEC. 4. If said compiany shall not comply with the Fforf;itures of condiconditions of this ordinance, aDd shall at any time fail, tiod n by said Co. to keep their said works, pipes and meters in good repair or shall fail to supply said city or the inhabitants thereof with the requisite quality and a good article of burning gas, to wit: Of as good quality as is furnished by other companies to cities similarly situated, which quality shall be subject to inspection by three competent persons, one appointed by the Commnon Council, one by the Gas Company, and a third by the two already chosen, said conmp)any shall thereby forfeit all rights and privileges within this ordinance. But nothing in this act shall be construed to prevent the cutting off or refusing the usual supply of gas from or to any person or persons on account of any neglect or refusal to pay for the same, or on account of any necessary repairs or alterations of said gas pipes or mains: Provided, That when gas Proviso. 121 CITY OF SAGliNAW. ORDINANC-ES i''TILE, shall be shut off to makle repairs or alteriations as aforesaid, it shall only be for such time, as by reasonable diligence said repairs or alterations can be made and each exemption from liability only in cases of accident to the works, or pipes or necessary repairs. Renewal of SEC. 5. At thte end of thirty years, this citvy shal} t h i s ordinance by renew and extend this ordinance for a like term. of time, city at expiration of or purchase of said company, their successors or atssigns, 30 years, or to purchalse- their gas works, pipes fixtures, materials, alp))arati.ns gas " orks, i,' &. tools and meters as the city shall elect; an-l if the city elects to purchase and thie parties are unable to (agree as to the value of the property, or the teirms of paymient, then. 'Terms, how the same shall be determined as follows. The city shall &eternin ea. appoint two disinterested persons, and said company shall appoint two disinterested persons, and these foiri persons shall agree upon1 a fifth, and said five persons. shall determine the value of said )roperty, and terms of payment, and the decision of the said five persons or a majority of them, made in writing, shall be binding( upon and performed by the!)arties respectively, and until such decision so made and given, said company shall continue their said work and supply of gas with all the rigkhts and privileg,es, and subject tG all the con ditions in this ordinance contained. Price of gas to be fixed a t certain periods. SEc. 6. At the end of ten years fi'oi the date of the passage of this ordinance, and at the end of every five years thereafter, during the time this ordinance shall iemain in force, the price of gas to be furnished to the city and the inhabitants thereof, ~lncler the grants of this ordinance shall be fixed for the ensuing five years, at the request of the Coitmmon Council of this city, by five disinterested persons chosen in the manner provided irn 122, CITY OF SAGINAW. section five, who shall in making their decision be governed by the iprice of gas in neighboring cities, similarly situated with regard to the cost of production, the written decision of a majority of whom shall be final. Adopted April 22, 1868. A. F. R. BRALEY, Mayor. ROBERT MCQUEEN, Recorder. [Record Ordinance Book, payge 1.] There is on file in the Recorder's office, the following acceptance: [See Ordinance Book, page 8J.] "ROBERT MCQUEEN, Recorder: "'The ordinance to provide for the establishment and maintenance of Gas Works in the City'of Saginaw, "passed April 22d, 1868, with all its provisions and con ditions, is hereby accepted andI agreed to." "May 20, 1868. "N. LOCKWOOD,, ' For himself and associates." LSee Record Ordinance Book, page 81.] An Ordinance relative to the disposition of fines, for feitures and penalties, and nmoiteys received for grant i~,g of license, collected or received, by virtue of any ordinance or by-law of the City of Saginaw City. Be it ordained by the Mayor, Recorder and Aldermen, of the City of Saginaw City, in Common Council con vexed: SECTION 1. Whenever any Jnstice of the Peace of Moneys col~ lected by said city, or City Attorney, or any other person or per- tcity offieraid ~ ~~~~~~~~~~~~~~~to be paid sons, shall collect or receive any fine, penalty or forfeit- treasCCret. ure incnirred by the violation of any ordinance or bylaw of saidl city, or whenever the Mayor, Recorder, or 123 ORDINANCES OF''TILE City Attorney, or any other person or persons shall receive any money for the granrting of any license, they shall pay the same over to the Treasurer of said city and take his receipt theri-efor, within thirty (lays after the same shall have been collected anid received. Treasurer SEc. 2. The said Treasurer shall upon the receipt of to give reelipt a nhd any money paid to him as a fine,, penalty, or forfeiture, place t h e amount to ereacdi t of or as money received for the grhnting of any license, o ntingent Fund. give the person paying the same, a receipt for the amount so received, stating the name of the person or persons (f whom the same was recovered or received firom, and shall forthwith place the amount so received to the credit of the general fund for the payment of expenses. Penalty for SEC. 3. If any person or persons shall neglect or refusing to pay o ver refuse to pay over to the Treasurer of said city, any honeys. money collected or received as a fine, penalty or forfeit ure, or any money received for the granting of any license in violation of the first section of this ordinance, he or they so cffending shall forfeit or pay twice the sinm so'collected or received and not paid over to the Treas utrer within the time therein specified, together with costs of prosecution. Adopted October 18, A. D. 1857. GARDNER D. WILLIAMS, Mayor. C. GARRETT, Recorder. [Journal of 1857, page 69. Record Ordinance Book, page 16.1 124 An Ordinance relative to a capitation or poll tax. It is hereby ordained by the Comfmon Council of the City of Siginaw, as follows: SECTION 1. The City of Saginaw shall be and the Highway district. same is hereby constituted a highway district. SEC. 2. It shall be the duty of the Street Commis- D u t y o f Street Comsioner, between the second Monday of April and the missioner first Monday of May of each year, to make out and deliver to the Recorder a list of the names of all persons residing or being in the city, liable to pay a poll tax under the provisions of section twenty-one of an act to revise and amend the charter of the city of Saginaw. SEC. 3. There shall be assessed against and collected P ol tax, who liable from each male inhabitant of said city, over twenty-one to pay. and under fifty years of age, (except idiots, paupers and lunatics,) an annual capitation or poll tax of one dollar, the proceeds of which shall be expended upon the streets and highways in said city: Provided, That any person liable to pay the said tax shall have the right, in lieu of paying one dollar, to work one duay upon said streets and highways under the direction of the Street Comnmissioner. [Ordinance Book, page 191.] SEC. 4. For the purpose of assessing and collecting Polltaxroll such tax, the Recorder shall, between the first Monday of May and the first day of June in each year, prepare duplicate assessment rolls, which shall contain in one column, alphabetically arranged, the names of all persons liable to a poll tax as herein prescribed, and in another columnn the amiount of poll tax assessed against each person. CITY OF SAGINAW. 125 I26 ORDINA'NCES OF TIIE Suc. 5. One of said rolls shall be filed in the Re corder's office, where it shall remain open to the inspec tion and examination of all lXrsons interested. To the other roll shall be annexed a warrant, signed by the Mayor and Recorder, or one of themn, and sealed with the corporate seal of the City of Saginaw, directe(d to the Street Commissioner, comnmanding him to require the several persons in such roll name(l to perform, under the direction and superintendence of such Street Com miissioner, each one day's labor on the streets aand high ways or' pay the amount of money set opposite their respective names in said roll, and in default thereof, fur ther commanding said Street Commissioner to levy the same on the goods and chattels of such persons, and that RFepolrt o f C.Om S if- such Street Commnissioner miake return of ihis doings t(o sdoner.~ the Common Council on the first Monday of September next after the date of said warrant, which roll, with warralnt annexed, whenr so prepared and sigrned shall be delivered to the Street Commissioner of said city. SEC. 6.' The C(ontro(ller shall open an account with such Street Commissioner and charge him with the amount of tax contained in his roll, and when he shall report his doings under said roll, the Controller shall make entries of and audit the samnle as justice requires N am e s SEC. 7. - The names of persons left out of said roll,, omitted t o be inerted which ouight to have been inserted, and of new inhabib y Street Commissioner; tants of said district who have not been assessed pre viously the said year, and who are subject to a poll tax, shall be added to the assessment roll by the Street Commissioner, subject to a,n appeal to the Common Council. CITY OF SAGINAW. 127 SEC. 8. The Street Commissioner shall, by notice, Hotice t o pe rsa o n s require each person assessed on the roll delivered to him, liabletopaY poll tax. at a time and place to be designated by him, and not to be less than twenty-four hours floum the time of giving such notice, to appear and perform one day's labor on the streets or highways or to pay within the same time to stich Street Commissioner the amount assessed against such person on said roll, which notice shall be, either personal or in writing, left at the usual residence of the personl notified. The Street Commissioner, in giving such notice, shall designate the implements with which such work is to be done, and may require a team, wagon, plow or scraper to be furnished by any person having the same within his district. Any person filrnishing a team Teamwork. shall be allowed therefor the same as for an able-bodied man; for a wagon, plow or scraper, one-half as much. SEc. 9. Every person assessed and required to work Payment of XPo l l tax, on the streets or highways as atforesaid, may, within the {~howlmade. time designated, pay the Street Commissioner the sum assessed against him on said roll, or may at his option appear and perform the required labor in person, or by a faithful and able-bodied man as a substitute, and the person or substitute so appl)earing shall actually work eight full hours under the direction of the Street Cormmissioner, under a penalty of twenty cents for every hour and a proportionate sum foor any less time that such person or substitute shall be in default, to be imposed by a fine on the person assessed. SEc. 10. Every person or substitute who, after ap- Penalty. pearing to work, shall remain idle, or not work faithfully, or hinder others from working, shall for each offense forfeit and pay the sum of one'dollar, with costs of prosecution. O(RDINANCFi OlF TiHE, Oollecting SEc. 11. In case any person shall not peform the of poll tax bylevy,etc. labor, or furnish the teams or other implements requiring by the Street Commissioner, nor pay the amount assessed against him on said roll within the time designated by the Street Commissioner, the said Street Commissioner shall, as soon as rnay be, levy the amount of the assess inent by distress and sale of any goods and chattels of such person wherever the same may be found in said city. Notice o f SEC. 12. The said Street Commissioner shall give sale. public notice of the time and place of sale, describing the property to be sold, at least five days previous to the sale, by a tlwinted or written notice,, to be posted up in at least three public places in said city, one of saidl notices to be posted on or by the side of the door of the postoffice in this city. The sale shall be by public Proceeds of auction, and out of the proceeds the Street Commisaale. sioner shall retain the amount of the ass(;ssment for which said sale shall have been mnade, and of his fees in making such distress and sale, and shall pay over the surplus of said proceeds, if any, to the owner of the property so sold. When city SEC. 13. If the Street (Comnissioner shall not be. may sue for pall tax. able to find aniy goods and chattels whereon to levy t(, satisfy said assessment, the persorn liable therefobr may.)be sued for the same in the corporate amen of the City of Saginaw. Moneys to SEC. 14. The Street Commissioner shaot deliver to be delivered t o Treas- the Treasurer of the City of Saginaw all moneys rearer. ceived by him on account of any assessment on said assessment roll, and take his receipt therefor and file the same with the Recorder on or before the return day of the warrant annexed to the assessment roll. I28 SEC. 15. On or before the first Monday of September, Returns o f Street Comin each year, the Street Commissioner shall return an ac- missioner. count in writing, verified by his oath, and containing, 1st. The number ot names originally contained in the assessment roll. 2d. The number of names added by him to the assessment roll. 3d The names of all who have worked on the streets or highways, with the length of time they have worked. 4th. The nam-es of all those who have been fined, with the amount of each fine. 5th). The names of all those who have paid, and of all those of whom he has collected the assessment againist, and the sums so collected. 6th. The names of all those of whom he has not been able to collect their tax. 7th. The number of (lays said Street Commissioner shall have actually worked on the streets or highways, together with the dates: Provided, That the Common Council mnay at a,ny time require the Street Commissioner to re)porit his doings under this or any other ordinance. SEC. 16. It' the Street Commissioner shall refuse or Penalty for neglect t o neglect to render an account, as in this last section spec- ma ke re turns. ified, he shall forfeit and pay a penalty of twenty-five dollars, with costs, and shall also be liable to pay the amount (due on the assessment roll delivered to him, as shall appear from the books of the Recorder, in case no return is made as herein required, of the balance renaining in his hands, as the case may be; and if the Street Commissioner shall neglect to pay to the Treasurer the money received by him, or to file the Treasurer's CITY OF SAGINAW. 129 10.ORDINAiNCES OF TIHT receipt therefor with the Recorder, as required in sectionr fourteen- of this ordinance, he shall forfeit and pay a fine not exceeding fifty dollars, with costs, and be liable to prosecution for all moneys received by him and not delivered to the Treasurer; and if the Stree6t Commis sioner shall neglect to perform the duties enjoined by this ordinance, or do any act contrary to the provyi sions thereof, he shall for every such offense, where no penalty is otherwise prescribed, forfeit and pay a suns not exceeding fifty dollars, and costs of' prosecution. Passed April 26, 185. [see section 5, page 1;2.] STEWART B. WILLIAMS, Mayors A. F. R. BRALEY, Recorder. [Record Ordinance Book, page 39.] An Ordinance relative to the duties of Supervisors, Justices of the Peace, School Inspectors and Direct ors of the Poor. Be it ordained by the Mayor, Recorder and Aldermen, of the City of Saginaw, in Common Conncil convened: Duties o f SECTION 1. That the Supervisors, Justices of the certain offidefined Peace, School Inspectors and Directors of the Poor of the city of Saginaw City, shall perform, in and for said city of Saginaw City, like duties to those required to be per formed by the corresponding township officers in the several townships or this State, except as is otherwise provided by the "Act to incorporate the City of Saginaw City," and as may be provided by the by-laws and ordi nlanIces of the Common Council; and the Recorder, of said city shall perform, in and for said city, like duties to those required of Township Clerks in this State, cx cept as is provided in the "Act to incorporate the City of Saginaw City," and as may be provided by the bylaws and ordinances of said city. Adopted May 13, 1857. GARDNER D. WILLIAMS, Mayor. C. GARRETT, Reco)rder. [Journal of 1857, page,?9.] An Ordinance relative to the duties of C'omptroller.! Be it ordained by the Common Council of the City of Saginaw: SECTION 1. The Comptroller shall constitute the Comptroller chief financhief financial officer of the corporation, and, as such, cial officer, to countershall countersign all bonds which the corporation or boid, o Comnmon Council are authorized to issue, pledging the ders, etc. faith and credit of said city, and to countersign' all orders drawn on the Treasurer by the Recorder. SEC. 2. All claims and demands against said city Claims and demands which may be referred to the Comptroller shall be ex- against city shall be examined by him in detail, and he shall present the same amined by Comptroller to the Common Council at the same or next regular and report ed to the meeting, thereof; or as soon thereafter as practicable, to- C o m mncil n 0Council. gether with a communication in writing, setting forth the facts in relation to such claims and demands, and his opinion in regard to the allowanee and payment thereof. SEc. 3. The Comptroller shall, under. the direction Comptroller to make all of the Common Council, make all purchases of personal p n r c bases of personal property, supplies and materials required for the use of p r o Pe rty, etc., a n d the city in its various departments, and to report his action report. thereon, from time to time, to the Common Council, as may be required by said Common Council. 131 CITY OF SAGIN'AW. To examine Sic. 4. The Cbomptrolle' shall examine the reports reports o f Treasurer and returns of the Treasurer, Street Commissioner, Rean d other officers, in. corder and Justices of the Peace, and of all other city volving ex Pe.ditures, officers, involving receipts or expenditures of moneys or value connected with the said city, and report in writing as to the correctness of the same to the Comrnon Coun cil, from time to time, or as may be required by said Common Council. To keep Ret. SEC. 5. The Comptroller shall keep a complete set of book.i of account, ex- of books, exhibiting the financial condition of said city tinancial..anfud condition of in all its various cdepartments and funds, its resources th city. and liabilities, with a l)ropel classification thelreof. When any funds or appropriations have been exhausted by warrants already drawn thereon, or by appropliations, liabilities debts alnd expenses actually made, incurred or contracted for, and to be paid out of such funds or ap propriations, the Comiptroller shalt advise the Common Council of the situation thereof at its next meeting. He shall open accounts with the City Treasurer, cliarg ing him with the amounts of taxes, general and special, levied in said city, specified in tax rolls delivered to him also with the Street Commiissioner, charging him with the poll tax levied in said city. He shall also open an account showing the whole amount in detail of all bonds, notes and mortgages and moneys receivable of the said city. He shall also op)en and keep proel)I accounts with all salaried officers (of said city, and with all persons ren deering services or making claims under and by virtue of general or special contracts with said city. He shall To kealprt also keep a list of all the property real, personal and of all prop- eppoet, proa n erty belongagto city. mixed, belonging to said city, and of all its debts and liabilities, to the end that the assets and liabilities of said city may at any time be known at the Comptroller's office. 13,2 ORDINANCES OF TIIE (,'ITY OF SAGINAW. SEC. 6. The Comptroller shall open accounts with the Manner o f keeping acTreasurer, in which he shall charge him with all moneys count with Treasurer. appropriated, raised and received for each of the several funds of the said city, and credit him with all warrants drawn thereon, keeping a separate account of debt and credit for each fund, charging every warrant drawn to the account of the particular fund created tor the specific purpose for which such warrant is drawn, in order that the condition of each fund may at all times be known at the Comrnptrollers office. He shall also make Comptroller and extend all assessment rolls for special assessments tomakeand extend a II and public improvements which may be ordered by the assessment y ~~~~~~~~rolls. Commnon Council, and shall perfbrm such other duties, Other du not inconsistent with the charter of said city and the tie. laws of this State, as the Common Council may from time to time lrequire. SEC. 7. All ordinances, or parts of ordinances, heretofore passed, contravening the provisions of this ordinance, be and the same are hereby repealed. Adopted May 5, 1858. A. F. R. BRALEY, Mayor. ROBERT AICQUEEN, Recorder. [Record Ordinance Book, page 6'.] An Ordinance relative to public decency. It is hereby ordained by the Comrmon Oouncil of the City of Saginiaw as follows: SECTION 1. If any person or persons shall expose Indecent his, her or their naked bodies within the limits of said epores. city, between the hours of four o'clock in the forenoon and nine o'clock in the afternoon, he, she or they shall, on conviction thereof, pay a fine of not less than one Penalty. 133 f'RDINAN(CES O,I''RIiE dollar nor rnore than twenty dollars, and in d(fau,lt of payment of said fine, miay be imprisoned in the county jail for not less than one day nor mrore than twenty (days,. Firing of SEC. 2. It shall not be lawful for anly person on the guns, etcl, p r ohibited firstday of the week, called Sunday, to fire any gun, on Sunday, ., n d o n rifle, cannon or pistol, within the limits of aid city, nor other days within ecr- shall it he lawful for any person or persons to fire any taim limits. gun, rifle or pistol, on any other day of the week withinl the boundaries embraced within the following limits of said city, to wit Farley street. Bond street, Emerson Exceptions. street, and the Saginaw River, excep)t for the destruction of noxious animals or birds of prey; anal whoever shall violate this, or the preceding section of this ordinance,, Penalty. shall be liable to tlhe penalty imposed irn.section one of this ordinance for every such offense, and upon a trial for such offense, proof of the firing of any cannon, gun, rifle or pistol shall be prima facte evidence of a viola tion of this ordinance, but no punishment or fine shall Pro,so. be inflicted for a violation of this seetiornl, provided the person accused shall make it satisfactorily appear, by his own affidavit or otherwise, that stich firing was for the destruction of animals or birds above excepted. Ordinances Sac. 3. All ordinances or parts of ordirnances, hereepealed. tofore passed by the Goinnon Council of this city, con travening, the provisions of this ordinance, he and the same are hereby repealed. Passed April 26, 1865. STEWART B. WILLIAMS, Mayor As F. R. BRALEY, Recorder. [Record Ordinance Book,, page 33.] 134 CITrY OF SAGINAW. An Ordinance relative to shade trees. It is hereby ordained by the Common Council of the City of Saginaw, as follows: SECTION 1. All shade trees hereafter to be set oult, Shadetrees, how set out. outside the walks on Court street and WTashington street, shall be set fifteen feet firom the lihe of lots, and all trees on said streets which may be set inside the walks on said streets, shall be set two feet from the line of lots, and shade trees to be set out on other streets in said city, outside the walks, shall be set nine feet from the line of lots, and all trees on lots last aforesaid, which may be set inside the walks, shall be set one and a half feet from the line of said lots. SEc. 2. If any person shall set out trees at other Penalty distances than those above mentioned, he shall be liable to pay a fine sufficient in amount to defray the expense of removing said trees, and also the sum of five dollars in addition, to be collected before the Recorder or any Justice of the Peace in this city. SEC. 3. No l)elson shall tie, or hitch, to any orna- Horses,etc., mental or shade trees standing or growing within the tite d to e shade trees, streets of this city, any horse, horses, team or teams, or etc. any animal whatever, under a penalty of five dollars for Penalty. each offense, to be recovered or[ the complaint of any person before the Recorder or any Justice of the Peace of said city. SEC. 4. Any person who shall wrongfully take and R e m oving n ~~~~~ trees, etc., carry away from any place any fruit trees, or ornamental wrongfully. trees, shade trees, ornamental shrub, or any plant, vine, bush or vegetable there growing, standing or being, with intent to deprive the owner thereof, or who shall, with 135 l3 ORDINAN(FS OF TIF out right and with wrongful intent, detach from the ground or injure any fruit trees, or ornamentai trees, shade trees, ornamental shrub, or any plant, vine, bush or vegetable, shall be guilty of a mnisdemeanor, (lnd, on Penalty. conviction. thereof, shall be punished by iml)irisonilent inr the county jail not more than thirty days, or by a fine not exceeding one hundred dollars, or by both fine and imprisonment, in the discretion of the Court. Adopted April 26, 1865. STEWART B. WILLIAMS, MayorO. A. F. R. BRALEY, Recorder. IRecoad Ordinance Book, page 14.] An Ordinance to prevent the existeice of houses of ill famne. Be it ordained by the Common Council of the City of Saginaw, as follows: Prohibition SECTION 1. NO occup)ant or owner of aany premises within said city, shall keep, or suffer to be kept on sai(d premises, a house of ill-fame. Prohibition. SEe. 2. No person shall resi(le il a honse of ill-fanic, or visit such house, for the purpose of prostitution.. Evidence. And if any person shall be found visiting any house of ill-fame, it shall be prima facie evidenrce of having visited for that purpose, but such person may excul pate himself or herself by reasonable proof. Reputation. SEC. 3. If it shall appear on the trial of any (ase inder this ordinarnce, that the general reputation of a house is that of a house of ill-fame, it shall be prima facie evidence that such a house is a house of ill-fame within the meaning of this ordinance; but any person may exculpate himself or herself by reasonable proof. 136 OP,DlN,ANCES OF TI,IE CITY OF SAGINAW. 137 SEC. 4. Any person who shall violate the provisions Fine, $100. of this ordinance, shall, on conviction thereof, be punished by a fine not exceeding one hundred dollars and the costs of prosecution, or by imprisonment in the Detroit House of Correction, for not less than sixty days, and not exceeding three months, and in the imnposition of such fine, the court may make a further sentence, that in default of payment of such fine and costs, such offender be imprisoned in the Saginaw County jail Imprison'd. for a period not exceeding three months. [Record Ordinance Book, page 157, June 19, 1873.] SEC. 5. The Marshal and police force of the city of A r r e s t without Saginaw, are empowered to arrest without process, proctss.ut all persons found offending against any of the provisions of this ordinance. SEC. 6. It shall be the duty of the Marshal to see D, t y of that the provisions of this ordinance are carried into Marshal. effect, and to give notice to the attorney for the city, of all violations thereof. SEC. 7. This ordinance shall take immediate effect. Adopted December 28, 1871. GEORGE F. WILLIAMS, Mayor. JOIHN B. SCHICK, Recorder. [Record Ordinance Book, page 1,TJ.] An Ordinance relative to vagrants. Be it ordained by the Common Council of the City of Saginaw: SECTION 1. All persons within the city of Saginaw, vagrants. who, not having visible means of support, are found Who a r e loitering or rambling about, or lodging or loitering vagrants. in drinking saloons, tippling houses, beer houses, houses ORDINANCE. OiF TIlE of ill-fame, houses of bad repute, vessels, sheds or barns, or in the open air, and not givin.g good account of themselves, or begging in the streets or elsewhere, all Keepers of keepers or exhibitors of any gambling table or device. g am bling z lables, etc. and all persons who for the purpose of gaming or for the purpose of watch-stuffing, travel about or go from place to place, and all persons upon whom may be found any instrument or thing used for the commission of bur glary, larceny, or for the picking of pockets (o locks, or anything used for obtaining money under false pretences, and who cannot give a good account of their possession 3~1 r t u n e of the same, and all fortune tellers, shall be deemed vatellers. grants, and upon conviction thereof, shall be punished File, $100. by a fine not exceeding one hundred dollars and costs of prosecution, and in default of the immediate payment Imprison'd. thereof, shall be committed to the D)etroit House of Correction until such fine be paid: Provided, such time of imprisonment shall not exceed the period of one year. Marshal's SEC. 2. It shall be the duty of the Marshal, deputy duty to aridest witahout Marshals, and policq officeers. of the city of Saginaw, process. to arrest without process, any person by them or either of them found violating any of the provisions of this ordinance. SEc. 3. This ordinance shall take immediate effect. Adopted August 17, 1871. GEORGE F. WILLIAMS, Mayor. JoHN B. SCHICK, Recorder. [Record Ordinance Book, page 133.] 138 An Ordinance relative to the appointment of an In spector, and the measurement of fire-wood. It is hereby ordained by the Commnon Council of the City of Saginaw: SECTION 1. There shall hereafter be one officer in Inspector h ow apand for said city of Saginaw, to be denominated In- pointed.ap spector of fire-wood, to be appointed by the Common Council, to hold his office for one year, or until his successor is appointed and qualified, and who shall possess and exercise the powers and duties hereinafter provided. SEC. 2. The Inspector shall, before entering upon the Inspector du t i e s of his office, execute a bond to the city of Sagi- to give bond naw City, with one or more sureties conditioned for the f a ithful performance of the duties of his office, and shall a l s o subscribe the usual oath subscribed by other officers Oath of of flee. of said city. SEC. 3. The Inspector shall keep an office at or near Inpsectorto keep an ofthe corner of Hamilton and Court streets in said city, ee ofe and the same shall be open each day (Sundays excepted) between the hours of 7 A. M. and 6 o'clock P. M. SEC. 4. The Inspector shall receive for his services Fees of Inthe following compensation, and no more: For nieas-spector. uring a load drawn by one horse or other animal, five cents; a load drawn by two or more horses or other animals, ten cents; for measuring wood brought to the citv in boats or other water craft, or by cars, as follows For ten cords or under, ten cents per cord, and five cents for each additional cord. SEC. 5. No person shlall sell or offer to sell any fire- Wood must be inspected wood by the wagon, cart, sled, boat, or other water craft, before sale. or car-load, unless the same has been measured by said 139 C.IT'Y OF SAGINAW. Inspector; and if necessary to, the more accurate measurement of wood brought to said city by boat or car, the owner or person in charge thereof shiall, on request of the Inspector, cause it to be piled in a convenient place for that purpose. Inspectorto SEC 6. On the receipt of his legal compensation, give certfi- eaten. the Irnspector shall deliver to the persorn employing him a certificate, stating the number of feet corntaine(d in the load measured by him, or the number of cords or parts of cords contained in arny I)at or water craft, or car or pile measured by him; and in making his meastrement, he shall examine carefully the manner in which tlie wood is, piled in the vehicle, boat, craft, car or pile, and make a reasonable and fair deduction for improper or unfair piling, or for the crookedness or unevenness of the wood. The Inspector shall keep a receipt book in which he shall enter, in ink, the names of the owners of' wood and the amount of the same, measured by him. The entry shall be made upon the margin of the book, together with the date and the hour when stnch measnTreen,net was made. The owner of the wood must, in, everyr instat'lce, surP'u r eposev thitle rtiofi render to the purchaser of the wood the certificate re ceived by him from the Inspector.tif,aers' ceived by him from the Inspector. Penalty for SEC. 7. If said Inspector shall be gulilty of taking or ):tking illegal fee. demanding more compensation for his services than is pre scribed by this ordinance, or shall be guilty of any fraud in his office, he shall, in addition to the punishment hereinafter prescribed, be removed from office by the Common CoIuncil of said city. penalty for SEC. 8. Any violation of, or failllre to comply with violation of t hitSL ordi- the provisions of this ordinance, shall be punished by a fine not to xceed one hundred dollars and the cots of *fine not to exceed one hundred dollars and the costs of: 140 ORD,INANCES OF TII'E (CITY OF SAGINAWV. 141 prosecution and in the imposition of any such fine or costs, the court may make a further sentence, that the offender be committed to the county jail of Saginaw County until the payment thereof, for any period of time not exceeding three (3) months. SEC. 9. Every wagon, cart, sleigh, boat, vessel or car All wood must be inload of fire-wood brought to said city for sale, before spectea bethe sarme shall be offered for sale, shall be subject to measurement by the Inspeclor of fire-wood in and for said city; and in case of a refusal of the person or per- Refusalo tod ' ~~~~~~~~~~~~~have wood sons in charge of' said wood, to have the same measured ilnO sfpneeted $1.00 fine. and to Iay the Inspector his lawfll fees therefor when demanided, he or they shall be liable to the pains and penalties mentioned in the last preceding section of this ordinance. Adopted January 16, 1872. G(EORGE F. WILLIAMS, Mayor. JOHN B. SCHICK, Recorder. [Record Ordina)nce Book, page 131.] An Ordinance to provide for the appointment of Com missioners to take charge of the construction and have the management of the Water Works of the city of Saginiaw. It is lhereby ordained by the Common Council of the City of Saginaw: SECTION 1. That David H. Jerome, Ezra Rust, Commistr'. William Binder, Dan P. Foote and George L. Burrows be and they are hereb- named and constituted as a Board of Commissioners of the Saginaw Water W(rks, who, and their successors in office, shall be known by the name and stvle of the Board of Commissioners of the Saginaw Water Works. 142 ORlDINANCES OF'[THE Term o f SEC. 2. The said Commissioners shall hold their office of coriginaloffices respectively one, two, three, four and five years Commis'er. from the 7th day of December, A. D. 1871, and until their successors are appointed and qualified, and said Commite'er Common Council shall, on the last regular meeting preappointed. vious to the 7th day of December of every year here after, appoint a citizen of said city, being a qualifie(dl voter and freeholder, as a Commissioner who shall hold his office for five years firom the said 7th day of DecemProviso. ber: Provided, That this section shall not be con strued to disqualify any meml)er of said Board for re appointment; and in case of death or resig,nation, or removal from the city of any of said Commissioners, the Common Council shall, as soon thereafter as practicable, fill such vacancy for the remainder of the term by ap pointing some citizen of said city, being a qualified elector and freeholder. SEc. 3. Said Commissioners shall, within ten days Term of offire deter- after the passage of this ordinance, decide by lot their mined. respective terms, which decision shall be certified in writing to the Common Council of said city, and the same be entered of record on the books of the said Common Council. Sec. 4. The Commissioners shall choose one of their rthe Board.f members as President, who shall hold his office. at the pleasure of the Board, and in case of his death, resigna tion or removal from the city, the Board shall have power to fill the vacancy so caused. [Record Ordinance Book, page 17.3.] C ommiss'rs SEC. 5. Said Commissioners may, from time to time, may make by-laws. make and adopt such by-laws, rules and regulations as they shall judge proper foir their own and the governProviso. ment of their officers and employes: Provided, That CITY OF SAGINAW. such by-laws, rules and regulations shall first be submitted to the Commron Council and approved by that body. SEC. 6. The Treasurer of the city of Saginaw Teauer to keep acshall open and keep a Water Works account, which count. shall exhibit all amounts paid into said fund, either loans, water rents or taxes, and also all amounts expended on account of said fund. and he shall in addition to his other duties, collect all water rents under the dilection of said Commissioners, and shall give a bond to said city in such sium, and with such sureties, as said Common Council may require, conditioned on the faithful performance of his duties as such collector. SEc. 7. It shall r(equire a majority of said Commis- Quorum. sioners to constitute a quorum for the transaction of business, though a minority may legally adjourn any mneeting, thereof. SEC. 8. As soon after the passage of this ordinance D u t y of Board. as possible, said Board of Commissioners shall examine and consider all matters relative to supplying the city of Saginaw and its inhabitants with a sufficient quantity of pure, wholesome water, to be taken from the Tittabawassee river or such other source as may be deemed expedient for such purpose, and for this purpose may empi)loy in the name of the city, engineers, surveyors and such other persons as in their opinion may be necesary to enable them to perform their duties under this ordinlance, and to fix their compensation; but said Commissioners shall not, directly or indirectly, receive any compensation for their own services. SEC. 9. The said Comnmissioners shall devise a gen- Plan to be devilied. eral plan ot supplying the city with water, which plan 143 ORDINANCES OF TIIL' shall embrace the system of hydraulic works to be pur chased, and all other matters they mnay think proper to include in said plan, and shall submit said plan to the Plan to be Conmmon Council of said city. Upon such plan being confirmed. I confirmed and adopted by the Common Council, it shall be certified to by the Recorder of said city and filed in the office of the Board of Commissioners of the Sagi naw Water Works, and shall firom the time of its adop tion be and become the permanent plan of supplyiing Alterationas the city with water, subject to alteration only on the o plan. recommendation of at least four members of said Board and the approval, by at least two-thirds of the members elect of the Common Council, certified and filed as hereinbefore provided. [Record Ordinance Book, page 124.] SEC. 10. The said Board shall, upon the filing of said plans, recommend and report to the Common C)ouncil the construction of such hydraulic works, the puirchase of such real estate upon which to elect such works, the laying and construction of such distribution pipes, the purchase of such machinery and material, and the doing of such work connected therewith, -as said Board shall deem necessary, and shall accompany such recommendatory report with careftul estimates in detail of the probable cost and expense of whatever they recommend. PBoweard s to SEc. 11. Upon the adoption of said report in whole purchase of land -a n d or part, said Commissioners are hereby authorized, and c o n st ruert W a" t e r it is made their duty for and in behalf of said city of Works. Saginaw City, and as the lawfully authorized agents of said city, to purchase such lands, machinery and material, and to provide for the doing of such work, and the erec tion and construction of such buildings and reservoirs as 144 CIT[Y OF SAGINAW. shall be mentioned and approved of by the said Comnmon Council in the report provided for in the last preceding section: Provided, That the job of laying the distrib- Proviso. uting pipes and the establishment of hydrants, and the furnishing of materials for, and the construction and erection of all buildings shall be let to the lowest responsible bidder or bidders, who shall give security for the faithful performance of their contract to the satisfaction of said Board, ten day's public notice of the letting of Pioblicf not rice of letsaid work being first given in such a manner as the said ting work. Commnissioners shall deem most expedient. SEC. 12. No Commissioner or member of the Corn- Prohibition. mon Council shall be directly or indirectly interested in any contract relating to the furnishing of materials for, or the work of constructing said Water Works, nor shall they or any of them become surety on the bond of any person contracting to do any work or furnish any materials to be used therein. SEC. 13. Said Board of Commissioners are hereby C ommiss'rs charged with the control and supervision of said work, tontOl v f control f and the erection and establishmint of said Water Works, ok. and themselves and all others acting under their authority shall have the right to enter upon any land or water May enter upon lands, for the purpose of making surveys, and may make any etc. and all excavations in said city that may be necessary in the prosecution of said work of putting in said Water \Vorks, but shall guard such excavations in the manner provided for in the existing ordinances of said city, and shall cause the surface of the ground to be restored to its usual condition, and all damages done thereto and to sidewalks, paving and planking to be repaired. 145 ORDINANC( OF'I'HE Bo a rd to SEC. 14. Said Board shall certify to the amount due certify am't dueononon- upon all contracts, and for all materials furnished ant tracts, etc. rats, etc. labor performed in constructing or repairing said Watter Works, and all bills an(d accounts thus certified shall be Comptroer audited by the Comptroller of said city and presentet Comptroller ,ouantditetc. by him to the Common Council in the sate manner as. other bills and accounts against said city, and shall be paid out of said Water Workls fund. SEC. 15. Said Board of Commrnissioners shall have charge and management of said Water Works during the construction and after the completion thereof, and it shall be their duty as soon as practicable to recommend to the Common Council such r iles, regulations and ordinances relating to the fixing and establishing of water rates or rents and the lduties and rights of plumb ors, as shall in their judgment be proper and necessary, Borda fter SC 6 iOardl, SE. 1756. From and after the fifteenth (15th) day of tutedl and April, 1875, the Board of Water Commissioners shall appointed. consist of the City Comptroller and four other members, who shall be resident tax-payers of said city, appointed by the Common Council, one of whom shall be appointed for one year, one for two years, one for three years, and one for four years; and after the first appointments made by the Council under this section, the Common Council Appo~int- in the month of April of each year, shail appoint one ment, when made. Water Coimmissioner who shall hold his office for four years. The Common Council shall fill by appointment V a cancies, how illd. any vacancies that may occur in said Board; and the Commissioners who qualify and enter upon the discharge of their duties, shall hold their offices for the terms for which they were appointed, and until their successors shall be appointed and qualified. The Comptroller shall Secretary oft .oard- be Secretary of the Board, and shall keep a complete and 146 CITY OF SAGINAW. correct record of its doings, which record shall be authen- To k e e p reeord. ticated by his signature and the signature of the President-of the Board, and shall be prima facie evidence of the matters there recorded. The Comptroller under Comiptroller to purchase the direction of the Board of Water Commissioners, upplies' shall purchase all materials and supplies required for the use of the Water Works, and he shall keep a book wherein he shall enter an account of all material and supplies by him purchased for the purpose aforesaid, showing when, of whomi purchased, and the cost thereof. The Comptroller shall also keep an account with all Account with conconsumers of water, and all applications to use water,umer shall be made to him. [Record Ordinance Book, page 193.] SFc. 17. The Board of Water Commissioners shall Power and duties o f have power, and it shalt be the duty of said Board to Board. take the care, charge and management of the city Water Works, and at all times to control, manage and direct the same except as provided for in section eighteen of Board may this ordinance;. Tlhe Board shall appoint and employ all appoint em ployes subengineers, firemen, laborers and other persons necessary to ject to a proval o f be etmpl)oyed in and about the Water Works in the ordi- council. nary operation thereof and in the repair and extension thereof (when the same shall be lawfully extended), and Board rnay subject to the approval of the Common Council, may fix pay. fix the compensation of all persons so appointed and employed, and, subject to the like approval, change the .same from time to time; and may discharge such appointees and employes at pleasure. The appointment or employment of any person by the Board shall at once be reported to the Common Council by the Secretary of the Board. The power conferred upon said Board by this ordinance shall at all times be exercised subject to 147 ORDINANCES OF TIlLi and in compliance with the by-laws and ordinances of the city; and the said Board shall not have power to alter, vary or modify the present plan or system of water works. There shall he no alteration or addition to, or extension of, the water pipes as heretofore established and now existing, except in the manner and upon tihe conditions provided for in section nine (9) of this ordinance. [Recor(d Ordinance Book, page 193.1, When Chief SEC. 18. Whenever an alarm of fire shall be given, Engineer of Fire Dep't the Chief Engineer of the Fire IDepartmenet of the city, m ay have chWarge f or the person lawfully acting in his place, may take -Works. charge of and have the full and entire control of the Water Works, its machinery, hydrants and apl)urte nances, andc all persons eml)loyed as engineers or fire men, or in any other capacity about the Water Works, shall be subject to his lawful orders during the time his. authority may continue; and he shall have like control over the Water Works and all persous enl)loyed( about the same, whenever in his jludgmnent it is fbr the public interest to exercise the firemen or to use the Water Works for any of the proper purposes of the Fire DepartDuration of ment. The authority here given to the Chief Engineer such authority. and to the.)erson lawfully acting in, his place, shLall con tinue during the existence of any fire and until the oc casion for calling out thle firemen has wholly ceaseld.; and also during the time he may deemr it necessary to exer cise the firemen as above provided for,, or to use the Water Works for the proper purposes,)f the Fire D)e partment. Any person employed in or about the Water Works who shall refuse to obey any lawful order of the Chief Engineer of the Fire Department, or the person lawfully acting in his place, or the Water Commissioners, 148 CITY OF SAGINAW. 149 shall, on conviction thereof, be fined not less than ten and not more than one hundred dollars and costs of prosecution; and the person so convicted may be imprisoned in the Saginaw county jail until such fine and costs are paid, but such imprisonment shall not exceed sixty days. [Record Ord. Book, page 193.] Approved December 7, 1871. GEORGE F. WILLIAMS, Mayor. JOHN B. ScHIcK, Recorder. [Record Ordinance Book, page 119.] An Ordinance in relation to cross-walks. Be it ordained by the Mayor, Recorder and Aldermen, of the City of Saginaw City, in Common Council con vened: SECTION 1. That all cross-walks hereafter to be laid in this city shall be made of the width of the sidewalks of which they form a part, and be constructed of sound pine, hemlock, or oak plank, square-edged, and not less than three inches in thickness, and to be laid according to the directions of the Street Commissioner, unless otherwise ordered by the Common Council. Adopted August 21, A. D, 1858. GARDNER D. WILLIAMS, Mayor. NEWTON D. LEE, Recorder. [Record Ordinance Book, page 106, Journal of 1858, page 143.] , (RDINANCESU OlY TlHE An Ordinance relative to the Public Health. It is hereby ordained by the Common Oouncil of tlhe Gity of Saginaw: OrgBoardt'f SECTION 1. The Common Council may immediately Heath. on the passage of this ordinance and at the regular meeting of- said Common Council next preceding the ninth day of February in each year hereafter, al)lpoint four suitable persons, residents of said city, who shall be and are hereby copstituted a "Board of Health's in and for the city of Saginaw, with powers and duties hereinafter Quoru-0. prescribed, and a majority of said Board shall constitute a quorum for the transaction of business. City Physi- SEC. 2. The City Physician shall by virtue of his. eian. office, be ex-oxcio member of said Board. President. SEC. 3. At the first meeting of said Board they shall select from their number a President, to hold his position Reorder to during the pleasure of said 13oard. The Recorder of the Board. said city shall be the Clerk of said Boar(d, and keel rethe Board. si hl ~1 ~adk~rt ular minutes of their proceedings in a book to be pro vided for that purpose. aower o - SEC. 4. The Board of Health shrll have power and lkard. it is hereby made their duty 1Ist. To make, and to direct to be made, Iiligent in quiry with respect to all nuisanees of every description in said city, which are, or may be, injurious to the pub lie health, and abate the same. 24. To stop, detain and examine, or direct to be stopped, detained and examined, every person coming from a place infected with a pestilential or irnfctiotus disease, in order to prevent the introduction of the same into this city. 150 3d. To cause any person, not a resident of this city, M a y re move nonwho is infected with any infectious or pestilential disease, refidents. to be sent back to the place from whence he or she came, or to the pest-house or hospital. 4th. To cause any person, a resident of this city, who M a y re move resiis infected with any pestilential or infectious disease, to dents. be removed to the pest-house or hospital, if, in the opinion of the Board, the removal of such person is necessary for the preservation of the public health: Provided, however, That such removal can be effected with safety to the patient. 5th. To destroy any furniture, wearing apparel, goods, M a y dewares or merchandise, or articles, or property of any edpstroy infect-y. kind, which shall be exposed to or infected with a contag,ious or infectious disease: Provided, however, That such property shall be appraised by two disinterested persons, in order that remuneration may be made therefor by the Common Council. 6th. To rent or construct proper houses, to be used May rent pest-house. for pest-houses and hospitals. 7th. To employ such nurses, officers, agents, ser- Mayemploy nurses. vants or assistants, and provide the necessary furniture, medicines, articles and necessaries, for the uses of the pest-houses or hospitals, and the persons therein confined, as may be deemed necessary. 8rth. To require the occupant of any dwelling house Small pox card. May store, shop, or other building in which there shall be any require oc cupant t o person sick with small pox, or varioloid, to put up and put up. maintain in a conspicuous place, on the front of said dwelling house, store, shop, or other building, a card or sign, to be furnished by the Board, on which shall be 151 CITY OF SAGINAW. ORD.INANCES OF T1TIIE written or printed, in large letters, the words "Small Pox:" and in case of the neglect or refusal of any person to comply with such requirement, to remove the patient therein to the pest-house or hospital. To m a k e 9th. To make any order requiring any steamTules. boat, or other vessel or craft, having on board any in fected or diseased person or property, not to stop at any dock in said city, or t(o remnove therefrom. To comakne 10th.' To exercise a general supervisiorn over the i e commendationsto aCouncil. t health of the city, and to make from time to time, sucl recommendations to the Colmmon Council as they deem proper, to promote the cleanliness and saltniity of the city. To make 1lth. To make and determine the rules of its own -ules. proceedings. May divide 12th. The Board of Health shall annually, and eity. city. oftener if they deem it necessary, divide the citv into health districts. Small pox 13th. The Board of Health shall provide and keep cards. on hand a supply of cards marked "Small Pox," to be put upon any house in which there may be a person sick of that disease or the varioloid; and such cards, upon application, shall be furnished without charge. May take 14th. Whenever in their judgment it shall be n.ecesp o s session fbuil'dings sary for the public health, to at once take possession of when. a nui ane any building, factory, hotel, dwelling house, out house, premises or grounds, upon which in their judgmnent, there exists any nuisance prejudicial to the public health, and if the owner or occupant shall refuse or neglect to forthwith abate such nuisance in the manner 152 CrTY OF SAGINAW. 153 directed by said Board, said Board may cause the same to be abated forthwith in such a manner as they may deem proper, and all expenses incurred shall be a legal claim against the owner and a lien upon the premises, to be collected in the same manner as other special assessments. The said Board may also, when they deem Mea Y close it requisite for the public health, at once, and by force places. if necessary, close up such houses, buildings, hotels and premises, and exclude all occupants therefrom until such nuisance be fully abated and the air of such building or premises is thoroughly purified. Any person who shall resist the action of the Board, or their agents under this subdivision, shall be liable to the penalty provided for in section sixteen of this ordinance. 15th. And said Board are further authorized to May adopt m aues adopt such measures as shall in their judgment be nec- for security -' ~~~~~~~~~~ of inhabiessary to secure the inhabitants of said city from con- tants. tagioIus, malignant and infectious diseases, and for that purpose may enforce vaccination throughout said city; and any and all persons resisting any lawful order of said Board shall be liable to the penalties provided for in section sixteen of this ordinance. SEC. 5. The keeper of any tavern, boarding or pub- Duties of keepers of lic house, in which any inmate thereof shall be sick with -u eb s i c houses. small pox, varioloid, or other intectious or pestilential disease, shall forthwith report the same to the Board of Health, or to some member, or to the Clerk thereof; and the keeper or keepers aforesaid, if required bythe Board, shall close such house immediately, and keep it closed against all lodgers and customers, until the patient is removed, and such house is thoroughly cleansed and ventilated. 154 ORDINANCES OF T'riE Duties of SEc. 6. Every physician, or person acting as such physicia. who shall have a patient sick of the small pox, varioloid, or other infectious and pestilential disease, shall forth with report the fact, in writing, to the President of the Board of Health, together with the name and place in said city, where such patient is treated, and the Presi dent shall report the same at the next meeting of the Board. Duty of oc- SEf. 7. It shall be the duty of the occupant of any eupant o f house where dwelling house or other building, in which there shall be small pox' exists small pox or varioloid, to put up and maintain, in a conspicuous place, on the front of such building, a card or sign, to be furnished by the Board of Health, on which shall be written or printed the words'"Small Pox," and such sign or card shall be kept on such build ing during all the time any person so diseased shall re main therein, and no person shall take take down, in β€” jure or deface such card or sign. P ersons SEc. 8. All persons having small pox, varioloid, or small p ox other contagious or infectious disease, are hereby renay be kept eonfined. quired to be kept closely confined within their respective dwellings or places of abode; and no personi who has been confined with such disease, shall leave his or her place of abode and go about the city, until, in the opin ion of his or her physician, it can be done without dan ger of communicating the disease to others. Pohibition SEC. 9. No person having the small pox, varioloid, or other contagious disease, shall go about the city. Board and SEC. 10. It shall be the duty of said Board or some m e m bers thereof may authorized member thereof, in said city, to enter upon enter houses orexamin.- the premises and into the house of every person in the city as often as they shall deem necessary, and to examine into the health, cleanliness, and number of persons inhabiting such house, and inspect the cellars, vaults, privies and sewers on said premises. SEC. 11. Said Board shall have the authority to incur Boadr may incur insuch indebtedness as shall be necessary for the proper debtedness. execution of its powers granted in this ordinance, which shall be submitted to the Common Council for audit and allowance in the same manner as other demands against D e b t of Board to be the city, and shall be paid out of the Contingent Fund paidby city. accordingly. SEc. 12. All debts lawfully contracted by the Board D e b t s of Board to be of Health, shall be paid by the city, in the same man- paid by the city. ner that other claims and demands against said city are paid. SEC. 13. No person shall b)ring, or cause to be Infected persons exbrought into the city of Saginaw, any person infected cluded. with the small pox, varioloid, or any other infectious or pestilential disease. SEC. 14. The Board of Health, through its Presi- Bo arad to m a ka dent, shall, on the first Tuesday of each month, and monthlyree ports to oftener if required, make a report to the Common Commncil Council. Council, giving any information in their power in respect to the health and salubrity of the city, and also a detailed statement of what money has been expended by them, and for what purpose the same has been expended. SEc. 15. The pest-houses and hospitals of the city Pest houses and hosshall be under the control and direction of the Board of tanld. hospiHealth. ,CITY OF SAGINAW. 155 15 RIA-~ FTT Penalty for SEC. 16. Any violation of or failure to comply with a violation ofthis ordi- the provisions of this ordinance, or failure\ or neglect to nance. comply with any of the requirements of the Board of Health, shall, on complaint to the Recorder or any Justice of the P'eace of said city, be punished by a fine not to exceed one hundred dollars and costs; and in the imposition of any such fine and costs, the court may make further sentence that the offender be imprisoned in the county jail until such fine and costs be paid: Proviso. Provided, however, That the term of such imprison ment shall not exceed the period of six months. SEc. 17. This ordinance shall take immediate effect. When nui- SEc. 18. Whenever the Board of Health shall desance to be sabnted h termine by a resolution, to be entered at length upon the How t h e record of its proceedings, that there exists any nuisance Board shall proceed in prejudicial to'the public health, upon any lot, lots or r elati on thereto. premises (describing the sanme), and pointing out the na ture and character of such nuisance, and shall have caused Copy of resolution t o a copy of such resolution to be served upon the owner or be served on occupant. occupant of such lot, lots or premises, together with a notice forthwith to abate and remove such Inotice, it shall be the duty of the owner or occupant of such lot, lots or premises, to cause such nuisance to be forthwith Duty of on- abated and removed; and any owner or occupant of any cupant o n. r eoei vlng o, lot s or premises, described in such resolution, who notice, and penalty for failulrtY fo shall omit, neglect or refuse, after such notice aforesaid, comply. comply. forthwith to abate or remove such nuisance, shall, on conviction thereof, be punished by a fine of not less than ten dollars and not more than one hundred dollars and costs of prosecution: and the court imposing such fine may make a further sentence, that the person so fined be imprisoned in the Saginaw County jail until such fine 156 ORDI-NANCES OF T,",IE, CI'rY OF SAGINAW. and costs be paid: Provided, however, That such imprisonment shall not exceed sixty days. [Record Ordinance Book, page 154.] SEC. 19. Whenever the Board of Health shall de- Du t y of P r es i dent termine by resolution, as provided in section eighteen of ana Secre tary in relathis ordinance, that there exists in any alley in this city tion to nui sances. any nuisance prejudicial to the public health, the President or Secretary of said Board shall cause a copy of such resolution to be served upon the owners or occupanlts of the lots or premises adjacent to said alley, together with a further notice to abate the same; and it shall be the duty of any owner or occupant of any lot D u ty of owner or oeor premises adjacent' to such alley, upon whom such no- cupant on receipt o f tice shall be served, forthwith to abate and remove the notiee. sam e adjacent to the lots or premises owned or occupied by him; and in default thereof, such owner or occupant shall be punished as provided in section eighteen of this ordinance. [Record Ordinance Book, page 154.] SEC. 20. It shall be the duty of the Marshal of said Marshal to serve nocity, forthwith to serve any and all notices delivered to tlcesf ofr Board. him for service by the President or Secretary of the Board of Health. And this ordinance shall take immediate effect after publication. lRee. Ord. Book, p. 154.] Adopted February 9, 1872. JAY SMITH, Mayor Pro tern. JOHN B. ScHIcK, Recorder. [Record Ordinance Book, page 1.38.] 157 A.4n Ordinance to establish a market place for the sale of wood, hay and meat from wagons, sleighs and other vehicles. It is hereby ordained by the Commnon Council of the City of Saginaw: M a r k e t SECTION 1. That a market place for the sale of place, wood, hay a n d wood, hay and meat, flont wagons, sleighs and other meat. Established vehicles, be and the same is hereby established on Court whlere. street, between Fayette street and Washington street. Vehicles, SEC. 2. All persons standing or waiting upon said how placed on th p market place, with any wagon, sleigh or other vehicle, ket. having wood, hay or meat thereon, shall cause such wagon, sleigh or vehicle to be placed lengthwise with said Court street, and parallel with the line thereof, and not more than twenty feet from the sidewalk, on one or the other side of said street. Vehicles not to stand in the streets, etc. SEc. 3. No person shall leave, wait or stand with, any wagon, sleigh or other vehicle, having wood, hay or meat thereon, in or upon any street, alley or public place within said city, other than the market place established by this ordinance. Marshal, SEC. 4. It shall be the duty of the City Marshal duty of. and his deputies, and of every policeman and constable Notice b y of this city, to promptly and immediately notify all Marshal. persons of this ordinance, who may by them, or by either of them, be found violating any of its provisions; and Penalty for all persons who, after being so notified, shall violate any refusal t o ac oeup 1 y provision of this ordinance, or shall refuse, fail, neglect after notice. or omit to comply therewith, shall, upon conviction thereof; be punished by a fine not exceeding twenty dollars. 158 ORDINANCES OF THIR CITY OF SAGINAW. 159 SEC. 5. This ordinance shall take immediate effect. Adopted January 23, 1871. WILLIAM H. SWEET, Mayor. JOHN B. SCHICK, Recorder. [Record Ordinance Book, page 117.] An Ordinance relative to the appointment and duties of Sealer of weights and measures. It is hereby ordained by the Commnon Council of the City of Saginaw: SECTION 1. There shall be in and for the city of Sealer of weights and Saginaw, an officer to be denominated the Sealer of measures. weights and measures, who shall be appointed by the Common Council of said city, shall hold his office dur- Term of of flee. ing thie pleasure of said Common Council, shall have the exclusive power to perform all the duties pertaining dowtiersOafn.d to his office, and shall, during the time he is directed by the Common Council to perform said duties, try and prove all scales, beams, weights and measures used in said city for the purpose of buying and selling; and such as he shall find conformable.to the standards kept in his office, he shall stamp with the word "Approved," or the letter "M," and the year in which said inspection is made; and such as he shall find not to be conformable to said standard, he shall stamp with the word "Condemned," and the year in which the inspection is made. SEC. 2. The Sealer of weights and measures shall To be pro vided with be provided by the city of Saginaw with a book, to be a book. kept in his office, in which he shall register in alphabet- Contents of ical order the name of each person whose weights, book. measures, scales, beams or other instruments he has in 160 ORDINAAS OF THF spected, the number and size of the same, and what number of each was approved an(l condemned, with the time of inspection, and such book shall at all reasonable times be open to the inspection and examination of the public.. To m a ke SEC. 3. It shall also be the duty of said Sealer of yearly i n. sYpection. weights and measures, once in each year, and oftener if he deems it necessary, to inspect all wood boxes orl measures used by wood dealers in said city, from which is sold or offered for sale, or delivered, sawed or sawed and split wood by the cord, half cord or less quantities; and all such boxes or measures found conformable to the standard (which standard shall not be less than one hundred and twenty-eight cubic feet for a cord) to be kept in his office, he shall stamp with the word "AI) proved," and the year in which each inspection is made. All persons SEC 4.u oexii Amust exrhib- SEc. 4. No person shall neglect or refuse to exhibit mut exheibweights,etcr. any weight, measure, scale, beam or other instrument used by him or her in weighing or measuring, or any box or measure from which is sold or offered for sale, or delivered, any sawed or sawed and split wood, in any quantity, to the Sealer of weights and measures, when demanded by him for the purpose of having the same inspected. ."Approv- SEC. 5. No person shall use for buying or selling, edl" weights peso us~oro and meas- ures only any weights, measures, scales, beams or other instru ments, or for buying, selling or delivering sawed or sawed and split wood, in any quantity, any box or measure, unless the same has been inspected and stamped "Ap proved," or with the letter "M," by the Sealer of weights and measures. And all boxes or measures from which 160 ORD-INANCES OF THE CITY OF'iAGINAW. 161 sawed or sawed and split wood is sold, offered for sale or delivered, shall be bound by an iron band running around the upper edge thereof. Sec. 6. Any person who shall neglect or refuse to Penalty for ~ ~ ~ ~ ~~n non-compltexhibit his weights, measures, scales, beams or other in- nte withli this ordistrumients used for the purpose of weighing or measur- nance. ing, to the Sealer of weights and measures, or neglect or refuse to exhibit to said Sealer of weights and measures, when demanded by him, any box or measure used for the purpose, sale or delivery of sawed or sawed and split wood as above provided, for the purpose of having the same inspected as hereinbeforie provided, or who shall use ill buying or selling, any weights, measures, scales, beams or other instruments used for weighing or measuring, or shall use for the purpose of buying, selling or delivering wood as aforesaid, any box or measure which shall have been inspected and condemned by the Sealer of weights and measures, or which not having been in spected and approved, shall not be conformable to the standards provided by law, shall be punished by a fine not to exceed one hundred dollars and costs of prosecu tion; arid the court may make a further sentence, that the offender be imprisoned in the jail of Saginaw County until the payment of such fine and costs: Provided, That such imprisonment shall not exceed the period of thiree months. SEC. 7. The Sealer of weights and measures shall, F e e, of for inrspecting and proving as herein provided, be entitled "ealer. to demand and receive from the owner or possessor of such weights, measures, scales, beams or instruments, the following fees: For a hay, coal, cattle or depot scale, two tons or more, $2; for a platform scale, $1; for a beam scale, thirty-five cents; for a counter, union (ORDINANCES OF THE counter or grocer's scale, twenty-five cents; for a union counter platform scale, weighing from 160 to 200 pounds, forty cents; for spring balance or butcher's scales, twenty-five cents; for weights of seven pounds or more, three cents; for a nest of weights of four pounds, twelve cents; for a nest of weights of eight pounds or more, fifteen cents; for comparing a bushel measure, fifteen cents; for comparing a half-bushel measure, ten cents; for comparing any dry measure less than a half bushel, five cents; for comparing wine, ale and beer measures, containing three gallons or more, ten cents; for any measure containing less than three gallons, five cents each; for each vard measure and each sub-division, six cents each. [Rec. Ord. Book, page 152.] Adopted August 17, 1871. GEORGE F. WILLIAMS, Mayor. JOHN B. SCHICK, Recorder. [Record Ordinance Book, page 139.1 An Ordinance relative to the protection of pwblic lamps and lamp-posts. It is hereby ordained' by the Common Council of the City of Saginaw: Who to con SECTION 1. The public lamps and lamp-posts in the trollamps. city of Saginaw shall be under the supervision of the Saginaw Gas Light Company and the Committee on Gas. Lamp posts SEC. 2. No person shall willfully, maliciously or nottobeinlured. negligently injure, pull down, break, remove, or in any manner deface or injure any public lamp, lamp-post, crotchet, or gas light within the city of Saginaw. 162 CITY OF SAGI NAW. 163 SEC. 3. No person shall light or cause to be lighted, Lamps t o b e lighted or extinguish or cause to be extinguished, any public y by ~~~~~~~~~~~~~~~~~tin p e rlamp or gas light without authority either from the sons Common Council, Mayor, Comptroller, or the Saginaw Gas Light Company. SEc. 4. No person shall hand or place any article or norees. not to be hitchsubstance whatever upon, or place any box or other ed to posts. heavy material against, or hitch any horse or other animal to any public lamp or lamp-post in said city. SEc. 5. No person shall erect, place or suspend any LlaamepstoLby placed only lamp or lamp-post in any public street, lane or alley in yCuorer of said city without permission from the Common Council. SEc. 6. Any violation of the provisions of this ordi- Penalty. nance shall be punished by a fine not to exceed the sum .of twenty-five dollars and costs;. and in the imposition of any fine and costs, the court may make a further sentence that the offender be imprisoned in the county jail for Saginaw County until the payment thereof, for a time not exceeding three months. Adopted August 17, 1871. GEORGE F. WILLIAMS, Mayor. JOIHN B. SCHICK, Recorder. [Record Ordinance Book, page 146.] An Ordinance to provide for planking the Saginaw City Street Railway. WHEREAS, it is deemed necessary, in order to protect the interests of the public using the streets of the city Preamble. of Saginaw along which the street railway is laid, that the same should be planked within the track, and for two and one-third feet in width on each side without the track of said railway, therefore 164 ORDINANCES OF THIE It is hereby ordained by the Common Council of the City of Saginaw: ai ilway SECTION 1. That it shall be the duty of the Saginaw track to be maintained City Street Railway Company, its Superintendent, on grade of streets. agents, officers, track-layers, and all persons engaged in maintaining, running, operating and repairing said rail way, to maintain and keep the said railway track of said company on the same grade of the streets along which T o b e the same is laid, and to plank the same, within sixty planked on ce r ta i n days from the passage of this ordinance, firom its terstreet es. minus at Mackinaw street, its entire length to the city limits, and thereafter to keep and maintain the same as hereinafter provided. How plank- SEC. 2. The entire width between the tracks, and for ed. the width of two and one-third feet on each side imme diately outside the track, and adjacent thereto, shall be well planked with good, sound planks, not less than three inches in thickness, and so laid that the upper sur face inside the track shall not be nmore than three-fourths of an inch below the top of the rails between the same, and sloping away firom the rail, on the outside, at an inclination of not more than ten degrees fromn horizontal on the side next the center of the street, and not mnore than fifteen degrees on the side next the gutter; the edge of the plank next the rail to be not more than one half an inch below the upper surface of the rail. Penalty for SEC. 3. Any Superintendent, agent, officer or trackviolation of t h is oradi- layer of said company, and any other persons, that shall laance. violate any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not less than five nor more than fifty dollars, or by impris onment in the common jail of the county of Saginaw CIT'Y OF SAGINAW..165 not more than thirty days, or by both such fine and imprisonment in the discretion of the court before whom such conviction shall be had. And the Superintendent, and any other officer of said company, shall be subjected to a further penalty of twenty-five dollars for each and every twenty-four hours, after the expiration of said sixty days, that said railway track shall remain unplanked, as hereinbefore provided. Adopted September 11, 1865. STEWART B. WILLIAMS, Mayor. A. F. R. BRALEY, Recorder. [Record Oirdinance Book, page 55.] A4n Ordina;ece relative to [the removal of the track of the Saginaw City] Street Railway [uompany].': WHEREAS the Mayor, Recorder and Aldermen of the Preamble. City of Saginaw, by an ordinance for that purpose, R e f e rence adopted the sixth day of October, 1863, in Common tofdin3.ance of 1863. Council convened, did grant to sundry persons the right to construct, maintain and operate a street railway upon and along parts of Water, Washington and Jefferson streets, in said city, ANr WHEREAS said rights and franchises are now Franchises by virue of held and owned by the Saginaw Street Railway Com- ordinance of 1863. pany, which, under such grant, has constructed its railway track, on Water street, from Mackinaw street to Jefferson street, on Jefferson street from Water street to Washington street, thence on Washington street from Jefferson street to the State Road, so called, thence on said State Road to the city limits, and for more than two years last passed has run its cars thereon, *NOTF,.-The title of this ordinance, as given in the Record Ordinance Book, does not fully express its object. The words included in brackets, in the title as here given, do not appear in the title as the ordinance is recorded in the Record Ordinance Bo)k. . L. & S. AND WHEREAS the Jackson, ILansing & Saginaw RailR. R. Co, road Company are desirous of laying their track through and along Water street, in pursuance of an ordinance granting to said railroad company the right to pass through and along said street, and are also desirous to have the Saginaw Street Railway Comnpany surrender their rights and franchises on said Water street, to avoid any troulble or difficulty that might arise fronm operating both of said roads on said street, therefore It is hereby ordained by the Comnmon Uowcil of the City of Saginauw: Right of aompany to, SECTION 1. That, in consideration of the covenants o p erate street raile- and agreements hereinafter set forth, and to be executed way on certain streets by and on the part of the said Saginaw Street Railway Company, said comapany shall, for the period of thirty years from and after the sixth day of (ctobr, 1863G being the dat on which the afotresaid ordinance was passed, have the exclusive right to butild, maintain and operate a strueet railway in, along and upon Mackinaw street, from the west side of Hamilton street to the Saginaw River, or the eastern line of the city limits, also down Hamilton street fromn Mackinaw street to Jefferson street, thence lup Jefferson street to WVashing ton street, thence along Washington street and the State Road to the west line of the village of Florence and also through Hamilton street to the northerly limits of the City of Saginaw, and also from Hanmilton street to Washington street, on either Madison or Monroe street, as the said Saginaw Street Railway Company may elect, witlh all necessary switches, turn-outs, side tracks and appurtenances, and in case the said Jackson, Lansing & Saginaw Railroad Company shall at any time hereafter cease to occtup,y said Water street for railroad 166 (DINANCES OF'RITE i 167 purposes, at any time during the life of the present charter of said Street Railway Company, then and in such case said Saginaw Street Railway Company shall have the right to lay and extend its track, and operate the same on said Water street on the same terms and conditions as said company is now operating its railway: Provided said Street Railway Company shall build its Proviso. road and operate the same on said Water street within one year from service of written notice, by a two-third's vote of said Common Council, that a street railway is required on said Water street: Provided, That said Proviso. company shall not be required, in order to secure its right to said Water street, to build its railroad on said Water street, without its consent, below or north of Throop street, in said city, and in case said company are required to build on said Water street, then it shall have granted to it the right to get from Water street to Washing,ton street. Provided, always, that the Mayor, R.gee rved rights f Recorder and Aldermen of said city shall have at all councl. times the right, and such right is hereby expressly reserved, to grant the privilege to any railway company, either street or steam railway, that may hereafter be chartered and constructed, to cross the track of said Saginaw Street Railway Company at any point within the limits of said City. Provided, also, that the rights Ri ght Omf sgati com pany same hereby granted and agreed upon shall be held, used and Pasn i ordie nance o f possessed by the said Saginaw Street Railway Company am3endme,tds and its assigns, subject to the same control, on the part thereto. of the Common Council of said city, as is provided for in said ordinance, passed October sixth, 1863, and the amendments thereto, and as have been accepted by the said Street Railway Company. CITY OF SAGINAW. 168 ORDINANCES OF TIfE C o nsidera- In consideration of and upon the conditions following,, tion on part of S treet this ordinance is to be in force and effect. anrid not otherRai 1 w a y Company. wise, that is to say: To surren- That the said Saginaw Street Railway Company agree der right to water St- to and do hereby surrender and give up its riglhts and fran chises in and to said Water street, and to remove its rail way track on such terms as to price for work in removing the same, to be paid by said railroad company, as may be agreed upon between said companies,.friomn said Water street so soon or at such time as the said railroad company may desire said street for layirng their track therein, or for preparing such street for that p)nrpose, ten day's no tice in writing to be given by said Jackson, Lansing & Saginaw Railroad Company of the time when it desires 'Commonsaid street railway track to be removed. But, notCouncil not grant rights withstanding such surrender, no grant shall be made by to any other; 7 street rail- the said Common Council to any other person or corporway, unless in case ofto. oprt forfeitu ref ation of the right to construct, maintain or operate any by s a i d Saginaw street railway in or upon said Water street, north of Street Railwa y Com- Mackinaw street, until the said Saginaw Street Railway panty. Comparny shall have forfeited all right to re-enter upon, said street, as provided by this ordinance. When this When the said Saginaw Street Railway Company o r d i n ance to. become shall have assented to the foregoing terms and conditions sbligatory. and have filed with the Recorder of said city a writing signed by the President of said Street Railway Com pany, signifying such assent, the same shall be deemed obligatory and binding upon said City of Saginaw and said Saginaw Street Railway Company. A. F. R. BRAT,FY, Mayor. ROBERT MCQUEEN, Recorder. ORDINANCES OF T.TIE 168 (ITY OF SAGINAW. 169 The Saginaw Street Railway Company by the sigina- Assent o f zn ~~~~~~~~~~~~~~~the Saginaw ture of its President, hereby expressly assents to the Street Rai, way Corntermns and conditions contained in the foregoing ordi- pany. nance, adopted on the 19th day of September, A. D. 1867, by the Common Council of said City of Saginaw, and hereby accepts of the rights and franchises granted them. D. H. JEROME, President Saginaw Street Railway Company. Dated the 19th day of Septemlber, A. D. 1867. [Record Ordinance Book, pay(e 72.] Ant Orditancte yraitiitg the right to the Jackson, Lan siny and Saginaw Railrioad Company, to run its Rlaiiroad throuyghl the City of Saginaw. It is hereby ordained by the Comiimot Council of the City of Sayinavw: SECTION 1. That the Jackson, Lanisiing and Saginaw Route of road. Railroad Comipaany be and hereby is authorized and empowered to locate, construct, operate and maintain its Railroad within and through the City of Saginaw, by the most direct and convenient route from a point where the said road cross(~s the Tittabawassee river to a point in Waterl street at or near its southerly end, and thence dowvn and along said Water street, to a point at or near the northerly end thereof, and from thence by such direct and convenient route as said company may select and acquire the right to use upon the conditions foillowing, and not Conditions. otherwise 1st. Only a single track shall )be laid ot said road Singietraek i n certain between Williams street and Throop street, except as limits. the Common Council of said city may hereafter allow. 170 ()RDINANCES 01' TJJE Depots, lo- 2d. The said company shall locate and forever maincation of. tain its passenger and fieight depots for said city at some point on or east of Water street, between Williams street and Throop street. Track o n 3d. The track along Water street shall be laid upon Water St., h o w laid the grade of the street, and shall be so maintained as to and maintained. afford the least obstruction to the passage of vehicles over and along said Water street, from Saginaw street to Throop street, and the said company shall construct, maintain and keep in repair at all times the same plank ing or pavement over that part of the street occupied by the Railroad for a width equal to the length of the ties of the said road, which is now or may be constructed by the order of the city over that part of the street ad joining such track. S p -e d of 4th. The speed at which trains shall be run through trhaionsgh&hce the city, the stationing of flagmen, the obstruction of through then city under control o f the street by cars not in motion, and the planking, pavC o m m o n Commonkepg rearproc Council. ing and keepin inrepairof that part of the street oc cupied by the road, shall be at all times under the conc o mn moil trol and direction of the Common Council of said city, Council t o make rules which shall have full power to make any order, rules and and regulationsagain't regulations which such Council may deem necessary fTor accidents. guarding against accidents, the protection of property, and the keeping of such streets in good and safe condi tion for use as such. Principal 5th. The principal offices of the company for the offices and shops, loca. transaction of business on the Saginaw River, and the tion of. principal repair, manufacturing, machine and car shops of the company on the Saginaw River shall be located and forever maintained in the City of Saginaw, at some point south of Throop street, providedl the City of Sag I CITY OF SAGINAW. inaw shall furnish ample and sufficient grounds within the prescribed limits, for said manufacturing, machine and car shops. 6th. The said company shall procure a relinquish- Street Railrient from the Saginaw Street Railway Company, of way any rights which it may have to use said Water street, in the operation of its railway. The said company shall also have the right to put Side rtack and s,% itchdown in said Water street such side track and switches tesr oneW ter street. as may be deemed necessary for entering and leaving their depots, the location thereof to be under the direction of the Commrnon Council. Nothing herein contained shall be construed to pre- Rights re served b y vent the Common Council of said city from authoriz-Cojumon Council. ing any Street Railway Company to construct its railway across said railroad track, and the right to do so is hereby expressly reserved to said Common Council. When the said Railroad Company shall have assented Assent o f Company to to the foregoing terms and conditions, and have filed forpeagoing c o n ditions with the Recorder of said city a writing signed by the required. proper officers of said company, signifying such assent, the same shall be deemed obligatory and binding upon both parties. Adopted April 16, 1867. A. F. R. BRALEY, Mayor. ROBERT MCQUEFEN, Recorder. [Record Ordinance Book, page 64.] 4 171 OR'DINANCES OF T'IE An Ordinance relative to Street Railroad. Preamble. WHEREAs, differences have arisen between the Coin mnon Council of the City of Saginaw and the Saginaw Street Railroad Company, as to the control which said Council has over said c)ompany, and. WHEREAS, The limits of such control have been settled and fixed by the mutual agreement and understanding of the parties, as hereinafter set forth, now, therefore, It is hereby ordained by the Comnon Council of the City of Saginawi: Rightstobe That the rights and privileges held and enjoyed by subject t o Cotrolil of said Saginaw Street Railway Comtpany, under an ordi nance of said Council, entitled,'"An Ordinance relative to the removal of the track of the Saginaw Street Riil way Company," adopted September 19th, 1867, shall be continued and enjoyed by said Saginaw Street Railroad Company, subject to the control of said Common Coutn cil, as hereinafter stated and defined; and that section one of said ordinance be amended so as to read as follows: Pig glit to SECTION 1. That in consideration of the covenants builda n d maintain and agreements hereinafter set forth, and to be executed oad. by and on the part of said Saginaw Street Railway T erin of Company, said company shall for the period(l of thirty ight. years froil and after the sixth day of October, 1863, being the date on which the aforesaid ordinance was passed, have the exclusive right to )build, maintain and Streets, on operate a street railway in, along and u)pon Mackinaw what. street, from the west side of Halnilton street to the Saginaw River, or the eastern liue of the city limits, also down Hamilton street fronm Mackinaw street to Jefferson street, thence upl) Jefferson street to Washing 172 CITY OF SAGINAW. 173 ton street, thence along Washington street and the State Road to the west line of the village of Florence, and also throughh Hamilton street to the northerly limits of the City of Saginaw, and also from Hamilton street to Washington street, on either Madison or Monroe street, as the said Saginaw Street Railway Company may elect, with all necessary switches, turn-outs, side tracks and appurtenances, and in case the said Jackson, Lansing & Saginaw Railroad Company shall at any time hereafter cease to occupy said Water street for railroad purposes, at any time during the life of the present charter of said Street Railway Comllpany, then and in such case said Sag,inaw Street Railway Company shall have the right to lay and extend its track, and operate the same on said Water street on the same terms and conditions as said company is now operating its railway: Provided said Street Railway Company shall build its Proviso. roa(! and operate the same on said Water street within one year fiom service of written notice, by a two-third's vote of said Common Council, that a street railway is required onl said Water street: Provided, That said c o mp-iany not required comnpany shall not be required, in order to secure its to b adil d 1r oa d on right to said Water street, to build its railroad on said Water St. Water street, without its consent, below or north of Throop street, in said city, and in case said company are required to build onil said Water street, then it shall have granted to it the right to get from Water street to Washington street. Provided, always, that the Mayor, Power re served Recorder and Aldermen of said city shall have at all grant right of way to times the right, and such right is hereby expressly re- other com parties served, to grant the privilege to any railway company, either street or steaim railway, that may hereafter be chartered and constructed, to cross the track of said Saginaw Street Railway Company at any point within the limits of said City. 174 ORDINANC('ES OF THE Considera- In consideration of and upon the conditions following, tion. this ordinance is to be in force and effect. and not other wise, that is to say: StreetR. R. That the said Saginaw Street Railway Company agree Co. to surrender its to and do hereby surrender and give up its rights and franrights on' Water St. chises in and to said Water street, and to remove its rail way track on such terms as to price for work in removing the same, to be paid by said railroad company; as may be agreed upon between said companies, firom said Water street so soon or at such time as the said railroad company may desire said street for laying their track therein, and fbr preparing such street for that purpose, ten day's no tice in writing to be given by said Jackson, Lansing & Saginaw Railroad Company of the time when it desires said street railway track to be removed. But, not withstanding such surrender, no grant shall be made by the said Common Council to any other person or corpo(r ation of the right to construct, maintain or operate any street railway in or uplon said Water street, north of Mackinaw street, until the satid Saginaw Street Railway Company shall have forfeited all right to re-enter upon said street, as provided by this ordinance. nn t Wh en this the said Saginaw Street Railway Company ordinance to have effect. shall have assented to the foregoing terms and conditions and have filed with the Recorder of said city a writing, signed by the President of said Street Railway Conm pany, signifying such assent, the samne shall be deemed obligatory and binding upon said City of Saginaw and said Saginaw Street Railway Company. And that said ordinance be further amended by the addition of the fol lowing sections How track SEC. 2. The track of said Street Railroad shall be shall be laid laid in a manner as shall not unnecessarily obstruct the free passage of vehicles and carriages. The rails shall be laid four feet eight inches apart, and not to exceed one and one-fouurth inches above the surface of the street, and shall conform to the grade of the street as Trfack to conform to established from time to time by the Common Council; tet of and whenever the said Street Railroad Company shall, Duty of ompany for the purpose of constructing or repairing its road, respecting tn ~~~~~~~~~repairs3. take up or remove any planking or paving in any street in said city, the company shall, as soon as such repairs or construction can reasonably be effected, restore such planking or paving to the condition in which it was before such removal Provided, also, That said Street Proviso as ~ to change of Railway Company shall not remove thlieir present track track. to any other part of streets now oc(cupied by said track; and that no new track be laid by said company, except by consent of the Common Council as to vacation of track on such street. SEc. 3. The cars to be used ()n said street railroads Cars to be drawn b y shall be (Lawnr by animnals, and at a si)eed not exceeding animals Speed, rate the rate of six miles per hour, and shall be run as often op.eed rate as public convenience shall require and the Common Council shall prescribe: Provided, That the said Com- flow often to run. mion Council will not require them to run oftener than once in thirty miinutes during foburteen hours every day fromn the 15th day of April to the 15th day of October, and twelve hours per day fi'om the 15th day of October to the 15th day of April. Provided further, That proviso. the provisions of this section shall not be binding upon said company when any portion of the line of road now operated by said company is rendered impassable from any cause beyond the control of the company. SEC. 4. The rate of fare shall not exceed, for any Fare. rate distance within the limits of said city and on the line distance within the limits of said city and on the ]ine 175 CITY OF SAGINAW. of road now operated within said limits, five cents for Protiv.so aseach passenger in any one car: Pr.ovided, The rate of fare mentioned above shall only apply between the hours of seven o'clock A. M. and nine o'clock P. M., and shall not interfere with special contracts. Light. SEC. 5. The cars, after sunset, shall be provided with signal lights. Construet'n SEC. 6. Nothing in this ordinance shall be so conas to rights of council. strued as to prevent the Common Council authorizing the laying down of water or gas pipes and sewers, or repairing the same; and the grantees or their assigns shall have no claim for damages against said city, gas or Proviso water company: Provided, The work of laying said water or gas pipes and sewers shall be done in such a manner as not unreasonably to damage or injure said railways or their use. Czars notto SEC. 7.'No car shall he allowed to stop on a crosss t o p on esswalks walk, nor in front of any intersecting street, exceplt to Eroeption. avoid collision or to prevent danger to persons in the street. s t 0 p at SEC. 8. When the conductor of any car is required what points to stop at the intersection of streets to receive or leave passengers, the cars shall be stopped so as to leave the rear platform slightly over the crossing. D u t y of SEc. 9. The said company shall employ careful, soCompany in respoect of employest ber and prudent agents, conductors and drivers to take charge of their cars while on the road, who shall use every precaution not to do any injury to any team, car riage, or person on foot. Children and women SEC. 10. Conductors shall not allow ladies or children not to enter or lea ve to enter or leave the cars while in motion. Each conm 0 V in g ears. ductor shall have full power, and it shall be his duty, to 176 ORDINANCES OF T1.1-E I.: CIT'Y OF SiAGINAW. 177 preserve order on the car under his charge, and to remove C oaydeUcto, may remove tin d arrest therefrom any drunken or disorderly person and any per- persnons dies. son who shall use profane or obscene language on such orderly. car, and shall have the same power to arrest any drunken or disorderly person on such car as is possessed by the Marshal or any Depu)llty Marshal of said city within the limits thereof. SEc. 11. The cars shall at all timres be entitled to Right of cars as to the track, and any vehicle on the track of said railroad track. shall turn out when any car comes up, so as to leave the track unobstructed; and the driver of any vehicle refusing to do so, shall be liable to a penalty not exceed- Penalty for ing five dollars, on conviction beftLre the Recorder's court trac.lding of the said city of Saginaw, and costs of prosecution. SEc. 12. The ordinance passed by the Common Repealing clause. Council of the City of Saginaw, on the sixth day of October, A. D. 1863, granting the right to Thomas S. Sprague, Henry Barnes and George Jerome to construct and operate a street railway, and the amendments thereto, are hereby repealed. SEC. 13. When the said Saginaw Street Railroad Assent o f Comp any Company shall have assented to the foregoing terms and nhcessaryrto t h i s ordiconditions, and have filed with the Recorder of said city nance. a writing signed by the President of said Street Railway Company, signifying such assent, the satne shall be deemed obligatory and binding upon said City of Saginaw and said Street Railroad Company. Adopted March 20, 1871. GEORGE F. WILLIAMS, Mayor. JOHN B. SCHICK, Recorder. [Record Ordinance Book, page 141.] NOTE,.-Thc following ac-eptance of thi:s ordinance was filed with the Recorder, and may be found attached to page 380 of Journal No. 3,1871: Ass,ent 0 f ~~. ACompany. f " The Saginaw Street Railway Comlpany by the signa "ture of its President, hereby assents to the terms and "conditions contained in the foregoing ordinance, adopted "4 on this 20th day of March, A. D. 1871, by the Corn "mon Council of the City of Saginaw, and hereby accepts "of the rights and franchises granted thierein. "D. H. JEROME, "President Saginaw Street Railway Company." An Ordinance to restrain and regtlate the use of Loco motive Engines and Cars, upon the Jackson, Lansing and Saginaw Railroad, within the limits of the City of Saginaw. It is hereby ordained by the Commono Council of the City of Saginaw: Restrictinns SECTION 1. All locomotives, tenders and cars, used &c., contained i' succeeding or run upon the Jackson, Lansing and Sag,inaw Railroad, sectione. within the limits of the City of Saginaw, shall be under the restrictions and regulations contained in the follow ing sections of this ordinance. R a t e of SEc. 2. The rate of speed of all locomotives, tenders speed within certain and cars on said road within the limits of the City- of limits. Saginaw, except between the crossings of Elm street and Farley street in said city, shall not exceed eight miles per hour, and between Elm street and Farley street it shall not exceed five miles per hour. Ringing lo- SEC. 3. No locomotive on said road shall be run or co m o t i ve b put in motion between the crossings of Elm street and Farley street in said city without first ringing the loco motive bell and continuing so to ring, as a signal during the time the locomotive shall be in motion. 178 (JRDINANCES Ol' THE CITIY OF SAGINAW. 179 SEC. 4. The fire pans of all locomotives of said road Fire pansto be kept shall be kept closed while locomotives are in motion be- closed,when tween the crossings of Emerson street and Farley street in said city. SEc. 5. No engine, tender, freight or other car shall be placed, left or allowed to remain for any purpose, so as to obstruct, in whole or in part, free access to the Saginaw River through any street of said city leading thereto, for more than ten minutes at any one time, without permission first obtained from the Common Council; and no engine, tender or car of any kind shall be left, either for loading or storage, on any track of said railroad company, running along Water street, in front of any lots, blocks or premises in said city, without permission first obtained firom the Common Council, or from the owners of said lots, bl)cks or premises. [Record Ordinance Book, page ]150.] SEC. 6. No locomotive, tender, car, or other vehicle No locomo tive, &C., to or conveyance on said' road shall be run or driven over or ran aross fire h o s e, across any hose or other apparatus used in connection &Cwith any fire engine, or used for the extinguishing or prevention of fires, while being used for that purpose. SEC. 7. Any person or persons who shall violate or Penalty for violation of cause any other person or peri'sons to violate directly or this ordi nance. indirectly any of the provisions of this ordinance, shall, upon conviction thereof, be punished by a fine of not less than five dollars and not exceeding one hundred dollars or by imprisonment in the county jail of Saginaw County for a term not exceeding ninety days, or by both such fine and imprisonment, in the discretion of the court making such conviction. And in case of default made in the payment of' such fine, the court imposing said fine shall forthwith upon such conviction and default, commit the offenders to the county jail of said county until such fine be paid: Provided, That no person remain imprisoned for the non-payment of such fine more than thirty days. Power of SEc. 8. The Recorder and Justices of the Peace of Recorder andJustices said city shall have power to try and determine all to try offences un- offences arising under the provisions of this ordinance der this ordinance. and upon complaint made in writing and on oath before the Recorder or any Justice of the Peace of said city, of any violations of the provisions of this ordinance, he shall issue his warrant, directed to the Marshal, or any Constable of said city, or to the Sheriff, or to any Under or Deputy Sheriff of the county of Saginaw, which warrant shall recite the substance of the complaint and require the officer to whom it is directed forthwith to arrest the accused and bring him before such Recorder or Justice of the Peace, to be dealt with according to law, and in the sa,me warrant require the officer to summon such witnesses as shall be named therein, to appear and give evidence at the trial. On the return of the war ranrt with the accused, the said Recorder or Justice shall proceed to hear, try and determine the cause within ten days after the return of said warrant. Pr a tie SEC. 9. The practice in such prosecutions as shall a n d proceedings-. arise under the provisions of this ordinance, shall be as prescribed by the laws of this State, regulating the rules and practices of Justices' Courts, except as otherwise provided for in this ordinance and the charter of the city of Saginaw. Adopted January 19, 1869. A. F. R. BRALEY, Mayor. JOHN B. SCHICK, Recorder. [Record Ordinance Book, page 96.3 ORDINAN('1,S OF TI.IE ISO CITY OF SAtGINAW. 181 An Ordinance relative to tIle construction of sidewalks and improvement of street8s. Be it ordained by the Mayor, Recorder and Aldermen, of the City of Sagyinaw City, in Common Council con vened: SECTION 1. All sidewalks shall be constructed upon Manner of o n s tructthe grade of the streets, and shall be constructed by the in g side walks. owners or occupants of the adjoining lots, or by assessmients upon the same, and shall be constructed at least four feet in width, of sound, durable pine plank, one and a, half inches in thickness, and a distance of five feet from the line of said lots, except on Washington and Court streets, which shall be four feet firom the line of lots, and shall be constructed under the direction of the Street Comrnissioners of the different wards in which the work is constructed: Provided, That the CommIon Council Provio. tnay at any time order a sidewalk to be constructed any width greater than four feet that they may deem necessary, and Provided, further, That the Common Council may order any sidewalks to be butilt nearer the lines of lots. SEC. 2. The expense of grading for, and laying all Expense of C o n s truetsidewalks, together with all materials for the same shall i n g side - ~~~~~~~~~~~~~~walks, how be assessed upon the lots atdjacent thereto, and the cross- as,essed. ings or cross-walks shail be built by assessments upon the adjacent quarter block, except on the east or river side of Water street, where the crossings or cross-walks shall be assesed upon the adjacent half block. SEc. 3. The expense of grading all streets ordered Expens.e of to be graded hb the Common Council, shall be defrayed, treets, how together with the Ti-easurer's fees for c~lecting and the assessed. together with the Treastirer's fee,,-,or collecting and the 5 182 ORDINANCEIS OF TIlE expense of publishing the requisite notice of assessment, by assessment on the half block adjoining such street or streets in manner following, to wit: When the streets to be improved run the longest way of the lots the cor ner lots adjoining such street so improved shall be assessed each three dollars and seventy-five cents, ($3.75), and the other lots in that half of the block next the street shall each be assessed one dollar and twenty five cents ($1.25), and parts of lots in equal proportion and where the street to be improved runs the shortest way of the lots, each lot in that half of the block ad joining such street shall be assessed the sum of two Proviso. dollars and fifty cents ($2.50): Provided, That if it shall not be necessary to assess the aforesaid lots the amounts aforesaid to defray the said expense, then and in that case they shall each be assessed such sums less in the same proportion as shall be sufficient to pay the expense aforesaid: Provided further, That where a greater sumn shall be necessary than the sums heriein limited to be raised by assessment as aforesaid, such sum shall be paid out of the moneys raised for general high way tax. Expenfe ofn SEc. 4. In case any street or highway shall be org ra d lii g t hr eou th dered to be opened and graded by said Common Council tro ugh 1 ands un-th.1 plattdd. through any portion of said city not laid out in lots and blocks and recorded, the assessments for the expense of opening and grading, of said streets or highways, and the culverts on the same, together with the expense of pub lishing of the requisite notice of assessment and the Treasi o w as- urer's fees for collecting the same, shall be assessed upop sessezl. all lands adjoining such streets or highways so ordered to be opened and graded in equable proportion (as near as may be) to the length said lands shall adjoin such CITY OF SAGINAW. 183 street or highway: Provided, That the Common Proviso. Council may appropriate from the general highway fund c o n c i 1 may approsuch sums as they may deem right, when in their opin- priate from g en eral ion the expenses of improving such street or highway high way fund. shall exceed in amount what the adjoining lands should in justice be assessed for. SEC. 5. The ordinance approved May 13, A. D. 1857, Ordainance of May 13th, relative to the construction of sidewalks, improvement p18e5a7, r e - pealed. of streets, etc., is hereby repealed and annulled, together with an amendment or addition to section four of said ordinance aforesaid, October 17th, A. D. 1857. SEc. 5. This ordinance shall take immediate effect. Adopted June 19, A. D. 1858. GARDNER D. WILLIAMS, Mayor. NEWTON D. LEE, Recorder. [Journal No. ], page 11Z. Record Ordinance Book, page 1.3.] An Ordinance relative to billiard tables and saloons. It is hereby ordained by the Commnon Council of the City of Saginaw: SECTION 1. No person shall keep a billiard table or License re saloon within the limits of the City of Saginaw, with- quired.' out first obtaining a license therefor, as hereinafter provid(led. SEc. 2. To keep a billiard table, within the meaning Definition o f billia~rd of this ordinance, is to own, keep or have in posssession keeper. a billiard table whereon others are permitted to play for the profit or benefit, in any manner, of the person owning, keeping or having the same in possession. 184'RDINANCES OF THE Definition SEc. 3. To keep a saloon, within the meaning of this of saloon. ordinance, is to keep any place whereat drink of any kind (except soda, tea and coffee) shall be sold at retail by the glass or measure, or in any other manner, to be drank in the house or upon the premises where sold. Application SEC. 4. Any person desiring a license to keep a bilfor license. 1 fo ln. liard table or saloon, within the limits of this city, may make application therefor to the Common Council, in writing, which application must be recommended by twenty resident freeholders of the city. On such ap plication being approved by the Common Council, the Recorder, on receiving two dollars for his fees, and on payment to him of the amount required by this ordi nance to be paid for such license, and on receiving the bond required by section five of this ordinance, shall, in the name of the City of Saginaw, issue to such al)pli cant a license for one year to keep a billiard table )r saloon, as the case may be. Bond re- SEc. 5. Before any person shall receive a license qird under this ordinance, he shall execute and deliver to the Recorder his bond to the city of Saginaw, in the penal sum of five hundred dollars, with two sureties, who shall each under oath, justify their pecuniary responsi bility in double the amount of said bond, before the Re corder, which justification shall be in writing and en dorsed on the back of such bond; and the condition of such bond shall be, that the person receiving such license, will faithfully observe, keep and obey the charter and ordinances of the Citv of Saginaw, and that he will not suffer or permit any gambling, drunkenness or other dis orderly or immoral conduct in the house or on the prem ises kept by him during the time such license shall be in CITY OF SAGINAW. 185 force: And Provided, The Recorder shall not accept such bond unless the City Attorney shall endorse thereon that the same is correct in form. SEc. 6. The amount to be paid foi a license to keep Amount ot billiard lia billiard table, shall be ten dollars per year for each eniae. table proposed to be kept; and the amount to be paid Aamount of for a license to keep a saloon, shall be fifty dollars per en~e. year. SEC. 7. No person licensed under this ordinance, D U t y of person havshall at any time suffer or permit any gaming for money, ing license. or other property of any value whatever, on any table kept by him, or in the house, or on the premises occtipied by him. Nor shall any person licensed under this ordinance, suffer or permit any drunkenness, gambling, Drunken ness, gambqiuarreling, fighting, profanity, or other immoral, inde-ling, &., prohibited. cent or disorderly conduct; nor keep, permit or suffer Saloons to any saloon kept or occupied by him, to be open or any eSunldaysdnd election business whatever to be done thereat on Sunday, or be- days. tween the hours of twelve o'clock at night and the hour of five o'clock in the morning nor shall any person licensed as aforesaid, suffer or permit any saloon to be open on any day upon which any election shall be held in this city, or sell, give away, or in any nianner whatever suffer or permit any person to obtain thereat or therefrom any drink of any kind whatever. SEC. 8. Any person who shall keep a billiard table, Penalty for keeping sa loon withor a saloon, without first obtaining a license therefor, as outlicnwith. provided in this ordinance, shall be punished by a fine of not less than one hundred dollars, and not more than three hundred dollars, and the costs of prosecution; and the Court imposing such fine, shall make a further sentence, that in default of payment of such fine and costs 186 ORDINANCES OLF THE within twenty-four hours, the person so c)nvicted be im prisoned in the county jail of Sagtinaw County until the payment of such fine and costs: Provided, That such imprisonment shall not exceed ninety days. L ice se Se. 9. Any person holding a license under this ormay be forfeited for- dinance, and violating any provision thereof, shall, on conviction thereof, be punished by a fine of not less than ten dollars, and not more than fifty dollars, and costs of prosecution, and shall in addition thereto forfeit his license; and the Court before whom such conviction shall be had, shall forthwith enter judgment declaring the license of the person so convicted to be forfeited, and thereupon and thereafter such license shall be at an end and of no effect; and any person holding a license under this ordinance, and convicted and fined for a vio lation of the same, shall not thereafter be entitled to another license, so long as the fine and costs shall remain unpaid. License to SEC. 10. Every license issued under this ordinance state place of business. shall state particularly where the billiard table or tables, or where the saloon is to be kept; and it shall not be lawful for any holder of a license to put a billiard table or saloon at any other place in this city, than the one stated in the license, without permission of the Common Council, granted at a regular meeting. Recorder's SEC. 11. On issuing any license under this ordinance, duty. the Recorder shall forthwith notify the Comptroller thereof, and within five days pay over the money received therefor, to the City Treasurer and take his receipt therefor. i CITY OF SAGINAW. SEC. 1:. Titis ordinance shall take effect on the 10th day of August, 1873, and an ordinance entitled "An Ordinance relative to billiard tables, saloons, victualing holuses and the licensing thereof;" adopted July 8th, 1873, is hereby repealed. SEc. 13.'When any person has made the application Saloon li ceneit, i n to the Common Council for a license to keep a saloon, c e r tain cases withprovided for by section four of this ordinance, and his outt pay-f application has been approved by the Cormmon Council,,2, and who has filed with the Recorder the bond required by section five of this ordinance, shall present to the Recordcr due proof that he has at any time within one year prior to the date of his application, paid to the person entitled to collect the same, without protest or reservation, the liquor tax imposed by an act of the State Legislature, entitled "An Act for the taxation of the business of' manufacturing and selling spirituous and intoxicating, malt, brewed, or fermented liquors, &c.," passed at the last session of the State Legislature, the Recorder shall issue to such person, without payment of the fifty dollars provided for in section six, a license to keep a saloon, for one year, from and after the date thereof upon the same terms (except as to the fifty dol lais) and upon and subject to all the conditions govern ing other like licenses, issued under this ordinance. It shall be the duty of the Recorder to keep a record of all licenses issued by him, under this ordinance, showing when, to whom issued, and where the saloon or billiard table is to be kept, and in all prosecutions for keeping a saloon or billiard table, without having obtained the license theref)or required by this ordinance, such record shall be received in evidence, and if it shall not appear ont such record that the person so p)rosecuted has a license 187 I ORDINANCES OF THIE in force, it shall be prima facie proof that he has not such license. Record Ord. Book, payge 15. Ad(lopted July 22, 1873. BENTON HANCHETT, Mayor. Joni B. SCHICK, Recorder. [Record Ordinance Book, page 15.] An Ordinance to prevent the use of velocipedes on cer tain sidewalks of the City of Saginaw. It is hereby ordaitned by the Common Council of the City of Saginaw: tUe of ve- SECTION 1. That no person shall hereafter use, run lo cipedes prohibited or ride, and it shall be unlawful to use, run or ride a o n certain street. velocipede on any of the sidewalks of the following named streets of said city of Saginaw, within the limits of said streets herein designated, that is to say: Water and Hiamnilton streets from the center of Jefferson to the center of Mackinaw streets, and Court street firom the centre of Washington street to the east line of Water street. Penalty. SEC. 2. Any person violating any of the provisions of this ordinance shall be punished by a fine not less than one dollar, and inot exceeding ten dollars, besides costs of prosecution, or imprisonment in the jail of Saginaw County not exceeding five days, or by both fine and imrprisonmnent in the discretion of the Court. Adopted May 18, 1871. GEORGE F. WILLIAMS, Mayor. JOiiN B. ScHIcK, Recorder. [Record Ordinance Book, page J48.] I 188 CITY OF S'AGINAW. An Ordinance to protect Washintgton street from injury by driving on certain portions thereof. It is hereby ordained by the Commton Council of the City of Saginaw: SECTION 1. No person shall be allowed to drive any Portion no f wagon, sleigh or other vehicle, or to lead, ride or drive, to bedriven any horse or horses, mule or mules, or any other animal, or team, on that portion of the sides of Washington street lying and being between the sidewalk, on each side of said street, and the gutter or ditch on either side of thie centre graded road-bed of said street. SEc. 2. Any person violating the provisions of this Penalty. ordinance, shall, on conviction thereof, be punished by a fine of not less than ten dollars, and not more than twenty-five dollars, and the costs of prosecution; and the Court imposing such fine shall make a further sentence that, in default of payment of such fine and costs, the pe.sonr so convicted be imprisoned in the Saginaw County jail for a period of time not less than fifteen days, and not more than thirty days. SEc. 3. It shall be the duty of the City Marshal, D u t y of Marshal to and of each Policeman and Constable of said city, to arrest per sons violatarrest without process, any person seen by them or either ing this or dinance. of them in the act of violating this ordinance. Adopted October 17, 1873. BENTON HANCHETT, Mayor. Jo[IN B. SCHICK, Recorder. [Rlecord Ordinance Book, page 167.] 189 I90 O)RDINANCES O' TI'HE An Ordinance prohibiting the use of smoke-stacks not provided with spark-catchers. It is hereby ordained by the Common Council of tlhe City of Saginaw: U e o f SECTION 1. From and after the 1st day of January, s mo k estacks not A. D. 1873, it shall be unlawful to use for the ordinary provided with spark- purpose, any high brick, stone or iron chimney, comcatchers -1 prohibited. monly known as and called a smoke-stack, within the limits of said city, unless said chimney or smoke-stack shall be provided with a spark-catcher or screen, properly and securely adjusted thereon. Penalty. SEC. 2. Any person violating this ordinance shall be punished by a fine not exceeding one hundred dollars and the costs of prosecution; and in the imposition of any fine the Court nmay make a further sentence, that the offender be imprisoned in the Saginaw County jail until the payment of such fine: Provided, however, That the period of such imprisonment shall not exceed thirty days. Adopted December 12, 1872. WILLIAM H. SWEET, Mayor. JOHN B. SCHICK, Recorder. [Record Ordinance Book, page 153.] An Ordinance to organize a Police force for the City of Saginaw, and to prescribe the duties of the Police. It is hereby ordained by the Common Council of the City of Saginaw: Regularpo- SECTION 1. The regular Police force of the City of lice, h ow constituted. Saginaw shall consist of the Marshal, who shall be Chief ~ of Police, and such number of Deputy Marshals as the CITY OF SAGINAW. Common Council may, by a majority vote of all the Aldermen elect, from time to time prescribe. The Deputy Marshals shall serve as, and perform the duties of policemen, and they shall be appointed by the Marshal D ePr htl y M1 a r s hals, on the-written recommendation of the Mayor, subject h o wte ap ~ ~ ~ ~ ~pointed. to the approval of the Common Council. All appointments of Deputy Marshals, and recommendations therefor, when approved by the Common Council, shall be filed by the Recorder, in his office, and shall be entered at length on the journal of the Council, immediately preceding the resolution app)roving the same. The Marshal, and all Deputy Marshals appointed under this ordinance. shall at all times be subject to the orders of, Police force subject to and under the control and direction of the Mayor; and oMdyres. f the Mayor and Marshal may make such rules for the government of the Police force, not inconsistant with this ordinance, as they may deem proper, and alter the same at pleasure. SEC. 2. The appointment of a Deputy Marshal, T e rpm to f when duly approved by the Common Council, shall re- Marshal. main in force until the same shall be revoked by a majority vote of all the Aldermen elect, or until the resignation of such Deputy Marshal shall have been filed with the Recorder, and accepted by the Council, and no appointuient of a Deputy Marshal shall be revoked by the Council, except as provided for in section three (3) of this ordinance. SEc. 3. Whenever the Commoni Council shall de- c oun,il m yecluce termine to reduce the number of Deputy Marshals, the f'Bree Mayor and Marshal shall designate the Deputy Marshal Mayor iand Marshal to to be dismissed, and the Council shall thereupon revoke dhoi gonabe the appointment of such Deputy Marshal. Whenever dismissed charges shall be presented to the Common Council 191 ORDINANC ES OF TIlE Proceedings against any DeputN, Marshal, the Council shall, at the w h e n an charges are phrefrred.re mieeting when the,samie are presented, appoint a time for the consideration thereof, and the timue so appointed shall not be longer than until the next regular meeting of the Common Council, unless such next regular meet ing will occur within one week, in which case the time shall not be longer than to the next regular iiieetingr Recorde r to thereof; and the Recorder shall furnish such Deputy furnish copy ot charges. Marshal a copy of such charges, at least five days before the time fixed for the consideration thereof, with notice endorsed thereon of the time when the Council will con sider the same, and such copy and notice may be served by depositing the same in the postoffice, duly addressed to such Deputy Marshal and prepaid. When charges Mayor and are preferred against any Deputy Marshal, the Mayor Miarshal m a y sus- and Marshal may, ill their discretion, suspend such pend a Deputy. Deputy Marshal from duty until the same shall be finally Mayor may disposed of; and any Deputy Marshal may be suspended suspend a Deputy by the Mayor, on his written order filed with the ReMarshal. corder, briefly stating the cause of such suspension, and thereupon it shall be the duty of the Marshal forthwith to prepare specific charges against such Deputy, and to present them to the Council at the next meeting thereof: Whenever the appointment of a Deputy Marshal shall be revoked, by the Council, upon charges preferred When pay o f Deputy against him, his pay shall cease f'om the time he was Marshals to cease. suspended from duty, and he shall not thereafter be eligible to any appointment under this ordinance. P a y o f SEC. 4. The pay of the Deputy Marshals shall be D c p uty Mhow rfied iuniform, and shall be fixed by the Commono Council, by how fixed. resolution, passed by a majority vote of all the Aldermen elect, and from time to time may be changed by a like majority vote. 192 - CIT'Y OF SAGINAW. 193 SEc. 5. Every Dep)uty Marshal appointed under this o a t h of office. ordinance, before entering upon the discharge of his duties, shall take, subscribe and file with the Recorder the oath of office prescribed by section one, of article eighlteen, of the Constitution of this State. SEc. 6. Each Deputy Marshal appointed to serve Uniform of regular Poupon the regular Police force of the city, shall be required lice-. to procure, and, while on duty, wear the following described unifo)rm, viz: Dark blue cloth, single-breasted frock coat, with a narrow standing collar, and one row of "M P" brass buttons in front, seven buttons in the row, and four similar buttons on the skirt behind; pants of dark blue clotlh, with light blue strips, one-half inch wide on the outer seam; cap. of dark blue cloth, wide band, large roulnd top, leather frontispiece, with leather half bantd and chinr strap fastened with small brass buttons. SEC. 7. Eachl Dep)llty Marshal of the regular Police Articles to be furnished force shall be furnished by the city with a silver star, to by city. be worin )on the left breast, proper numbers for the cap, locust club, and a pair of handcuffs, all of which shall be chaige'l to him by the Marshal, to be returned when discharged from the Police force, o0 paid for at cost, in case of loss or bireakag(e, unless such loss or breakage occurred in the discharge of duty, tiLd without fault of such officer. SEc. 8. The Mayor and Marshal shall assign the Policemen assigned for numbers and hours for duty to the several members of duty. the Police force of the city, and a record thereof shall be kept by the Marshal, and in case of vacancy or dismissal, or if the niuuber of' the force be increased or diminislhed, a new assignment shall be made. And the 194 ORDINANCES OF THE Recordk to Marshal shall keep a c6mplete record, to be called the b e kept, r c r,t ecle h containt. t "Police Record," showing the number of arrests made by the Police force, the names of the persons arrested, for what and by whom arrested, and the disposition of each case, and before what Court or Justice the same was disposed of. And at the first regular meeting of the Common Council in each month, the Marshal shall sub mit to the Council a written report for the month ending on the last day of the preceding month, showing fully and in detail the facts of which he is by this section re quired to keep a record, and he shall certify such report to be correct and full to the best of his knowledge; and in his report he may make such suggestions, relative to the business of his office, as he may consider of use to the Council. Police prohibited doing certain things. SEC. 9. No member of the Police force of the city shall appear on duty without the uniform prescribed by this ordinance; or during the hours assigned himn for duty neglect the same; o' while on duty drink any intoxicating or spirituous liquors, or enter or resort to any saloon, shop, store, office, dwelling, or other building, except in the discharge of his duty; or loiter or stand upon the street corners or elsewhere, or sit upon boxes, steps, sidewalks, or elsewhere, to the neglect of his duty. Penalty for SEC. 10. Any member of the Police force who shall violation by Policemen. violate any of the provisions of section nine (9) of this ordinance, or any law of this State, or any ordinance of this city, or any rule or regulation of the Police force established by the Mayor and Marshal, or disobey any lawful order of the Marshal or Mayor, may be suspended from duty by the Mayor, or in his absence from the city, by the Marshal, until the next meeting of the Common Council, which suspension shall be by a written order, (,ITY OF SAGINAW. filed with the Recorder, and entered upon the police record by the Marshal. And the Marshal, in all cases of suspension, shall, at the next meeting of the Council thereafter, present charges against the officer so suspended, for the advice and action of the Council, and the Council shall forthwith consider such charges, and unless the same shall be withdrawn or dismissed, the Council shall proceed ill relation thereto as prescribed by section three of this ordinance. SEc. 11. It shall be the duty of the Marshal and of Duty of Marshal each Deputy Marshal of the Police force, to abate all and Pollce, an d they nuisances, to suppress all riots, disturbances and bleaches may harrest of the peace, to apprehend and arrest without process, process. all persons who shall be found by them, or either of them, in the act of committing any offense against the laws of this State or the ordinances of this city, whenever such persons may be found within the limits of this city; and, for the purpose of making such arrest, they may without process, enter tany house or building into which any person mnay flee, who has in their presence, or in the presence of either of them, violated any law of this State, or any ordinance of this city, And it shall be their duty to enter any house or building from which any extraordinary noise, alarm or cry of distress may proceed; and they may, and it shall be their duty to arrest any and all persons by them there found violating any law of this State or any ordinance of this city. And it shall be their duty, upon reasonable information, to procure process for the arrest of any person charged with a breach of the peace, or the violation of any ordinance of this city, and at all times faithfully and diligently to enforce all ordinances and regulations of the city. 195 196 *ORDINANCES 1OF TIE Disposition SEC. 12. Whenever the Marshal, or any Deputy of persons arrested. Marshal, shall arrest any person, under the authority given by section eleven (11) of this ordinance, he shall forthwith take the person so arrested before the Recorder or some Justice of the Peace, before whom he shall make the proper complaint against the person so arrested, and the Recorder, or sulch Justice of the Peace, shall there upon proceed to hear and determine such case according to law: Provided, That when the arrest shall be made on Sunday, or in the night time, or the Recorder or no Justice can be found in his office, the officer making the arrest, shall convey the person arrested to the county jail, where he shall be safely kept by the keeper thereof; until he shall be taken away by the same or some other officers possessing like powers, or until such person shall have remained in jail twenty four hours, or in case the imprisonment commenced on Sunday, then until four o'clock of Monday following. And it shall be the duty of the officer conveying any person to jail under the provisions of section eleven (11) of this ordinance, within twenty-four hours thereafter, or in case such person was taken to jail on Sunday, or on Saturday afternoon previous to four o'clock of Mon day following, to cause such person to be bIrought before the Recorder, or some Justice of the Peace of the city. p eC 1 SEC. 13. The Marshal, when in his judgmnent the Dep uty Marshals. public interest may require it, with the consent and ap proval of the Mayor, may appoint not exceeding six special Deputy Marshals, whose appointments shall con tinue in force not more than three days at any one time, and whose pay shall not exceed three dollars per day, to be fixed in each case by the Council, after the service has been rendered, antd whose powers and duties shall be CITY OF SAGINAW. the same as the Deputy Marshals appointed to serve on the regular Police force, but they shall not be required to furnish or wear the uniform prescribed by this ordinance. SEc. 14. Any person who shall abuse, resist, oppose, Penalty for or in any manner obstruct the Marshal, any Deputy'resiting Police. Marshal, Special Deputy Marshal, or member of the Police force, while in the exercise of his duty, or who shall violate any provision of this ordinance, shall, upon conviction thereof, be punished by a fine not less than ten dollars, and not more than one hundred dollars, and the costs of prosecution; and the Court before whom such conviction shall he had, may make a further sentence, that in default of the payment of such fine and costs, the person so convicted he imprisoned in the Saginaw County jail for a term not exceeding ninety days. SEc. 15. The Marshal and Mayor, with the approval e ial of the Common Council, may appoint such number of Deputy to ''serve withSpecial Deputy Marshals to serve without pay from the out pay. city as the public inter'est may require, and such Special Deputy Marshals shall have the same power to serve process, and make arriest without process, as other Deputy Marshals appointed according to the provisions of this ordinance. SEc. 16. An ordinance entitled "An Ordinance rela- Repeal. tive to uniforinig Policemen and Watchman, and regulating their duties in certain cases, as amended February 2d, 1869," adopted February 2d, 1869, and an ordinance entitled "An Ordinalnce relative to preventing the abuse, resisting and obstructing members of the Police force, while in the exercise of their duties," adopted February 197 (RDINANC(ES OF THE 2d, 1869, are both hereby repealed; and this ordinance shall take iinmmediate effect. Adopted May 20, 1875. FRED H. POTTER, Mayr. J. J. SWARTWOU7 Recrder. [-Record 07-dinance Book, page 176.J An Ordinance relative to the letting of' co2,tracs, by the Street Conmmissioner. It is hereby ordlained by Ihe Commoi Cou,ecil of the City of Sagina w: Sealed pro- SEC'ION 1. All contracts for the doing of work on #osalf f o,r jpb work. thle streets, or for f'urnislhiag plank or otller material therefor, heyeafter let by the Street Commissioner, shall be let to the lowest responsible bidder, and shall be let only ul)pon sealed proposals. When the Conommon Council shall order any work to be done upon the streets, the Street Commissioner slTll advertise f(or sealed proposals, and all proposals shall be accompanied by security for the perforInance of the contract to lw let Adopted May 20, 187.5. FREI) H. POTTER, Mayor. J. J. SWARTWOUT, Recorder. [Record Ordinaree -Rook, paqge.19. 1 An Ordiiaice to provide for the cleaning of certain streets. It is hereby owdained by the (?,ommnous Council of the City of Saginaw:* Hamilton SECTION 1. All persorts owning or oceupying any street to be deaaed. premises on Hamilton street, letween Mackinaw street and Madison street. and on Oourt st,reet, between Water 198 CITY OF SAGINAW. 199 street and Washington street, shall cause all dirt, and accumulation of matter of every kind, to be neatly scraped up in a p)ile, convenient for removal, in front of the premises owned or occupied by them, before twelve o'clock, at noon, on Friday of every week, firom the'time the frost is out of the ground in the splring, until the ground shall be firozn in the fall. SEc. 2. It shall be the duty of the Street Commis- Dutyof St. Commissa'r. sioner, imme(diately after such dirt is placed in piles, to ommissr cauise the same to he removedc fromn the street. SEc. 3. Any per son who shall be convicted of a vio- Penalty lation of this ordinance, shall be punished by a fine of not less than five dollars, and not more than fifty dollars. SEC. 4. It slhall ie the duty of the City Marshal to D u ty of Marshal. see that this ordinance is cl)eyed(1, and to complain of any person found violating it. Adopted Augistt 2, 1873. BENTON HANCHETT, Mayor. JOHN B. SCIIICK, Rec()rder. L[Recordc Ordinance Book>, U)age 190.]. Ant Ordinance r-elative to the Fire Department of the (ity o/' Saginaw. It is heieby or(aitned )y tlhe (,,ommon Council of the City of S in, a,s follo.vs: SEC(TION- 1. rTtilt th(e1 Fir( DeI)artlient of the city F i r e De p a r tment, shall consist of a ("Chief El-Igineer, a First Assistant hno consti tuted. Engineer, a Second Assistant Enginee-r, and as many fire engine, hose dn(l hook and ladder companies as the Common Council shall from time to time prescribe, and the Fire Wardens of said city. ORDINANCES OF' THE SEC. 2. The Chief and Assistant Engineers shall be appointed by the Common Council in the month of April in each year, and shall continue in office for one year, and until their successors are duly appointed and qualified. They shall take the oath (if office prescribed by the Constitution of this State. Chief a n d Assi stant E n gineers, h o w appointed. o. of men SEC. 3. Each fire engine, hose, and hook and ladder to a company. company shall consist of not less than eight, nor more than fifty members, who shall be men of good moral chaiacter, over sixteen years of age, and residents of the city, and shall be appointed members of companies by the Chief Engineer, subject to the approval of the Com mon Council: Provided, That no person shall be ap pointed a member of any organized company, until he shall have been duly elected by such company a member thereof. Who con- SEC. 4. The Engineers, Fire Wardens and members .titute firemenof city. of engine, hose, and hook and ladder companies, shall constitute and be the firemen of said city. Companies SEC. 5. Eacl fire engine, hose, and hook and ladder m a y ap- n point Fore- company shall appoint firom their own mnemars a Forelaan. man, First Assistant Foreman, and Second Assistant Foreman, and such other officers as they may by their own by-laws and rules prescril)e. D u ty of SEC. 6. The Chief and Assistant Engineers, upon an Chief a n d Assistant alarm of fire, shall immediately repair to the place where .E n gineers o,n alarm such fire is, and the Assistant Engineers shall report ~f, fire. themselves to the Chief, and obey his orders. Any per son wilfully violating the provisions of this section, shall be punished by a fine not to exceed fifty dollars, or by imprisonment not to exceed two months. 200 CITrY OF SAGINAW. 201 SEc. 7. The Chief Engineer shall lhave full charge Chief En gineer t 0 of the Fire Department, and full power, command, and chae fl power, ~~~~~~~charge control over all persons whatever at fires within said city. partment.e He shall station the engines and apparatus of companies, Duties of. Penalty for and any person who shall disobey the lawful orders of rchesifstEing Chief Enthe Chief Engineer or any other officer for the time ineer being lawfiilly discharging the duties of Chief Enginieer, or shall obstruct, hinder, resist or delay him or such other officer as aforesaid, in any manner whatever, in the performance of the duties prescribed for such Chief Engineer by this ordinance, shall be punished by a fine not to exceed one hundred dollars, or by imprisonment not to exceed three'months. SEC. 8. It shall be the duty of the Chief Engineer, Duties of Chief Enat all fires, to direct all such measures as he may deemni gineer. m o s t advisable for the effectuall extinguishment of said f ires'; and also once in each three months to examine the condition of the apparatus belonging to the Fire Department, and report the samne to the Commomn Council, at least once in six nioiths; and whenever any of said ap par atus shall need repairs or need replacing, he shall r eport the same to the mCommon Council; a nd he shall M ay pre seribe rules also firom time to time prescribe such rules and regula- for Depart menit. tionrs for the government of the Fire Department as he may. deemn proper, and a copy of the rules and regulations c o p y of rules to be so prescribed by him shall be filed with the Recorder, and filed with Recorder. the same shall be effectual and binding when approved by the Common Council and any violation thereof shall be pnnished by a fine not exceeding twenty-five dollars. He shlall also have power to suspend any fireman fro m aysus pend fireduty, for cause; but such suspension and cause therefor,en. shall be reported without delay to the Common Council. He shall divide the city into fire districts, and establish a system of fire signals. O(RDINANCE, OF'TiHE Badge office. SEC. 9. The Chief Engineer and Assistant Engineers, when on duty, shall wear some suitable hat, belt or badge, indicating their rank. Who to act SEC. 10. In case of the absence or sickness of the i n absence of C h i e f Chief Enoineer or in case of vacancy in said office the Engineer. First Assistant Engineer shall act as Chief Engineer, and in case of the absence, or sickrness, or vacancy in office of both Chief and FPi-st Assistant Engineer, the Second Assistant Enginetier shall act as Chief Engineer duti-ing such absence, sickness, or vacancy, and in case neither the Chief or any Assistant Engineer are present at a fire, the senior Foreman present at such fire shall act as Chief Engineer, and the person so acting as Chief Engineer shall be vested with all the authority of such Chief at such fire. t t y -0A SEC. 1I. It shall be the duity of all Fire Wardens to Fire War dn. be present at all fires, and iunder the direction of the Chief Warden to act as a fire guard, and as such fire guard to take possess,ion and charge of all property re moved from buildings at fires, and to deliver the same to the City Marshal, Depity Marshal, or, in their absence,, to aI City Constable, to store or otherwise protect until the samINe shall be claimed by thet( owner or owners; and upon such claeim, to deliver 1i) the same to such owner upon payment to such Maishal of all expenses actually and necessarily incurred in and about the care and pro tection of such prol,(rty. At every fire each Wardenr shall report himself to the Chief Warden, andi be sub ject to his directiorn. D>u ty f SEC. 12. Trhere shall be assigred to each fire engine -Fire Corm- npaties0 o n company, and hose, and hook and ladder companies, such alaram o fie. engines, machines, and apparatus as the Common Coun 202 o f CITY OF SAGINAW. cil may deem necessary for the extinguishment of fires and it shall be the duty of each of said companies, as often as any fire shall break out within said city, to repair, immediately upon the alarm thereof, to their respective engines, maclhines and apparatus, and convey them to or near the place where such fire shall happen, and then. in conformity to the directions given them by the Chief or an Assistant Engineer, they shall work and manage their said engines and apparatus with all their skill and power; and when the fire is extinguished they shall not remove therefiorn until directed by the Chief or an Assistant Engineer, when they shall return with their respective engines and apparatus to their several places of deposit, unless otherwise ordered. Companies, Companies Ito be exero when the season of the year will permit, shall, by order cised. of the Chief Engineer, bring out their hose carts, trucks, or other fire apparatus for work, exercise and inspection and if any firethian shall neglect said duty, or shall willfully neglect to attend at any fire as aforesaid, or leave his post of duty, while at any fire, without permission, or not perform his duty on such occasion without reasonable excuse, he shall he pullnished by a fine not to exceed twenty-five dollars, or by imprisonment not exceeding thirty days. SEC. 13. Whenever any person shall be appointed as Firemen to procure eera fireman, it shall be his duty to procure from the Re- tificate. corder a certificate within one month from the date of his appointment, specifying the name and number of the company to which he has been appointed, and if he has neglected to procure such certificate, within one month from the date of his a,ppointment, such appontment shall be null and void. And it shall be the duty of each company to report on the first Monday of January in 203 ORDINANCES OF THE each yeaf, and oftener, if required, the names of their members to the Common Council. R e sistance SEC. 14. All persons who, at a fire, shall refilse to of officer at firhe,Phu n-obey any order or direction given by a person duly ished, how. authorized to order or direct, or who shall resist or im pede any officer or other person iii the discharge of his duty shall, in the absence of suffiicient excuse, be punished by a fine not exceeding fifty dollars, or by imprisonment not exceeding two meronths. The Chief or an Assistant Engineer, or any Fire Warden, Foreman or Assistant Foreman of any engine, h)ose, or hook and ladder com pany may arrest any such person and deliver him into the custody of the Marshal or any Constable of said city, who shall, as soon as may be, and within twenty-four hours thereafter, convey himt hefore the Recorder or some Justice of the Peace of said city, and such Justice or Recorder shall thereupon, after notice to the person making such arrest, and to the City Attorney, proceed to hear the complaint of the person making such arrest, and the plea of the accuse(l, and to try and determine such cause. leoreman L and others SEC. 15. It shall be lawful for the Foreman or may require ussistanee. Assistant Foreman of any en(rine, hose, or hook ancl ladder company, or of any me'-mber of the Common Council, Chief or an Assi'stant E]ngineer, or -any Fire Warden, to require the aid of any citizen or individual in drawing an engine or other apparatus to a fire, or the aid of any bystander at a fire to work any engine or ap paratus at the same, or perform any other duty or work which may be deemed necessary for the effectual extin gnishment of said fire; and, on neglect or refusal to comply with such requisition, the offender shall be pun' ished by a fine not exceeding twenty dollars, or by im 204 C('ITY OF SAGINAWV'. 205 prisonmient not exceeding twenty days, unless some Pefualty for assist at fire sufficient cause for such refusal or neglect is alleged at Ds u t y of Marshal, the time and made to aLppear ulpon the trial; and any &c., on alarm of such person may be arrested( anrd proceeded with as is fire. provided by the last preceding section of this ordinance. SEC. 16. The Marshal and every Constable of said D u ty of Marshal, city, and such Dep)uty Marshals or Policemen of said city, oalarm of as shall b)e detailed by the Marshal for that purpose, shall, on an al'rm of fire, replair immediately to the place where the file may be, mntd preserve the public peace, and protect anl take charge of property in the vicinity of' the fire; and shall, when directed by the Chief Eng'ineer, l)revent the access of any person to the immediate vicinity of' the fire, except firemen, members of the Corlmmon Council, and such other persons as the Clief Engineer or Chlief Fire Warden may direct; and for any ne(glect to comp)ly witli the provisions of this section, the l)elson() so) neglecting shall be punished by a fine not exceeding fifty dollars, and shall be slubject to removal from office. SLc. 17. The ho)ok (nd lidder and axe men at a fire w h e n h u i I d ings shall, under the direction of' the Chief Engineer, or per- mbuyld eng son(-)r acting as such, with the Mayor, or in his absence, an moved, & Aldernian of said city, cut down and remove any building, structure or material for the p)urp(se of checking the progress of the fire. SEc. 18. No fire enginie, hose ch,t, hook and ladder Apparatus of Fire Dewagon, or truck, or other app)aratus belonging to said partmeent, not to go city, or owned tiherein by the Fire Department, shall be out of city. conveyed or removed beyond the limits of said city with.out the consent of the Chief Engineer or Common Council, and any person or persons who shall remove, or 206 ORDINANCES OF THE attempt to remove, the same without such permission, shall be punished by a fine not exceeding fifty dollars, or by imprisonment not exceeding sixty days SEC. 19. An ordinance entitled "An ordinance in relation to the Fire Department of the City of Saginaw,' approved August 21, 1863, and the atmendments therieto, are hereby repealed. Adopted May 20, 1875. FRED H. POTTER, Mayor J. J. SWARTWOUT, Recorder. [Record Ordinance Book, page ]84.1 An Ordir,ane- relative to special a&essm ents ad col. lection thereof. It is hereby ordained by the Commron Council of the Gity of Saginaw, as follows: ]Upense of SECTION 1. Whenever the Common Council shall gra ing, pvaing and have caused any street, lane or alley to be made, paved, 1D.1an king streets and si dewalks. plainked, graveled or lighted, or caused the grading, pavr] ow as-. esssed. ting or planking of any sidewalk, or making of any drain, sewer or other local improvement, or shall- have directed said work to be done, the Comptroller of said city, when so directed by said Common Conurcil, shall make an assessment against the owners or occupants of the lots or' premises which are in front of,; (r adjoining such work or improvement, and against any other lots or premises which in his opinion are benefited thereby.+ [Record Ordinance Book, blage 124.] omptroller SEC. 2. The said Controller shall make out a written to make out tontdhereCort report and an assessment roll connected therewith, show'introll. Suing the names of the owners or occupants of the lots or premises liable to be assessed for snch work or improve CITY OF SAGINAW. 207 ment, describing such lots or premises; and when the coeSoitlsL of n ~~~~~~~~~~~~~~~~such roll. sanme are unoccupied, and the names of the owner or owners are unknown to said Comptroller, the fact thereof shall be stated in said assessment roll, by being mentioned and described therein as'"non-resident." Said Comptroller shall also ascertain, and in his assessment roll state, as near as may be, the sum of money that each s,ich ownel or occupant, and each of such lots or premises should, in his judgment, be assessed for such wolrk ol itnprovement, which report and assessment roll said Comptroller shall present to the Common Council, [Record( Orcdinance Book, payge.] SEC. 3. The said Comlptroller shall then cause to be N otice of assessmae n t pubiished, in a newsl)aper l)rinted and published in said to hed pubcity, once in each week, for two successive weeks, a notice containing a descriptioin of such work or improvement, and the names of the owners or occupants of the lots or p)remises to be assessed, and pay for the expense thereof; so far as such names appear in said assessment Contents of roll, warning them that they are about to be assessed to notice. defiray the expense of such work or improvement, and that an assessment roll is on file in the office of the Coml)troller of said city for insl)ection, and that at a certatin time and place, to be mentioned in said notice, the Common Council will mee(t and review said assessment roll, on the request of any person conceiving himself aggrieved. [Record Ordinance Book, page 15.] SEc. 4. The Common Council shall, at the time and Common Council to place in said notice specified, or at some session there-take assess ment r o II after to which they may adjourn, take said assessment enratoionsid roll into consideration, and if no person appears to object to the same, and no good cause to the contrary ORjtDINANCES. OF TIIE Avffibdacvatiof appears. and an affidavit of the publicdation of the reputblieation to be presented t 0 quisite notice having been miade and presented to said the Council. Common Council, thev shall, by resolution to be entered Council to approve of upon ther ijournal, declare that they approve of said assessment. assessment roll; that the lots and premises described in Resolution said roll, as benefited by such work or improvemrnent, are, of' approval. CouPtenitsof. in the opinion of said Common Corncril, actually benefited thereby; that they receive as correct the descriip)tion of the lots or premises, and thle names of' the owneirs or occu pants therein contained; and that the sum stated in said assessment roll which each such owner or occupll)ant shoul(d be assessed and pay, be assessed and collected fiomi suchl C ouncIl owner or occupant according to law. But if any suffimay review as essment cient reason appear or be shown to said Common Council, roll, a n d may make a they shall review said assessment roll, and make such an new olie. assessment as shall be just and ri,ght in. the premises; and they may, if necessary, adjourn from timne to time for the purpose of finishing said review of said assess mnent roll. [Recorid Ordinance Book, page 125.] M i s t a kes, SEC. 5. Whenever, by mistake or otherwise, any percertain not t o in,vall- son may be improperly designated as the owner or occudate assess- ment roll. pant of any lot, block or premises in proceedings under this ordinance, or any other ordinance of said city rela tive 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, block or premises, and shlall l-)e collected as in other eases Side'walks SEC. 6. Whenever any paved )or planked sidewalk to be repaired by within said city shall require re)airing, the Street Comnowner of lot missioner shall notifv the owner of the lot, block or premises in front of which sclh sidewalk requires re pairing, forthwith to repair the same; and if such 208 CITY OF SAGINAW. 209 owner or occupant neglect for the space of two days RRefanisal to rear, how after being served with such notice to proceed with all dealt with. due diligence to make the necessary repairs, it shall be the duty of the Street Commissioner to cause such re- Commiss'er, when to repairs to be made, and the expense thereof shall stand as epair, cost of repair, how an assessment against such owner or occupant, and shall collected. be collected in the manner provided for in the collection of sp)ecial assessments: Provided, That if such owner Notice t o non- r e s i - be a non-resident, or unknown, snc}h notice shall be pub- dents to be published. lished, once a week, for two successive weeks, in a newspaper published in said city. SEC. 7. All expenses of special assessments, ordered Expense,sof asssment, by the Common Council, together with the expense of how colllect ed. printing notices, (tnd all other charges relative to such assessnients, antl( the collection thereof, together with the Treasurer's fees, shall be justly apportioned to the persons and property liable to pay such assessments, and shall be collected at thie same time and in the same manner. [Record Ordinance Book, page 125.] S,EC. 8. Whenever any special tax or assessment shall Warrantfor collection of have been laid or imposed by authority of the Common roll, issued by CompCouncil of said city, the Comptroller shall issue a war- troller. rant under his haln and the seal of said city, directed to Comptroll er's w a rthe Treasi'el- of said cit conm Itianding such Treasurer rant, Won city, tents of; to to collect fromi the several persons named in the tax or be annexed to roll. assessment roll, to which said warrant shall be annexed, the several sums mentioned in the last column of said roll, opposite their respective names; and in case any person or persons named in said roll shall neglect or refuse to pay his, her, or their tax, to levy the same, together with said fees, by distress, and the sale of the goods and chattels of such person or persons, and fur 'OtRDINANCES O('F TIE ther commanding said Treasurer to make returns to the Commnon Council within sixty days, of his doings thereon, Comptroller t o deliver and shall deliver said assessment roll and said warrant so warrant and rolltoTreas- annexed thereto, to said Treasurer, and shall charge said urer, a n d cwhahge thim Treasurer with the amount of said tax or assessment with t h e a m o n t thereof. mentioned in said assessment roll. [Record Ordinance Book, page 126.] Treasurerto SEC. 9. On receiving said assessment roll with the collect a s - sessmieo-enton warrant thereto annexed, said Treasurer shall proceed to such roll. collect the assessments therein mentioned, and in case any person shall refuse or neglect to pay the assessment M a y levy against himn, to levy the same by distress and sale of the upon goods and chattels goods and chattels of said persons, wherever the same Notioee of may be found within said city. Said Treasurer shall sale to be givent OCof give public notice of the time and place of sale, and of such notice. the property to be sold, at least five days previous to the N ot icesr,, how tposted sale, by advertisement to be posted up iii three pullic up. ade. h ow places in said city, and the sale shall be by public aulC made. tion; and any surplus, after deducting, the amount of Proceeds of proepeedrty said assessment and all costs and charges fiom the piosold, h o w disposed of. ceeds of such stle, shall be paid over to the person entiTreasurer'stled thereto. Said Treasurer shall be entitled to two fees. cents on the dollar, on the amount of the assessment collected; and in the case of a levy upon and sale of property for the satisfaction of the assessment, he shall, for his services in each such case of levy and sale, be entitled to one dollar and twenty-five cents, to he re tained out of the proceeds of such sale. [Record Ordinance Book, page 126.] Trea surer SEc. 10. The Treasurer shall make returns of his T r etaurertoI, retur doings within the time mentioned in said warrant. to roll, when. the Common Council if in session, and if not, then at their next meeting. If any person or persons against 210 (C,'ITY OF SAGINAW. 211 whom or upon whose lands and premises any such rTerteasurerns return, conassessment may have been made, are non-residents of tents of. such city, or unknown, or if goods and chattels of any such person or persons can not be found, and the tax or assessment remains unpaid, the Treasurer shall state such fact etr to Return to0 verified by affidavit, and annex the same to a list of such be sworn to. D e linquent land on which the taxes or a(ssessmlents have not been list.uent paid, and the Recorderi, under the direction of the Common Council, shall give to the Treasurer such credit as may be jutst. SEC. 11. Said(l warrant may be renewed from time to Warrant may be retime, if the Common Council shall so direct, not to ex- newed. ceed sixty days in all. SEC. 12. If the sl)ecial assessments on any real estate Delinquent assessments shall be returned as aforesaid, unpaid, any person may maybepaid to the Repay the tax on any part or undivided interest in such corder. lands or premises, with interest calculated thereon, from Interest on the ldate of the return thereof to said Recorder, at the seesmeents. rate of fifteen p)er cent. per annum, and the suml of twenty-five cents on each certificate containing one de- lecorder's fees. scription, and for each additional description in the same certificate, six cents f?r office charges to the Recorder aforesaid, for his use at any time before they are sold for taxes The said Recorder shall issue duplicate receipts Recorder to give duplifor all taxes received by him, which shall not operate as c eipt e re eeipts. a discharge until countersigned by the Mayor of said Receipts to be countercity, and one of said dul)licates shall be left with such signed b y Mayor, but no additional charge shall be made for Mayor. One receipt issuino, dllr)lieate receipt,;. to be left issuing licate eeipt with Mayor. SEC. 13. All land returned to the Recorder, as pro-Returned lands a u bvided in this ()rdinance, upon which the taxes, interest jtton s. and charges shall not be paid, shall be shubject to sale and resumption as hereinafter provided. ORDINANCFS 01 T'1[IE Recorder to SEC. 14. If any special assessment, or assessments ma k e a statement of returned and the interest thereon afterl being re turned to said Relands. corder as herein aforesaid, shall remain due and unpaid for the period of two days next succeeding the time of said return to said recorder, it shall be the duty of said Recorder to make out a statement of all such land as the RI e c order's statement, assessment aforesaid shall remain due upon; specifying controts of. the amount due on each parcel, the interest thereon up to the day appointed for the sale of sa,id land, at the rate of interest aforesaid and the office charges, together with the cost of advertising, expenses. of' sale and con veyTances, calculated upon each description by dividing such charges by the whole number of descriptions. sta tement Preceding such statement the Recorder shall cause to be to be pb lished b-e published in said city, for eight weeks successively after fore s a I e eightweeks. the same shall have been mnade out, in a newspaper Statement printed and published in said city, and shall also post to be posted in tPhree three printed copies of said statemrent in three public places t w o weeks. places within the limits of said city, for at least two weeks preceding the time of sale in said notice mentioned. Cos t of p r i n t i n g printing and advertising. SEC. 15. The cost of' printing and publishing said statement shall not exceed folty cents for each description of land so advertised., and no printer shall be paidl for publishing any such statement who shall not present to the Recorder, within three (lays after the last publication thereof, an affidavit of the publication therof, for the term as required hlerein. Notice. tobe SEC. 16. The Recorder shall annex to, and cause to p ub i i shed with state- be published with each of said statements, a notice that ment. Contents of So much of each tract or parcel of land described in said notice. statement as will be necessary for that purpose, will be sold by him at the expiration of three months from the date thereof; at the office of the Recorder, in said city, 212 CITY OF SAGINAW. at an h)our therein to be designated, for the payment of special assessments, interest, and charges thereon. SEC. 17. On the day designated in the notice of sale, sales, when the Recorder shall commence the sale of those lands on mence. which the special assessments have not been paid as aforesaid and shall continue the sale from day to day Sale to be c o n tinued, (Sunidavs excepted) until so much of each parcel thereof how long. shall be sold as shall be sufficient to pay the taxes, interest, and charges thereon: Provided, That every description of land embraced in said notice, which has been bid off to the city at a previous sale, and which remains unredeemed or otherwise undisposed of; shall be bid off to the city by said Recorder. SEC. 18. In case less than the whole of any parcel When part of lot sold, described in the statement aforesaid shall be sold for the where tobe taken. assessments, interest, and charges thereon, the portion thereof sold shall be taken from the easterly end or side of stuch parcel, and shall be botunded on the westerly side by a line running parallel with the easterly line thereof; unless the same shall be an irregular fraction, in which case the portion thereof so sold shall be bounded on the west side by a line running due north and south. SEC. 19. The Recorder may, in his discretion, require Payment of bids, when immediate payment of any person to whom any parcel to be made. of such land shall be struck off, and in all cases when payment is not made in twenty-four hours, he may declare the bid cancelled(l, and at his discretion sell the land again. SEC. 20. At any such sale if' any parcel so offered Recorder mybid in shall not be purchased by any person or persons at said lmnays fo salie, the same shall be bid off by said Recorder for and city, when. 213 O'lRDINANCES OF TI'lE in the corporate name of said city, and all land so bid off by the said city shall be offered at the sale next suc ceeding the sale at which the same was so struck off to said city, unless the same shall have been redeemed or purchased according to the provisions of this ordinance Proviso as Provided, That no land bid off for and in the name of to lands bid in by the said city, shall be offered at public sale until the expiracity. tion of one year from the date of said purchase by said city. Certficate SEC. 21 At the sale aforesaid, the Recorder shall of sale to b e given, and copy to give to the purchasers, on the payment of their bids, a be filed in toe corder's certificate in writing, describing the land purchased and ofiee. amount paid therefor, and such certificates shall be regu larly numbered, and a duplicate copy of each filed in the office of said Recorder. Redempti'n SEC. 22. Any person claiming any lands sold as of lands so d, b aforesaid, or any interest therein, may, at any timo whom, and lowmade. within one year next succeeding the sale, redeem any parcels of said lands, or any interest thelcein, by p)aying to the Recorder the amount for which such parcel was sold, or suich portion thereof as the part or interest reInterest on deemed shall amount to, with interest thereon at the rate lenmd,a re-of twenty-five per cent. per annum, of which interest doemeal-(,and how applied fifteen per cent. shall be paid by the Recorder to the purchaser, and ten per cent. shall belong to the city, tnud shall, by the Recorder, be paid over to the Treasurer of the city, and the Recorder shall take his receipt therefor, which he shall deliver to the Comptroller, who shall charge the Treasurer with the suni so paid to him by the Recorder. [Record Ordinance Book, page ]97.] Interesat, SEC. 23. When any land shall be redeemed as proh o w computed. vided in the preceding section, the interest shall in all 214 CITY OF SAGINAW. 215 cases be computed from the day of sale up to the end of the current quarter of the year directed for such redemption. SEC. 24. On presentation to the Recorder of such Deed, when and how certificate of sale as provided in section twenty-one (21) executed. herein, after the expiration of one year froni the date of such certificate, said Recorder shall execute to the purchaser, his heirs and assignees, a deed of the land in such certificate described 7inless he shall have discovered When Re c~order may that the taxes for which said land was sold had been paid witdhhold deed. according to law, and in such cases he shall, on demand of the person holding said certificate, cause the money paid therefor to be refunded, with seven per cent. interest thereon firomt the date of such certificate, which deed shall be prima facie evidence of the regularity of all Efect o f ' ~~~~~~~~~~Deed. the proceedings to the date of the deed inclusive, and of title in fee in the purchaser; and every such deed, when witnessed and acknowledged in the manner prescribed by law for witnessing and acknowledging deeds in other cases, and after it shall have been on record two years, in the office of the Register of Deeds, in the county of Saginaw, shall except 1st. When the land sold was not subject to taxa- Exceptions. tion at the date of the assessment of the taxes for which it was sold; 2d. When the taxes have been paid to the]proper officers within the times limited by law for the payment of redemption thereof; or, 3d. When a certificate that no taxes were charged against the land, has been given by the proper officers within the time limited by the law for the payment 216 ORDINAN,ES OF' THE Whvidaeedo thereof-be positive evidence that the lands described evidence of. ro-ep~uv v~ec were by such deed conveyed in fee simple to the grantee therein namned, and his heirs and assigns; and no suit of ejectment shall be commenced to recover said land or title thereto, or be sustained thereafter by any person alarming, holding possession or title through any other source. Lands un- SEC. 25. All such lands remaining unredeemed, exred e emed subJcte it o cept such descriptions as the city may have a title to, br taxation.? the tax or taxes for another year or years, shall be sub ject to sale at any time, at the ofice of the Recorder; and upon the payment thereof to the Recorder of the amount for which such lands were bid off, with interest at the rate of twenty-five per cent. per annumn, to be computed from the day upon which said lands were bid off to the city, to the time of suicl application, the Recorder shall issue to the purchaser a certifieate of purchase. [Record Ordinance Booc, page ]97.] ORDINAN(,ES OIF'TlE P u r chaser SEC. 26. If such lands shall be redeemed, the purof redeemed lands enti-chaser sh all be entitled to the amount bid by the city, tied to am't of bidt and with twenty-five per cent interest, as contemplated and interest. provided for in section twenty-two of this ordinance Proviso. Pr2ovided, That the sum relunded to the purchaser shall in no event be less than the sum paid by him upon Deed to such purchase. But if such lands are not redeemed in purchaser. accordance with the provisions of this ordinance, the Recorder shall, on the surrender of such certificate of purchase, execute to the purchaser a deed for the lands therein described, which deed shall have the same effect, in all respects, as is provided in section twenty-four of this ordinance. [Record Ordinance Book, page 1,2.] (CIT'Y OF SAGINAW. 217 SEC. 27. Any description of land bid off to the city,'Ive-yeha r at any sales under the provisions of this or dinance, tle toi vest which shall have remained undisposed of for five years from the date when it was so bid off, shall vest in the city an absolute title in fee simple. SEC. 28. The Recorder shall render to the Common Recorder to render Council, within fifteen days after any sale of lands as statement to Common herein provided, or as soon thereafter as said Common claonlsoldf Council may convene, a statement of all proceedings had &c by him under and by virtue of this ordinance, in detail, showing the description of the lands sold, the amount Contents of statement. for which each parcel shall have been sold, the names of the purchasers at such sale, the amount of money received by him at such sale, or for redemptions or paymnents, together with a description of the property sold, which statement shall be verified by the affidavit of said Recorder. SEC. 29. All mioney received bv the Recorder from Proceeds from lands sales made by virtue of the provisions of this ordinance, sold to be p a ipd to less his fees for office charges as herein provided for, Treasurer. shall, on the first Monday of each month, be paid over by the Recorder to the City Treasurer of said city, and R d t Recorder to the Recorder shall take his receipt therefor, and deliver take receipt therefor. the same forthwith to the Comptroller, who shall at C optrolonce charge the Treasurer with the amounts thus paid er'sduty. to him. [Recorcd Ordinance Book, page 198.] SEC. 30. All lands bid off to the city, as provided in Lands b id off to city section twenty herein, shall continue liable to be taxed stieiliableto be taxed. in the samne manner as if they were not the property of the city, and such taxes shall be a charge upon such land. 218 Repealing section. SEC. 31. All ordinances or parts of ordinances heretofore passed, contravening the provisions of this ordinance, be and the same are hereby repealed. Adopted April 26, 1865. STEWART B. WlLLIAMS, Mayor. A. F. R. BRALEY, Recorder. [Record Ordinance Book, page 24.1 An Ordtinance regulating water rates and the use of water from the City Water Works, and the assess ment and collection af such water rates, and provid ing for tle care and protection of the Water Works. It is hereby ordained by the Common Council of the City of Saginaw: Rates for SECTION 1. All persons using using waterl from the water. City Water Works, shall pay tlherefor at the following rates, viz Dwelling Dwelling houses with six rooms or less, and only occIuhouses. pied by one family, and using one faucet, five dollars ($5) per annuin-each additional faicet, one dollar ($1) and each additional room occupied ly the family, one dollar ($1. All tenement houses, occupied by more than one family, to pay the same rates as above, for each family, fauicet and room. Hotels. Hotels and boarding,-houses, five dollars per annum, and orne dollar in addition thereto, for each room therein. Saloosns and Saloons, grocery and provision stores, each, five dollars stoper annum.es. per annum. Bathing. Bathing apparatus for family use, three dollars per annum, and for the use of guests and boarders, at a hotel or boarding-house, ten dollars per annum. Public bathing tubs, ten dollars per anngim. CITY OF SAGINAW. Water closets for family use, three dollars per annum; Wsetater clowater closets in public houses, six dollars per annum for each bowl therein. Urinals. five dollars per annum, each. Steam engines to be assessed. Private stables for one horse or for one cow, and in-Stables cluding the use of water for washing carriages, three dollars per annum, and for each additional horse or cow, one dollar. Livery stables, including water for washing carriages, one dollar and fifty cents per annum, for each stall therein-double stalls to be, counted as two stalls, or they may be assessed. Hotel stables, each stall one dollar and fifty cents per annum, including the use of water for washing carriages. Street sprinklers-For each cart, wagon or team em- Sprinklers. ployed thereon, fifty cents per day. Buitcher's stalls, ten to fifteen dollars per annum. Fountains-One 1-16 inch jet, six dollars per annum, Fountains. and each additional 1-16 inch jet, three dollars per annum, and larger jets to be subject to special assessment; and all fountains playing more than eight hours per day, shall be subject to special assessment in addition to the above rates. Blacksmith shops-One forge, five dollars per annum, Blacksmith. and each additional forg,e, two dollars per annum. Mills and manufactories, to be assessed. Stone work, three cents per perch. Stonework. Brick layin(rg,ten cents per thousand. Brickwork. Plastering, one hundred yards, twenty cents;. Plastering. Garden hose and street washers, five to fifteen doltlars Gardenhose per annum. 219 Enginer,. I Butchers. Mills. ORI)INANCES, OF TIIE Barbershop Barber shops, five dollars per annum for one chair, and for each additional chair, one dollar. Private hy- Private hydrants, for fire protection, and used for no drante. other purpose, no charge. Other pur- Water used for other purposes to be paid for as folposes. lows: 1,000 gallons or less, foilr cents per 100 gallons; 1,000 to 5,000 gallons, three cents per 100 gallons.; 5,000 to 10,000 gallons, two cents per 100 gallons; over 10,000 gallons, one and a half cents per 100 gallons. Consumers SEC. 2. All persons using water from the City Water must co nsenttorules Works, under a permit from the proper authority, shall and regulationuB. consent to and be bournd by the following rules and regu lations 1st. The Water Commissioners, and a}l officers appointed by, and all persons employed'by the Board of Water Commissioners, when directed by the Board, to have free access, at all reasonable hours, to all houses and premises where water is used. 2d. Hydrants, plugs, stop boxes, hose and all other attachments and fixtures, must be kept in complete repair by the owner or occupant of the premises where located or used. 3d. In no case will hose be allowed for the purpose of sprinkling sidewalksy gardens, or lawns, or washing carriages or other vehicles, with outflows or nozzles larger than one-foulrth of one inch in diameter. 4th. Persons using water are absolutely prohibited from allowing any leakage or waste thereof. 5th. The unnecessary flow of water, while washing sidewalks, or using water for any other purpose, is prohibited. 2,20 CITY OF SAGINAW. 221 6th. No person, without a written permit from the proper officer, shall be allowed to turn any public or private stop cock. 7th. All service pipe must be laid at least four feet below the surface of the ground, and all pipe outside the public stop, must be extra strong, as designated. 8th. In all cases where more than one family or other consumer is supplied from a pipe or pipes governed by one stop, some one person must become responsible for the payment of all bills, and for the keeping in good repair of all pipes, hydrants and other fixtures or apparatus. 9th. Cisterns located on premises where there is no hydrant, must not be filled from the hydrants in any case without special permit, of the proper officer, in writing. 10th. When hydrants are so located as to be exposed to use by non-renting consumers, the parties renting such hydrants will be held responsible for such use, and will be charged additional rates. 11th. Upon the return of a bill to the office for non payment, the water shall be immediately shut off, and it shall not be turned on again until the bill due is paid; and where the ferrule is withdrawn, five dollars addi tional will be charged for resetting the ferrule. 12th. No owner or occupant of any building in which water is introduced, will be allowed to supply other persons or families, and if found doing so the supply will be stopped. 13th. When two or more persons shall be supplied from one pipe connecting with the distributing main, on the failure on the part of one of said parties to comply . 221 CITY OF SAGINAW. 222 O(RDINANCES OF TITHE with the rules and regulations contained in this section, the Superintendent shall withhold the supply of water from such main without any liability whatever, and all payments made shall be forfeited. 14th. No addition or alteration whatever in or about any pipe or water-cock shall be made, or caused to be made by persons taking water, without permission there for, in writing, from the Superintendent. 15th. All persons taking water shall keep their ser vice pipe, stop cocks, and all apparatus connected there with, protected from frost, at their own expense. And it is expressly stipulated that no claim shall be made against the city for, or by reason of the breaking of any public or private pipe or cock, valve or hydrant. 16th. No hydrant shall be permitted on the sidewalk, nor to he kept running when not in actual use; and taps at wash-basins, wash-closests, baths, urinals and other places,, must be kept closed in like manner. 17th. Persons using water, must at all times frankly and without evasion or concealment, answer all questions of the Superintendent, relative to the tuse and consumption of water. 18th. In case of any fraucdulent representation or misstatement on the part of the applicant, in his application, or of any use of the water not embraced in his application, or of any wilful or unreasonable waste of the water, the Superintendent shall have the right to forfeit the payments made, and to cut of the supply of the water unless the party shall promptly pay suich additional charges as the Superintendent may impose. Fine for vi- SEc. 3. Any person who shall violate any, or either olation o f rules of the rules and regulations mentioned in section two of CITY OF SAGINAW. 223 this ordinance, shall, on conviction thereof in addition to the forfeitures and liabilities therein contained, be punished by a fine of not less than five dollars, and not more than fifty dollars, and the costs of prosecution. SEC. 4. All water rates are to be due and payable Water rates half yearly in advance, as follows: On the first Mon- when due. day of March and September of each year. All payments of water rates must be made to the City Treasurer, and if not paid during the first month of the half year, five per cent shall be added thereto, and if not paid during the second month of the half year, ten per cent. shall be added thereto. After a water rate shall remain due and unpaid for two months, the Superintendent shall collect the same, and shall add ten per cent. thereto for his fees. And any person who shall refuse on demand to pay the water rate that may be due from him, he shall have his supply of water shut off, and it shall be the duty of the Superintendent at once to cut the same off, and he shall not thereafter be allowed to receive water until all arrearages are paid. [Record Ordinance[Book, page 168.] SEC. 5. No person shall in any manner obstruct the Obstruetion access to stop cock, valve or hydrant connected with any water pipe, in any street, alley or public place, within the city, by means of any wood, lumber, brick, stone or other articles, or thing whatever. SEC. 6. No person (other than the members of the Who may o p en hy. Fire Department of the city, for the uses and purposes drantits.. hy of said Department, and those especially authorized by the Board of Water Commissioners or the Chief Engineer of the Fire Department,) shall open, or attempt to open, any hydrant, or draw, or attempt in any way to draw 22 RI-NCSO fl water from the same, or in any manner interfere with any of said hydrants. n j u rig SEC. 7. No person shall wilfully or carelessly break or injure any public hydrant, or faucet, or waste the water at any such hydrant. Wrenches SEC. 8. No member of the Fire Department shall not to be taken from let, suffer or permit any person to take wrenches, furhose house, ,hen. nished the hose companies, to be used by said companies in case of fire, away from the hose house of the company to which such wrenches are furnished, except as such wrenches accompany the hose carriages, on occasion of fire, or alarm of fire, or for other proper purposes of the Fire Department. Violations SEc. 9. Any person who shall violate any of the proof 5th, 6th,.. ith, and Sth visions of the fifth, sixth, seventh and eighth sections of sections,fine for. this ordinance, shall, on conviction thereof, be punished by a fine of not less than five dollars, and not more than one hundred dollars, and costs of prosecution and the Court imposing such fine, shall make a further sentence that the person so convicted be imprisoned in the Sagi naw County jail until such fine and costs are paid: Provided, such imprisonment shall not exceed ninety days. Publis hy- SEc. 10. All hydrants heretofore constructed, placed clrants. or located, or that may hereafter be constructed, placed or located by the Board of Water Commissioners, for the purpose of extinguishing fires in this city, are hereby declared to be public hydrants. Water sfut SEC. 11. Any person, from whose premises the water off, not to be et on when. shall have been shut off for non-payment of his water rates" or for any violation of any provision of section 224 ORDINA.LNCES OF THE CITY OF SAGINAW. 225 ~~~~~~~~~~~~~~_ two of this ordinance, who shall let or in any manner use the water from or through the pipes entering his house or upon his premises, without authority from the Superintendent, shall, on conviction thereof, be fined not less than five dollars, and not more than twenty-five dollars, for each and every offense, and costs of prosecution; and the Court before whom such conviction may be had, may in lieu of such fine and costs, sentence the person so convicted, to the Saginaw County jail for a period of not less than ten days and not more than ninety days. SEC. 12. The Street Commissioner shalt act as Su-SdePtrrten perintendent of the Water Works, and, in his capacity of such SupeLintendent, he shall act under the direction of the Board of Water Commissioners. [Record Ordinance Book, page 17].] SEC. 13. All applications for a permit to use water Applica tions, h o w from the Water Works, shall be made in writing, upon made, con e tents of. a book to be kept by the Comptroller for that purpose, and shall state fully where and for what purpose the applicant desires the water; and such application shall be signed by the applicant, and shall contain stipulation tipulations in applicawaiving any claim against the city for or on account oftions. any damages that may result from or be caused by any defective hydrant, pipe, valve, stop cock, or any other apparatus or thing connected with the Water Works and used in the introduction of water to his premises and the owner of the premises where it is proposed to introduce the water, shall consent in writing to the introduction of the water, and to all the conditions of such application. [Record Ordinance Book, page 171.] ()RDINANCES OF 0 llE Du pei ytey of SEC. 14. On receiving notice of such application, Superintendent on applicatioan. the Superintendent shall forthwith )proceed to examine the premises named in the application, and, no objection Permnit,who appearing thereto, he shall join with the Comptroller in to issue. issuing to the applicant a permit to use the water ac cording to the terims of the app)l)lication. The Superin tendent shall make, or cause to be made, the necessary connections with the public pipes; and all the work of C o n n e e- trenching and laying the pipe, and the connection thereof tions, b y whom made with the public pipe, shall be done under the immediate inspection and subject to the direction of the SuperinCost of con- tendent; and all such work shall be done at the cost of nee tions, how paid. the applicant, and the city shall not in any event be liable to pay therefor. [Record Ordinance Book, page 17.] Applicati'ns SEC. 15. All applications for water shall be carefully to be preserved. preserved by the Comptroller, in his officie, and he shall P e r m i te, keel) a full record of all permits issued, and a record of records o f and of with- all permits revoked, or withdrawn by order of the Board drawal. of Water CormlAissioners, which last record shall state fully, the cause of such revocation or withdrawal; and the Board shall have power to revoke or withdraw any permit for a violation of any provision of the rules and regulations contained in this ordinance. [Recoird Ordinance Book, page 172.] Plumbers SEC. 16. No person shall be employed or allowed to must be licensed. make any connection with the public pipes of the Water Works, or (lo any work of a plumber thereabout, unless he shall be duly licensed by the Board of Water Com missioners; and the charges and fees of plumbers for their work shall be fixed by the said Board. T r e a surer to be noti- SEC. 17- When a permit is issued to any person to fled of permits issued. use water, the Comptroller shall forthwith notify the 226 (,CITY 01F SAGINAWV. 227 City Treasurer thereof. If the amount due thereof shall w h e n Iremain unpaid for one month, the Treasurer shall imme- bewater mcutoay f o r nondiateel thereafter,ive the Comptroller and Superintend- payment of water rates. ent notice thereof; and if the samne shall not be paid on demand of the Superintendent, he shall at once cut off the supply of water froIn such delinquent, and the Board shall thereupl),n revoke and withdraw such person's permit to use water. [Record Ord,inance Book, page 172.] Adopted August 21, 1873. BENTON HANCHETT, Mayor. Joui, B. ScHIcK, Re{coirder. [lPecord Ordinance Book, page 16'1.] INDEX TO THE CHARTER. PAGE. 37 40 40 9 ACCOUNTS-Council may endorse amount due on - - - must be verified by oath β€”----------------- must set forth details thereof, ALDERMEN-when and how elected, to be inspectors of election, annual, city, state and county, _.._._._._.-. β€”-------β€”.- - duty of to attend all meetings of the council,.. to act on committees, &c.,......... may order arrest of persons violating the laws,ALTLEYS-council may lay out and vacate, proceedings to vacate, ---------- ANNUAL ELECTION-wlhen and where held, 1. notice of --------------------------------- duties of ward inspectors, 1. APPEAL-firom award of damages,........ when and how made, β€”--------------- costs on appeal, when not to be recovered,.. person convicted of offences may appeal, APIPOINT'MENTS-of city officers, to office, how made..... ANNUAL STATEiMENT-whien to be made, -------- 3 to be signed by mayor and recorder, β€”-------- copy to be published in newspaper, β€”-------- ARRESTS β€”may be ordered by aldermel, ----------.. sNe, 28 40 40 5 10 39 39 40 27 28 10 10 10 29 29 30 49 13 31 37 37 37 40 6 37 37 37 15 15 6 6 6 15 15 15 60 8 17 29 29 29 37 230 INDEX TO TIIE CHARTER. PAGO. SEe. 40 39 36 27 32 20 31 20 32 20 32 20 32 20 31 17 41 42 42 44 40 41 13 $ 41 43 47 54 49 61 22 10 21 10 27 14 27 14 27 14 27 14 41 43 ASSESSMENTS-anniiual, when and how made, council may provide by ordinance for collection of invalid, special, may be reassessed, for improvements, how made, how collected,....- ---- 3 interest on such assessment,........... lien on real estate for 32 2 only to be ordered by majority of all aldermen elect ASSESSMENT ROLL-when to be completed, β€”---- -- to be delivered to board of review, ASSESSOR-of the city, ATTORNEY-to be appointed by council,.....3 to be member of board of review, duties of member of coiuncil. may complain in writing of offences,...... AWNING POSTS-ouncil may regulate settiing of - 2 BATHING-council may regulate in public places, --- BARNS-council may prescribe location of, BOARD OF HEALTH-council may establish, council may invest it with necessary powers. β€”---- may impose on it certain duties, BOARD OF REVIEW β€”how composed and duties ofBOARD OF SEWER COMMISSIONERS common council may create and prescribe powers and duties of BONDS β€”council may require officers to file new bonds, of city only to be given as provided in sec. 84, recorder to give bond,............. official, where to be deposited,. treasurer's. when to be given, of the city, how authorized. to be issued,.. when the common council may issue,...... proceedings on special election to vote bonds,.. 61 31 37 95 is 29 33 34 49 84 8 -a .84 38 39 45 58 59 58 INDEX TO THE CHARTER. PAGE. 21 48 6 6 22 22 25 BOOKS-indecenlt, council may prohibit sale of,. - --- papers, books, &c., to be delivered to successor, - - BOUNDARIES-of the city, of wards,. CEMETERIES β€”and grave yards, council may regulate, may acquire without the city, β€”----------- may purchase land beyond city boundaries for --- may make contract with township of Saginaw to build road to, council may make road beyond city limits to the cemetery,................ CHARTER ELECTION-election, when and where held how conlducted, when and how result determined, persons elected at, to file oath, CITY-boundaries, division into wardis, hall, council may build,............ council may buy real estate therefore, -.... assessor,................... attorney, member of board of review, β€”------- funds in treasury of, interest on, β€”------------ CITY OF'-SAGINAW CITY"- acts of confirmed,. act to incorporate repealed, β€”-. COMMITTEES-aldermen to act on, COMMON COUNCIl-, β€”how constituted, to decide tie vote, β€”----------------------- quorum,........ may be summoned by mayor, may be summoned by recorder in mayor's absence, power to compel attendance, may impose fine for non-attendance, β€”-------- - - - who to preside over,.............. 231 SEC. 10 55 2 3 10 10 10 60 92 60 10 10 10 11 6 6 18 18 40 41 61 58 59 39 11 11 12 12 12 12 12 12 92 6 6 6 6 2 3 10 10 41 43 96 82 87 37 7, 6 7 7 7 7 7 7 232 INDEX TO TIHE CHARTER. PAGE,. SEC. COMMON COUNCIIl β€”(Continued.) in absence of mayor and recorder, may appoint president and recorder pro. tern., - - ----- no member to vote when he has an interest in the question, -β€”.-.-.-.-.-..-. no business to laspe, or fail for want of a quorum, may pass questions over the mnayor's veto, ---- may appoinit attorniey, may remove members of the council, β€”--- may remove all appointed officers, ------- may issue subpoena, may appoint to fill vacancy, special election ordered by, to fill vacancy, when, may fill vacancies in office held by appointment, to have control of finances of city, to preserve purity of water in Saginaw river, -- to erect wharves at foot of streets, &c., ------ to license ferries, ---------------- to regulate dock line, to regulate private wharves, may lease wharves at foot of streets, to provide for draining swamps in, or within three miles of city, to pay damages when caused by drains, proceedings to drain, to prohibit construction of wooden buildings,__ to establish fire limits, to appoint inspectors of articles to be me'Lasured,to provide for paupers may prohibit the bringing of paupers to the city, may build city hall, -- may purchase real estate for, may preveiit vice, preserve the peace,( 12 12 13 13 14 14 14 14 15 15 15 15 16 16 16 16 16 7 7 7 7 8 8 8 8 9 9 9 10 10 10 10 10 10 10 16 16 16 17 17 17 17 17 18 s18 18 10 10 10 10 10 10 10 10 10 10 10 INDEX TO THE CHARTER. 233 PAGe. SEC. COMMION COUNCII β€” (Co itinued.) may maintain a police,....................IS 18 10 may restrain houses of ill fame 18 β€”-------------β€” S 10 may prevent gaming 1 β€”----β€”. i8 10 may restrain and prevenrt sale of liquor, -------- 18 10 may punish drunkards, vagrants, &c., ----------β€” 18 10 may prohibit and license public exhibitions, -. 18 10 may prohibit and abate nuisances, ------------β€” 19 10 imay regulate slaughter houses,......19 10 may prevent obstructions of streets, &eC. β€”------β€” 19 10 may prevent fast driving, β€”-------------------- 19 10 may prohibit clogs riunling at large, β€”----------- 20 10 may regulate use of locomotives,......20 10 may require railroad companies to light track, 20 10 may p)revent indecent exposure of the person, -- 21 10 may regulate bathing inl public places, -.-.-. β€”-β€”. l0 may prohibit sale of indecent books, &c.,....21 10 may punish d(isorderly langtuage........ 21 10 may establish pounds,............22 10 may pi-event gaiming, ------- 22 10 may prevent violation of the sa,bbath, 22 10 cemeteries -nd grave yards, may regulate, _..22 10 dead carcass, may prohibit bringing or leaving within~~~~~~~~~~~~W ciy0 fire-wood, may regulate the gale of hay, may regulate the sale of ---------- fiarm prodluce, may regulate sale of ------- meetings of electors, cotuncil may call,.. pay of city officers, may regulate, pay of city oeice is, how changed by council, boundclaries of city, streets, parks, &c., fixed by council, -_____ ____________ license, may grant, for what purpose, 22 22 22 22 22 22 22 23 10 10 10 10 10 10 10 10 23 23 10 10 INDEX TO TIIE CHARTER. PAGE. SEc. COMiON COUNCIl, β€”(Continuedcl.) sealers of weights and measures, may appoint. 24 may punish violation of ordinances, ----------β€” 24 may put persons imprisoned at work on streets, 25 power of, to make ordinances relative to fire, β€”. 25 power of, to organize fire companies. β€”-------β€” 25 power of, to regulate working on the streets,..27 how to acquire land for streets, 27 may purchase land for streets, - ------- 28 coincill may appeal from award of damages,..29 judge of election and qualification of members of, 30 may compel attendance of members, ----------β€” 30 may require any officer to file new bond, 31 meetings of, to be public,....31 majority of aldermen elect necessary to pass any ordinance.... 31 may assess poll tax, ---------------------- 34 to perform duties of township boards, 34 may raise by tax money to pay expenses of city,_ 34 highway tax to be raised by-limit of ---------β€” 35 not to issue bonds except as provided in sec. 84, 37 two-thirds vote necessary to grant special rights, 31 COMPI'LAINTS-who may make, how made,.. β€”. 49 proceedingson, - - -------------------------- 50 made by city attorney, in witing, 49 duty of recorder, when made,........50 COMPT'ROLLER-how appointed,. 14 to be assessor of the city, - ------------------ 14 to make annual assessment of taxable property. how and when ------------------------- 40 to perform such duties as may be prescribed by ordinance, β€”--------------------------- 40 to be member of board of supervisors, β€”--------- 40 to be member of common council, but not to vote, 41 234 10 10 10 11 I 11 15 1 1- i 15 15 la. I 6 I 8 1 9 19 21 22 24 24 28 19 61 62 61 61 8 8 39 41 41 41 INDEX TO THE CHARTER. 235 PAGE. SEc. COMPTROLLER-(Continued.) when to complete assessment roll, -41 42 member of board of review, ----------------β€” 41 43 to deliver assessment roll to board of review,..42 44 to apportion taxes, &c., 43 46 CONSTABLES-when and how elected, 9 5 to receive same fees as township constables,..56 75 CONTRACT-for deposits of city money, by the council, 61 96 COPIES β€”certified, made evidence, -.57 79 CORPORATE-name,............5 1 boundaries-...............6 2 officers,.....................................8 4 taxes, council may assess,......... 24 10 act, a public act &c.,.......... 60 89 COSTS-officers sued, may recover double costs, when. 56 78 DAMAGES-for land taken fobr streets,........ party claiming may appeal,........... council may appeal from an award of β€”------- DELPUTY MARSHALS-appointment of. powers and duties ot............. DEPUTY TREASURER-how appointed, β€”------- may perform duties of treasurer, -. DETROIT HOUSE OF CORRECTION-commitment to, when?... DIRECTOR OF THE POOR-how appointed, β€”---- - duties and powers of.. DISORDERLY HOUSES, and hodses of ill fame, council may prevent, 18 1 DISORDERLY LANGUAGE-council may punish,-. DOCK-council may fix line of β€”- 6 DOG3S-council may prohibit running at large,r... DRAINS-council may make drains, &c.,....... cost of, how assessed,............. 29 29 29 46 46 45 45 15 15 15 51 51 49 49 51 13 47 63 8 52 is 21 16 20 31 31 10 10 10 1020 20 INDEX TO TIlE CIIARTER. PAGE. SEC. 18 10 DRUNKARDS council may punish,..... ELECTION-annual, when and where held,...... all elections conducted as in townships,-.......... special, when to be ordered,_-.................... ENGINEER FIRE DEP'T β€”how appointed,_-......... EXECUTION β€”may issue for n1o01-payment of file,... may command imprisonment,.-.................. FARM PRODUCE β€”council may regulate sale of,..... FEES β€”on special assessments,-........................ of treasurer, for collecting general taxes,-_-........ FERRIES-may be licensed by council, _ - _..... FINANCES-subject to control of couucil,-_-........... FINES-may be sued for by attorney-.................. common council may remit,-................... how collected,. β€”-. β€”------------- imprisonment for non-payment of-................ must be paid into the city treasury,-.............. limit of,-......................................... council may make ordinances relative to..... FIRE COMl'ANIES β€”duties of_-....................... council may organize,_-......................... powers of, as to rules, electioni of officers,_..... members of; to obtain from recorder certificate,._ FIRE LIMITS β€” council may establish,-................ FIREMEN β€”exempt from juries, &c.,................... FIREWOOD β€”council may regulate sale of-............. council may appoint inspector of-.................. GAMING β€”council may prevent-....................... GRADING β€”streets by council,-....................... cost of, how paid,-_-............................ GRAVELING β€”colncil may gravel streets, cost of; how paicd, -. -... β€”.............-~-....... 2.86 10 10 l15 14 50O 9 62' 62 22 .32 44 16 15) 49 61 2452 24 25) 2. 25 26 17; 17 17 318 31 31 t0} 20 48, 1Q 10 6)2 62: ]() 67 1Q 11 12. 11 11 11 10 11 10 10) 10} 2O) INDEX TO THE (,HARTER. 237 PAGE. SEC. HAY, AND FARM PRODUCE β€”coulleil may regulate sale of............ β€”-----------------β€”.. 22HEAI,TlH-council may pass ordinance to preserve the public health, ---------------------------- 27 board of, council may establish,............... β€”-----β€”.. ---β€” 27 HOUSE OF CORRECTION β€”persons may be com mitted to-................................51 IMPRISONMENT-for nonI-payment offine, β€”-------- 24 1limit of........... β€”--------β€” 24 person inmprisoned may be employed on streets, 25 persons may be imprisoned, or for 1non-payment of fine,. β€”------------------------------- - 50 IMPROVEMENTS-assessments for, require majority of all the aldermen ele(t.......... 31 INDECENT EXPOSURE-council may prohibit and punishl..............21 INSPECTORS-of articles to be measured. weighed, &c. council may alpoint, β€”--.. 17 INSPECTORS OF Ef,ECTION-who are ------------ 10 INTEREST-oii special assessmeint,.......32 on city funds in the treasury, β€”--. 61 contract with banks to pay interest on deposit of city money, β€”β€”............ 61 INTOXICATION-council may punish, β€”β€”...... 18 INVALID-special assessments may be vacated and re assessed, --------........33 JAIL-city to have use of county jail, - - ------------- JURY-to open streets and fix ldamage,- - β€”...... inhabitaints may serve on0-,_........ persons charged with violation of city ordinances, entitled to, β€”------------------------------ proceedings to draw jury.. β€”---β€”........ - - - 10 14 14 63 10 10 10 62 17 10 10 6 20 96 96 10 20 51 28 49 64 15 59 49 49 60 60 INDEX TO TIFE CIHARTEIR. JUSTICES OF TIIE PEACE-when, and how elected, 9 numbl)er of, 9 term of office, β€”............... ----- 9 powers and duties ot;........-...... 9 iecoider to b)e justice of the peace, -: β€”--- 38 may issue warrant to sheriff of any county in the state in cases of escape,___.......52 must report on oath, monthly, the amounlt of fines collected,:............... 53 may be removed in certain cases,.......53 security to be giveln by,...........53 to give bond to the city, β€”--------------. β€”---- )54 docket of, subject to inspection by council, ------- 54 must produce d(locket when required by common councl,............... 54 circuit jud(ge may make an order foi prolduction of justice's d(locket,.............54 B. SEc. 4 4 4 32 32 3 65 67 6(1) 69 69 70 70 70 must account on oath for stolen property uin claimed in their possession- ------β€”, β€”--β€”. 54 must give notice to persons claiming stolen property,................ 55, may sell perishable property, when and how,. - shall, on sutfficienlt proof, deliver stolen property to the owner,.......-. β€”---------- 55 expense of keeping stolen l)property to be paid by owner,.......- 55 when unclaimed stolen ploperty shall be sol(l, - 55 7 to receive same fees of township justices,....56 not incoml)etent, because a fireeholder of the city, 57 LICENSE-council mnay grant. for what, β€”-------β€”. 23 LIGHTING OF STREETS-council man'iy light.... 31 cost of, how assessed-................- 231 LIQUORS β€”council may pievent sale of; 8 β€”------------ LOCAL IM&PROVEMENTS-couiicil nmay mnake,_.31 cos~t oxf, hovw asessed~, ----β€” 321 238 71 71 71 .72 72 73 75 81 10 20 20 10 20 20 IN-DEX TO THE C(HARTER. 239 PAGE. SEC. 22 10 13 8 26 13 26 13 27 13 27 13 46 51 46 51 46 51 46 51 46 51 46 51 56 75 9 4 12 7 12 7 12 7 12 7 13 7 28 15 35 24 37 29 37 30 37 30 37 30 38 30 38 31 38 31 31 19 MARKET PLACE-coutncil may lay out and establish, MARSHAL-how appointed,......... β€”- -. must promptly attend all fires,_......... duty of, at fire, ------------------β€”............. may require aid of all bystanders at a fire, 2 1 subject to order of mayor anid aldermen at fire,. security to be given by,_..........4. chief of police,...............4. duty of, in respect to process,........4. to obey orders of mayor,...........6. may command aid of all persons,_........ may appoint deputies,....... β€”--- 4. fees of,...................5 7 MIAYOR β€”wheil and how elected,_......... to )pr'eside over common council, ____.____._._.____ may vote uponII all questions,.__....... __ 7_.. may suspend ce rtain proceedings,_....... may veto certain measures,..........2 veto mayv be nullified by council,_......3 7 may issue venire facias,...........2 1 to preside at meeting of inhabitalnts, to raise tax to sign aininual statement _..__...__.._..__..37.29 to be chief executive ollfficer of the city,... 7 3 shall supervise other officers of the city,..... shall see that by-laws are observed-......3 3 may recommend to council mieasures, may take acknowledgment o' deeds,_.....3 may administer oaths, &c...........3. MEETINGS-of common council to be public, -... of inhabitants to vote taxes, when and how called and power of voters at meetings of inhabitants taxes voted at meeting- of taixpayers, how raised -.. MONEY-how drawn from treasury,.......... 35 36 45 24 26 50 IND )EX TO TIIE ClIARTER. PAGE. SEC. 37 28 19 10 NOTE β€”of city not to be given,...........2 NUISANCE-council may prohibit, --------------- - - OATH-false, punished, how,_....... OFFICERS-elected,__-............ when and how elected, --------------------- elected call only be removed on charges,..... pay fixed by annual salary, how and when altered council may regulate fees of,.. may be required to file new bond, β€”---------- - - - resignation of;,................ additional powerr and duties of,......... common council to prescribe term of, -...4 salary and compensation fixed by council,.. suits against city officers, where must be com menced,.................. may receive double costs in certain cases,..... OFFICE β€”when vacant by neglect to qualify,_.... term of, fixed by council,............ no defaulter to be elected to, 8 8 ORDINANCE-not to have immediate effect, when, - not to go into effect tntil after one day, -β€”..-.. creating an offence, must prescribe the punish ment,.................. majority vote necessary to pass any, certain, requiie two-thirds vote,......... style of, -. β€”-------------------------------- 4 recorder to keep record of; -------------------- - - must be published one week,.. β€”----------------- mayor may veto,........ record of, when evidence, β€”----------------- proof of publication, how made, β€”----------- printed by authority of council, evidence, β€”---- - - of the "City of Saginaiw City," to remain in force, 240 56 8 8 14 23 23 31 48 48 48 48 77 4 4 8 10 10 1-8 5,5 56 57 56 56 11 48 58 12 13 78 78 6 II-) 7 83 7 24 31 31 34 39 39 13 57 57 57 59 10 19 1,9 23 33 33 7 79 80 80 86 INDEX TO THE CHARTER. SEC. 10 10 20 20 10 20 20 94 94 10 21 21 10 10 14 66 66 23 20 10 7 7 7 10 20 20 20 4 4 6 6 6 I'AUl'ER.i-c(oun(il may provide for,....... council may prohibit the bringing of, to the city, PAVING STREE T'S-how paid, council may pave, --------------- PENALTY β€”limit of,PLANKING S[REETS-how paid, counicil may plank streets,. PLIAT β€”nmust be approved by common council,-.. certificate of, approval mlLst be endorsed thereon, POLII( E-council may maintain -. β€”--------- POLl, TAX-how assessed, -------- how expended, 33 Pi-S'I'S-council may regulate setting of, - ------ 22 POUND-cotuncil may establish, - ---------- 22 PRIVIES β€”coutncil maly prescribe location of, - - -- 27 PROCESS β€”how directed, ---------------- 52 by whom executed, -------------- 52 PROSbECUTIONS β€”to be in name of city, - - ---- 34 PROS'rITUTE.q β€”council may punish, -- - ---- 18 PUNISHMIENT β€”mtust be fixed in the ordinance creat illg the offenie, -------------------------- 24 QUORiUM-how constituted,-..........12 less thall a, may adjourn, β€”-- 12 no business to laspe or tail for want of a quorum,- 12 RAIAl,OAD β€”council may require to light track,...20 IREAL ESTATE-sale of, for special assessment, 32 efiect of deed of, onl sale for special tax, ---------- 32 how returne(l and sold for special assessment, -- 32 RECORDER- whell and how elected,.. 9 term of onlce........... 9 to give Ilotice of alnnual election, a 10 charter elections, to give notice of,;_____ 10 to malke and file with county clerk certificate of election ot juistices, - 11 PAE. 241 242 INDEX TO TIHE CHARTEl RECORDER -(Continued.) may summon the council to a meeting in the mayor's absence, to keep a-record of council pr(oceedings, to vote only in absence of mayor, must lay b)efore council any order of mayor suLs pending an ordinance, resolution, or vote. duty of, in street opening cases. duity of, in appeals from an award of damages,. -and mayor to sign roll for taxes voted at property holders meeting. to sign annual statement to be ex-officio justice of the peace, title of recorder's court. records to be kept by, and delivered to successor, to be clerk of common council, shall give bond,-. shall perform duties of township clerk. compensation of, as clerk, official bonds to be deposited with, to perform duties of mayor in his absence, ---- PAGB. SEV. 12 12 12 13 28 30 36 37 38 38 38 38 38 39 39 39 39 39 41 43 subject to impeachmcent,-39 duty of;- in -respect to assessment roll, 41 to certify amount of taxes, 43 duty of, on complaint for violation of city or dinances, β€”β€”... 51 power and authority of. in cases of prosecution, 51 may.issue warrant to sheriff of any county in the state in certain cases, β€”-- 52 must make monthly repo it of fines collected,. 53 may be removed for failure to ireport fines,...53 may be removed for fitilure to pay over money,- 53 maybe removed for unfaithful conduct, &cc.,! 53 shall report to council names of officers neglecting to give bonds,.........55 7 15 15 26 2a). 32 32 32 33 33 33 33 34 35O 36 42 45 63 63 65 67 67 68 68 74 7 7 7 IN)DEX TO THE (,HARTER. PAGE. 31 48 53 53 56 14 48 IREMOVALS-from ofice, how made, -. β€”-- duty of officer on being removed, - - --------- recorder may be removed in certain cases,..... justice of the peace may be removed, RESIDENCE-of elector, β€”-_.-........... RESIGNATIONS-how made............. duty of officers oni resignilng &c.,........ RESOLUT'IONS-certain, not to have affect until after one day, β€”-. β€”-- --------------------.3.. mayor0 may veto................ REVIEW-board of; how constituted, duties of; β€”----. comptroller to deliver assessment roll to, ------- - RIGHT OF \VAY-(-ouncil may grant to railroad co. -_ for streets, hlow acquiiedt by city, - ------------ SABI;ATlI-ecouiicil maiy pIrevent violatioll of, -------- - SAGINAW-corpoi.ate name may sue and be suecld, -......... may have a common seal,.......... may purclhase, holil, lease and convey real estate and pelrsonal property,_......... SAI,ARY β€”of officers not to be changed dutring time to be prescribed1 by council, β€”------------- SCIHOOL LAW,................, SEALER, of weights,and ineisures, counrcil may appoint SEWERS-council may construct. &c. cost of, how paid, &c.,.......... SEWER COMM,ISSIONERS-council may appoint, β€” - council may prescribe powers and duties of,.. SHIADE TREES β€”council may regulate planting of -.SHOWS-council may license,............. SLAUGH'TER HOUSES β€”ouincil may regulate, β€”---. 243 SEC. 17 55 68 68 76 9 55 13 12 41 42 31 28 7 7 43 44 20 15 22 1) 5 5 10 I I I 5 I 48 63 24 31. 31 61 61 22 is 19 57 10 20 20 95 95 10 10 - 10 INDEX TO TlIE CHIARTER. SPECIAL ASSESSMENTS-for local improvements, - - how made, on what property, how collected-. --β€”. β€”----- invalid may be vacated and re-assessed. β€”--- council may provide for collection of, by ordinance, SPECIAL ELECTION-when to be ordered, ----- how conducted.STATEMENT-annual. when to be made, STOLEN PROPERTY-duty of justice in respect of. owner of, to pay cost of keepilng, &ec., -.. to be delivered to owner, when, may be sold by justice, when, proceeds of, how disposed of, STREETS-cost of lighting, how assessed, council may light streets, council may prevent obstruction of, council may lay out and establish, council may vacate, man iier of vacating streets and alleys, PAGH. 31 32 32 33 36 15 15 37 54 55 55 55 53 31 31 19 28 27 land for, how acquired,- 28 compensation for land taken for, 29 council may appeal fiom award of damages for β€”- 29 council may pave. plank, &c., 31 cost of planking, paving, grading, how paid, - 31 STREET COMMISSIONERshow aippointecd, 13 duties and powers of,.............47 must take oath of office, - ----------.......47 SUITS qis.city, inhabitants competent witnesses.jturors,&c. 49 SUIERVISOR-when an how eleteid, 9 pomwers and duties oft. 10 to perform duties of township supe rvisors in cer tain cases, pv...plan β€”- 34 shall be member of board of super visors of Sagi nawr county,.. 40 SEKC. 20 20 20 20 27 9 9 29 71 72 72 73 73 20 20 10 15 15 1i 15 15 15 20 20 8 53 53 59 5 5 22 38 244 INDEX TO TlI}E CHARTER. PAGB. 16 16 24 SWAMPS-council may drain within three miles of city limits,... -β€”........ -β€”.- -. proceedings to drain, β€”β€”....... TAXES-cotuncil may assess and(l collect, for what, for paying expenses of city, how raised, and amount of, β€”β€”....... highway, how raised, atnoutt of,- --- tax-payers meeting may vote, when, state. county. city. and school taxes, how raised and collecte(ld, β€”--.. proceedings for return and sale of land for,.. authorized by property holders, how raised,.. mayor all(] recorder to sign roll for taxes voted at tax-payers' meetillg,.. couL-lcil may provide for collection of taxes not mentioned in section 25, amount necessary to be raised, when and how de terminiecd, β€”------------β€”... to be a lien onl propertyv............. sale of property for, -............ fees for the collection of',...... duty of treasurer, in collection of,;........ TIE VOTE-result, how (letermined,_........ TAX ROLL-wheii tobo delivere(d to treasurer,.. (Iluty of com mon council, when treasurer fails to give the proper seciurity.... TREASUIJRER-wlhen alidl how elected,....... term of office,.............. to be collector of taxes,......... - 9. to collect taxes voted at meeting of tax-payers,. to be member of board of review,........ failing to give proper security, council shall ap point a collector, _ __....._ _ fees for collecting taxes.. duty of, in collecting taxes,-........ 245 SEC. 10 10 10 34 35 35 24 24 24 0 35 36 36 25 25 26 36 26 36 27 43 44 44 44 44 11 43 411-) 47 47 48 48 6 46 43 9 9 9 36 41 46 4 4 4 26 43 43 44 44 46 48 48 I2 NDEX TO TIIE (,HIA R'rEJ'. TREASURER β€”((,oJlitinuted.) collection of all taxes, -- E. SEC. 45 49 49 49 49 50 O50 96 wheni to give bond to city and to county trea.,iirer, 45 powers of, sa-me as townishil) treastirer, β€”--------- 45 may aPl)oilit deputy,.. to keep accotiut of moniiey drawnt from treasury, - to exhibit to couincil statemeit of receipts. &c.,- - - may be required to deposit money with bank,.. - - and his sureties not liable for moueys deposited by order of the council, TOWNSHIP CILERKS-recorder to perform for city, duties of,... --. β€”----------------- 96 38 T'AX SALES-comptroller may atten(d. when,-.... city may bid in lands sold at, annually, β€”------- may quit title to such lands, VACANCY β€”by neglect to qualify,.......... VAGRANTS-coun(cil mity punish,.......... VICE-council may prevent, β€”_........-. VETO β€”mayor may veto ccrtaini ordinances and reso lutions,..... VOTE-mayor may vote, certain votes not to take effect until after one d(lay, majority, necessary to pass any ordinance,.... two-thirds vote to pass certain ordinances, two-thirds vote necessary to gutnt right of w-ty, 3 who may vote at tax-p.:tyeis' meetinig, elector to vote in the ward where he resides,_.. elector to vote in the war(l where he takeshis meals, WARRANT-for monley to bo (drawn from treasury, contents of,;.............. may issue. to sheriff of iany coulity in the staLte, in certain cases, WVITNESS-3.-juIrors, &(c., ilnhatbit.i-uts may be, not incompetent, becatisLe a freeholder, WHARVES-coulin(il may construct, β€”------------- coiuncil may fix line of... council may le:ase at foot of streets, WOOI)EN IUIl,DINGS-coui-iil may prohibit the erectioti ot:................ 33 93 93 93 6 10 10 7 7 7 19 19 20 24 76 76 50 52 65 49 59 57 81 16 10 16 1(0 16 10 10 246 62 INDEX TO THE ORDINANCES. PAGE. AFFIDAVIT-Pliblication oft assessment,_ 208 ANIMIALS-dead, not be left in city, _________ ___ 78 prohibited from runningi at large, 88 who may drive to pound(, --------------------------- 88 impounded to be fed and when to be sold, 89 imnpounded when, and how redeemed, 89 money received from sale of, how disposed of,....90 pelnalty of pound mnaster for refusing to receive, 90 penalty for illegally impoulning.....90 penalty for hindering the imipouii-diiig of ------------β€” 90 fees for takling to p)ound........, 91 fine for permittilng, to rltll at large, _ _ 91 ARREST'-may be mna(le withiout 1)roeess, when.....74 (ity attorniey to l)e notified of, 74 ASiHE.S-l -ow and where to be kep)t.. β€”--....... 105 penalty for not keeping as requlired, 105 ASSAIT,'T' AND BATTERY-how punished, β€”------------- 75 ASSE,SSMENTS-spe(eil, or(lillalice relative to, ------------- 206 exl)eiise of gr:aidiig. &c., streets....... β€”β€”. -206 comptroller to make and rel)ort -roll, β€”------- 206 notice of, to be published, contents of,.................. 207 council to consi(l-r roll, _.............207 affldavit of pu1blication to be p)resented to council, β€”---- 208 mistake in. not to invalidate rol) l,........208 248 INDEX O THE ORI)INANCES. PAGE. ASSE.SSMENTS-(Con tinued.) sidewalks to be repaired by owner, 20S refusal to repalir, how dealt with, 209 street commissioner to cause sidewalk to be repaired,- 20,) expense of; how collected,............209 * warrint for collection of,.............. 209 contents of warrant, _20) treasurer to collect and return roll.- --------- 210 treasurer's return mu.t be sworn to, 211 warrant for collection of; may be removed, 211 delinquent, 211 iniiterest on delinquent, - 211 recorder's fees on,...................................211 recorder to mike statement of lands returned,.-.... 212 cost of advertising delinquent,...........212 statement of delinquent, to be published and posted, β€” 212 notice to be annexed to statemelt of delinqiient, 212 sales of land, when and how made, 213 payment of bids when to be made,.......213 recorder may bid off lalnds to city,.........213 certificate of sale,................214 redemption of lands sold,.........,... 214 interest on lands r,deemed, β€”--.. 214 interest, how computed ----------------------------- 214 deed for lands sold on,..............21) recorder may withhold deeld, when,- 2 effect of deed -------------------------------------- 215 deed, evidenc(e of what ----------------------------- 216 lands, redeemed subject to tax,- 216 purchasers of redeeme(l lands, entitled to bi(l and interest 216 five year lands, 217 recordei to render statement to council of lands sold, β€” 217 )roceeds of lan(ls sold, to be paid to treasurer, -217 recorder to talke tre'-strer's receipt,.........217 lands bid off to city lialble to taxation, β€”-------------- 217 I - ODEX TO TIlE OERDINANCES. AT'TORNEY-city. to be notified of arrests, -------- may make complaint for violating ordinance relative to l)urying rod, -_l - - -. β€”------β€”.... AUCTIONEERS β€”must have lielse,-. officers of the law, do not require license aIs, - fine for doilg l)usin-ess of, without license. AGE,. 74 95 95 97 BIL,l,ARD TABLES β€”see page, ----------------- BOARD OF IIEALTI I β€”mny illcur indel)tedness, ----- infected persons (ex(lutled from city. t( matke mollthly reporits, _. _...._. pest lhouses and hospitals unrder control of, peinalty for viol'tiiig o(rdiniice of, when and how miq y abaIte nuisance, ---------- maly enter hoises. &c., to abate nuisanes, ------- meml)ers to, to enforce ordinance relative to health, -. 183 155 155 1 -5 155 155,, 156 156 84 87 150 memlbers of, how aippointecd-..............150 ordinance relative t, β€”------------ _ β€”-------------- 150 city physician, to be member of,..........150 president of,............150) recorder to l)e clerk of,;. β€”----β€”..... 150 powers of,;...................150 (luties of keepei's of puLblic houses, β€”------------------ 153 may examine houses, &c.,_...........................154 BOND-of poundmaste], 87 of aloon-keepcrs and billiaid table keepers, 184 BUI TLDING β€”maiterials, obstructing street with, _._._.__._._._79 BU,TCIIERIS-to lkeep slaughter houses clean, S....86 BURYAT, β€”of the (lead, prohibited in the (city, --------------- 99 IBURYING GROUNDS β€”ordlinance relative to, ------------β€” 98 no one but sexton to dig grave in. 98 pecnalty for violating ordinance relative to. β€”---- 98 CARAVAN β€”license for -------------------------------- 111 249 98 INDEX TO'l'HE ORDINANCES. PAGE CEMIETERY- ordinance relative to, - ----------- 99 Oakwood cemetery, where located, -------------------- 99 goveimiiinent of, ------------------- 99 commissioners, lhownv appointed.. β€”-.. β€”------------------ 99) poweis and duties of cominissiotiers of, ----------------- 100 * lots inl, how purchased, ------------------------------- 101 roads and wallks in, not to be obstructed --------------- 101 trespass in, or upon fences, &c., of --------------------- 101 penalty for any violation of ordinance relating to, ------- 102 poor persons, hlow biur,'ied ii, -----------------------β€” 101 CHIMNEY-ho w to be constrtucted ------------------------ 10,5 CITY OFFICERS β€”same duties as township otlicers, -------β€” 130 receiving files or license money to pay samei over to treasurer...............123 penialty for not paying over molney, -. β€”------- 121 CIT'Y PHYSICA β€”to be member of boaid of health, _ o..-. 150 duties of, as membl)er of board of lhealth, ---------------- 154 CIRCUS-liccnse for -------------------------------------- 111 COMIBUST1IBLE mnatter, where iiot to be kept, 106 file for placing, iii cert.Lin places. 10( CO'YMMON COUJNCII, β€”mayperiIitbuildiiigi,lnateritl in streets 7fq may revoke draymeii's license, ------------------------ (,OMIPTROLt.ER β€”''o opeln accotint witlh street commissioner ol t)oll tax,......... β€”-------β€”.. -β€” 12( ordinance relative to duties of......131 chief financial officer of the city, _......131 demands r's. city must be referred to,.........131 to mikle al] purchase of l)ersonal property,......131 to report his action to the council,......131 shall examine reports of street ommissioner, treasurer. recorder an(l justice of the peace,.... 1,32 shall keep a complete set of books, 132 to keep list of all l)roperty beloniging to city,.....132 shall keel) accoutnt witl) treasurer-........... 133 250 INDEX TO tIE ORDINANCES. PAGE. CO-M L'T ROOI,LER-(Corontiiinued.) to make and extend all special assessment rolls. 133 to be secretary of water board. β€”----β€”.. β€”-------------- 146 to audit accounts (f wvater wvorks, _146 shall keep an account with water consumers,.....147 to make and report assessment roll,.........206 to publish noti(ce of special assessment,.......207 to issue wariralit for collection of assessments,.....209 ('(,tNCERT β€”license for, --------------------------- -------- 111 CONSTABL,ES -nmay Ii-rrest with,)ut process, when,.....74 CONTRACTS β€”ordinance relative to, for street work, -------β€” 198 CROSSVALKS β€”ordlinance relative to,.......... 149 CURIO,SITlIES β€”li(cense for exhibition of, β€”----------------- 1.11 DEAD β€”burilal of, prohlibite(i wvithin city. -------------------- 99 DEPIUTY M1ARSHAI,S-to arrest certain persons without process........._......74 and 195 how aplpoillted for po)lice force, β€”--------------------- 191 DISORDERL Y persons anud druTnlkaudls,-..........- 73 disorderly persons, how puiiished.........., 73 marshal and( deputies to urrest without process persons found intoxicated, &c.............. 74 disorderly,'ond i ct;tlld langitaoe,- 75 nmay be:irrested by con(ductors of stireet cars,.... 177 DR.AYME\AIr-to l)e licedlsed............., 93 ,iIioulit of li(enee,- - ) β€”-------- -... 93 price to be paid to, for single lotad,,.........94 mayor, recorder or common council may revokelicense of 94 DRIVIN(G β€”fast, prohibited and pcenalty for,....... 81 DRUNKA1RDS and disorderly persons, how puniished, 73 drunkards, how punished,..............73 liquor not to be sold( or given away to,........ 75 drunkeness ill saloons prohibited........... 185 DWELI,ING HIOUSES-certain to have scuttle,_-....105 251 INDEX TO'IHE ()RDINANCES. PAGE. FEES-of pouindimaster,..89 for taking animals to pound., -............91 of inspector of filre woo(l,..............139' of sealer of weights of measures, β€”--------------------- 161 recorders, for s loon license,............184 recorder's, on delinquent assessments, 211 FENCE VIEWER-street commissionier to be,'3.....91 FINES-for setling liquoiors oi sutnday, ---------------------- 77 for selling liquors to an intoxicated( person,- - ---- 7 for assault and battery,-........... 75, for inde'cent, immoral and (1isorderly colltnduc(t -- - 7) for being intoxicated, 73 for (creating, or permitting'- a i uisan(e,-.. 79 for obstruc(ting streets,................ 79 for leaving horse in streets untie(l (pelalty) ------------ 79 for permitting animals to run at large.. β€”--------------- 91 for digging, &c, in streets, -..._..._.__ 92 for draying wvithout license --β€” 95 for peddliing, &c., without licelnse,-........97 for violating ordinance rel'ttive to blurying groulnd, 98 for using L stove pipe not conduc1 ted into a bric(k or, sto-e clhimnley,_................... 104 for violation of fire limits ordlinarnce, ill......111 ordinance relative to deposition of,..........123 for violating ordilnance relative to plublic decency,..134 for firing gll onl Sulld-lay, or within certain limits,-..134 for violatiing ordinance relative to shade trees,..... 135 for hitching horses to sh(ade tiees,..........135, for injurin-g shlde trees, 135 for violating ordinance relative to fire wood,......140 for violating ordinance relative to mark-let place,.. 158 for violating ordlinance relative to board of health, I.I- ) 1 252 ~)LDEX TO TIIE ORXDINANCES. I PAGE. iFI N ES-(Contin ued.) lor violating ortdiiinLnce relative to sealers of weights aId( me1s1res,.................. 161 foir violating ordinance relative to lamp posts, 163 for violating ord(inance relative to planking street railway 164 for violating ordinance relative to use of locomotives of J. L. & S. R. It.,.... 179 for keepling salooni without license, 185o for violatin g velocipede ordiinaee, β€”------------------- 188 for illegal cdriving o0 Washillgto1 street,...............189 for violating smoke stack ordinanice,...................190 for violating police ordinalnce,........................197 foir resisting policeiaun.i..............................197 for violating or(linalnce relative to street cleaning, -----β€” 199 tor neglect of (luty by (hief; anli assistant elngineers of fire department.-.... 200 for resisting chief cllginecr of fire de)a.rtmient, β€”...201 for resistingo offi(cer at fire....... β€”β€”.201 and 204 for refusing to assist at fire,-, _-_- __-_-_-__-_-___-_-_-204 ifor violating rules and rllegulations of waterrate ordinance 222 for violating certdiin sections of water rate ordlainee, β€” 225 FIRE β€”prevetitionl of,......-. l,,2 stove-pipe muist l,eadl ilntO brick chiiniiey,- ___-___-__-_-104 F1RE DEP AtR'T IENITsh,ief en1ginieer to have charge of waiter work1s, whieni,...............148 ordliiiaii(e elative, to), ---β€” r β€”------.. --....... 199 liow cooltlititted(, β€”------------------------------------ 199 chief and assistant elgineers, -------------------------- 200 nntml)er of men to at companly, ----------- 200 firlemei. wliho (clnstitute,..............200 toremiii, companies'may appoilut...... 200 lduty of engineers on alarm of fire,.......... 200 penalty for iieglect ofiluty,.............20(0 chief engilieer to have full char ge of,......... 20)1 253 .,t" INDEX TO'rTIlE ()RDINANCES. PAI&E FIRE DEPARTMENT β€”(Continuied.) penalty for resisting chief engineer,-....... dulties of chief engineer of....... rules of chief engineer,......... copy of rulles to be filed with recorder,_........ chief engineer may suspend firemeni.......... badge of office.............. β€”--------- 0 absence of chief, who to act as chief;,......... fire wardens,....... duty of companies on fire alarm........... companies to be exercised,.. firemen to procure certificate,....... resist,ance of officers at fire, punished, β€”------------- foreman may require assistnce,-. β€”----------------. penalty for refusing to assist at fle,. β€”--------------- -. marshal, duty of oni alarm of fire, ---------------------. bulildings may be removed, when, β€”--------------- apparitus of, not to go out of city, β€”---------------- -. F'IRE l,llITS'l-each week building remains, a distinct offence 110 bhundaries of, 109 wooden buildings prohibited in,..... 109 wooden buildlings, eight feet square may be built,... 109 wooden building not to be repaired in,.......109 .woo(lein buil(ling not to be removed from one lot to another lot i... -109) when wooden buildings in, may be repl)aired ---------- 109 proeedinigs to acquire righlt to repair wooden buildings, partially (lestroyed by fire, 11 when atnd how )lockls my be included in, 110 resolution to include other blocks iti, mtist bc pl[blished, 10 penalty for violation of fire limits ordinance, 1 (See section 9 and 10.) FIRE WARDENS β€”)oard of, (luties of, --------------β€”.. β€” 102 254 201 201 201 201 201 202 202 2 O'-203 203 203 204 204 204 2 0 i-) 2 O,,- .20,,- PI IN-DEX TO TIllE ORDINANCES. PAGE. FIRE WOOD-see ordinance on page 139 G A M ILING-in saloonis prohibited, -------------------β€” 185 GAS-ordiiiance relative to lighting streets with. β€”---------- 115 preamble to gas ordinance, 115 proposition of ga,s company, -----------------------β€” 115 acceptance of gas comnl)any's proposition, -------------- 116 cotincil may designate location of gas posts, 116 gas company to have charge of posts and pipes,....117 ,gas coimpanly liable for loss of; and damage to property. when.... 117 bills to be verified, by whom............ 117 paymeniit of gas bills. when and how paid,......117 measureienit of. how mcade, __..__.___.______._____.__.117 when and how lamps to be lighted ----...... 118 council may direct when lamps are to be lighted, β€”---- 118 ordinance.to provide for establishment of gas works, β€”- 118 exclusive right to establish gas works,. --------------β€” 119 time when gas company had to organize. 119 time when to erect gas works, - - - -.120 rates for gas to citizens, _......120 rates for gas to city, β€”--.............120 oltice of gas company, where to be kept,...... 120 directors, where to resid(le, 120 coinpatiny to give notice of laying pipe, ---- -.. 121 company llot to obstrutict streets, 121 to save city harmless of d(lamage,.121 coml)any may forfeit collditions, when, 121 company, right of to removal of or(dinaanti,e, 122 right of company to continue thirty years, 122 city may purchase gas works, wheni, 122 how city may purcehase,.............122 price of gas to be fixed, whei and how, 123 acceptance of gas company of gas ordinance, 122 255 INDEX TO'T'HE ORI)INANCES. PACE. GUNPO WDER-when,'nay be seized, _ _......... __106 where aid how to be kept, _ _............ 107 forifeitedc, how disposed of, --------------------------- 107 p)enalty for unlawful keepiig, 107 GUNS-not to bl)e fired on Sutnday, β€”-_. β€”-------------------- 134 inot to be fired within certain liminits, _._.__._._ 134 HAWVKERS-mLst have license, -------- 95 license as, cost of, how obtainecd,............9 fine for doing business without license,........97 HOGS-not to be confined witlhin fifty feet of street,_ 78 HlORSES β€”not to be left in streets untied, β€”----------------- 79 not to be lead or driven oil sidewalks. 83 may b imnpoundedle, when..............88 not to be hitchedl to shade trees-, _..........135 penl ty for hitehing horse to shade tree, _.. 135 not to be hitched to lamp posts, β€”------- ---- --------- 163 HOUSE OF ILl, FA-IE-(see ill ftme.) ILL FAME-houses of; not to be kep)t, _.........136 no person shall reside in house of,........136 getieral reputation pI)ima f(tcia proof of,;.......136 penalty for residing in house of,............137 marshdl, and police force may a-rest without proess persolns resi(lingo in house of., β€”- -.. 1 -37 marshlil to see ordinail(e elative to, inforced ----------- 137 INSPECTOR OF F I RE WOOD-hiow appointed.....139 to give bond, 13 oath of offic(e, l_................139 to keel) an offie................... -l139 fees of for inspecting, -.............................13.9 woo(l must b)e inspected( lefore 1sale,.........139 to give cectificate_.................................. 140 how to make measureimnt,..........................14( to keepl) a record b)ook, - ---------------------------- 140 penalty for taking illegal fees, or for fraudl, ------------- 140 penalty for retfusing to p)ay legal fees of, ---------------- 141 punishmeiit for violatting or(liiiance relative to, -------β€” 140 256 INDEX TO T1IE ORDINANCES. 257 PAGE. JUSTICE OF THE PEACE-tiduty of, in cases of intoxication, 74 J. L. & S. RAIILROAD-ordi inance gralntinlg right of way to -- 169 riouite of road ntdi coindition-s,............169 single track, --------------------------------------- 169 location of depots,......................... β€”-- 170 trLck oil water street. how laid ----------------------- 170 speed of trains, -------------------------------------- 170 (omlmon cotiuncil may make certain rules, -------------β€” 170 prillcipal offlices and, location of shops ----------------- 170 street railwa.y.. β€”----------------------------------β€” A 171 side tracks and switches ------------------------------ 171 rights reserved to common coiiucil,.........., 171 ordinance relative to tise of locomotives of;......178 rate of speed,................... 178 fire pans, how to be kept...........179 cars not to obstruct streets,.............179 cars, &c., iiot to b)e ruin a(.i-oss fire hose, β€”-- 179 peiialty for violatilig ordili,i(lle relative to, β€”- 179 recorder and justice to have certailln jurisdiction, -------- 180 LAMP POSTS'-whlo to co1trol,............. 162 not to be injurted, β€”-----------β€”.. 163 who to light lamps,................163 horses not to 1)e hiit(ched to, β€”-.......... 163 to be located b)y the counil......163 l)enalty for viol itillg oridinanice relative to, _____ 163 T.ANGUtTAGE-disorderly, how vl)nished...................... β€”----------------- 75 l ICE NSE β€”draymen to take.............................- 93 fee for (Idraymelni,:............... 94 of draymen may be revoked......94 for public exhibitions,_ 111 for public exhibitions, how ol)tainetd, β€”--------------- 111 penalty fo' not having. for circus, theatres, &c., 113 saloon and billiard tables, β€”--............183 for saloon may be forfeited, β€”β€”............ 186 INIEXN TO T'IHE ~RDI() NA,NAN(EIS. LIQUOR-not to be sol(lOI SuL(d __y, ________ _ 76 stores, shlops, &c.. Inot to be kept open for sale of 01on Sunday,....................76 LIVERY STABLES-liglhte(l candles must iiot be use(d in1, - 108 MIARKET PLACE-ordinance relative to, β€”--------------β€” 1 where established,........... vehicles, how placed on................ vehicles not to stanti iii streets, 1. mniishal's duLity, iii rIespect of............. penalty for violttiing ordlinance rel:Ltive to. _ _ MARSHIAL,-to arrest without process, certailn personts, _._.__ duty of, in respect of pe$so1ns so arrested,....... to arrest without process, when, _._.__._75), 114,'137 and1 to abate andl remove nuiisalnce, wheoi,........ to en-uforce ordinance relative to inuisanuce, -...... may enter aniy holise or lpht(e, to abate nuis'me, to dispose of forfeited gulllpowder,-. may airrest i)ersoiis found violating ordinance relative to public exhibitiolnls, β€”------------- duty of, relative to house of ill fame,-. to serve i.iotices for boardl of health. (lity of, in respect to market place, to enforce Washinltoln street orldiiiance, to keep a police record, coatelnts of, may arrest without process, whei,. duties of, ud(ler police or(Ilnallce. mayor and marshal may alppoint special deputy marshals. to arrest withoutt process, unlicensed show,mell, duty of, in respect of cleaiii-g Hlamilton a(nd Court streets, duty of, on an al.arm of ilre, MIAYO)R β€”may permit buildiiig material ini streets, β€”β€”.. and lmarshal may apl)poinlt special deputy marshal, to re(omnnend( del) tty )aIslals, - - β€”... β€”------ 114 1.37 157 1.58, 189 159 191 195, 195 196 114 199 205 s0 19G 191 258 P A - 7 G. I1ND)EX T'O TIIE ORDINANCES. PAGE. 208 78 78 78 78 78 78 79( 8O 81 81 84 84 84 84 85 M ISTA KE-in ssessmeiit roll, I ot to invalidate, NUISANCE-ordiiiance relative to, nuisances prohib)ited, β€”----------------------------- offensive and unwhlolesonme trades not to be carried on,_ clead animals lnot to be ldepositedl iii any part of city,. may be reinove(l,t expense olf'uthor, dIuty of malshll ili respect of, fine for crea,ting } 1 )elmittinig.. o-wineis and oc(u,llpants Lo keep premises clean, - rnbbih,sh &C., not to be ptlt ill (idr.ins g'utteis or sewers, β€” (lecad animals, &c., iot to be placed or left in streets, - 2d ordinance relative to, dea(l mimails &a, nlot to l)e del)()sited( in streets. dead animals, not to l)be placed in Sa(ginaw river,. board of health may enter houses to atbte,. imptire xwater Iud( sil)staiices iiot to be cast in streets, __ nor pol adj o ni po)ety, i _ _ _ol) t 8,5 brevwers adtl others not to pernit imipure vwater to run ii to street. or o aji l lglt l',mds_ -....5 butchers to keel) slaughlter hot-tses cleian, 86 malrlshal, street commissionliier atnd boarld of llealth, to en for(e ortina-tiice relative to, S7 marshal, street co(mlnissioneir aiid board of health, mnay enter aniy house or place to abate or remove, - 84 when anti lhow board of healthl may abate, -. 156 and 157 wheil ti(l how l)oi-ar( of 1e-iltil may abate, 157 O Rt DI NANCE-D riutkZ(trds alnd disorderly personis,- - - - - - - - - - Sel,tinlj Liquor. and elosin, stores oil Sutiday, β€”------- Ntttsancoe,s. β€”------------------ 7 (Obstructiont of Streets and lnuisalices, _ Nttisance, (2d oidiiilance, relative to, ) Pounds, Lanimals impounde(ld,............ Streets and Pittb!l Groutt,tds, exca-at,i,tt iii,............ 259 73 76 78 7t) 84 87 92 INDEX TO TlHE ORDINANCES. PAGEF. ORDINANCE-(Conitinned.) Licensing Draymen and others, β€”--------------------- 93 Peddlers and Hawkers, and auctioneers, ------------β€” ) 95 Burying Grounds, ---β€”............... -98 Cemeterics, 9 β€” 99 Fire, relative to prevention of ----------------------- 102 Fire Limits, relative to, log...........109 Public Exhibitions, relative to, l β€”-- III... 111 Gas, and liohting streets with, relative to,......115 Gas WForks, to I)rIovidle foI-r estal)lishing-.... llS11 Poll Tax, relative to...............12.5) SuperiWsors, relative to duties of,....... 130 Comptroller, relative to duties of, 131 Public Decency, relative to,........133 Shade Trees, relative to, 135 Ill Fame, relative to houses ot., - - ----------------β€” 136 Vagrants, relative to...............................137 Fire IVood, relative to inspectors of,........139 W~ater W~orks. relative to............................ 141 Crosswalks, relative to,............... 149 Public Health, relative to........................ 150 Market Place. relative to, β€”- _. β€”------- 158 Sealer of Weights and Mea.ures, relative to,......159 Lamp Posts and protection of same, relative to,....162 Planking Street Rail,way, relative to, I l63 Street Railway, relative to remnoval of track of, 6;)165 J. L. & S.?. R., grantiJig right of way to,......169 Street Railwa(y, (secolid ordinance) relative to, β€”--- 172 Locomotives, &c., regulating use of, 178 Side TValks, relative to conistrucetioin of;....... 181 260 \ IN I)EX TO TIlE ORDINANCES. PAGE. PENALTY-for leaving vehicles in streets, β€”---------------- 79 for leaving horse in street untied, 79 forleaving building materials in street,- 80 for pla'cing blidliig, materials in street,. β€”--------------- 79 for not keeping drains tnd gultters clear, ---------------- 80 for throwing. &c., rubbish in drains, gutter and sewers, 81 for p)lacing or leaving rubbish in streets and alleys, 81 for leaving wag'oin, timber, &c., ili streets and alleys, -. 81 for fast drivilg,..............81 for leaving team, &t~., or wigon. or other vehicle on crosswalk................... - 82 for permitting property to remain in streets and alleys.- 82 for placing obstructions. boxes, &e., on streets, --------β€” 82 for takinog dirt away from street, β€”.. 82 for leading or driving horse on sidlewalks -------------β€” 83 for nuisances committed in steets, or iin Sagiinaw river,- 84 for not removing ilnLisance wheii lawfully ordered, 82 and 83 of poundmlnaste i. refusing to receive animaiils, 90 for illegally impound(ing aniimals,...........90 foIr hinidering, the impound ingi of animals, --------------- 90 fo1r breaking pound, ---------------------------------- 91 for violating, ordilnance relative to cemeteries. β€”-------- 102 for not keeping ashes as re(ltieed, --------------------- 105 for not placing scuttle in roofs of certain houses, -------- 106 for uilawfnl burniig' of shaviilgs, - ------------------β€” 106 for placing combustible matter in certain places,-..106 foibr the unlawful lkeeping of guipov(ldei-,.......107 for steainmoats not having l)roper spark catchers, ------- 107 for usilng exposed lights inl livery and other stables, ----β€” 108 for iiot paying over mioniey collected from fies and liceiises, 124 foir idleness while workiing poll tax,_ __________ 127 for street commissioner not returiling poll tax, 129 for being a vagranlt. - --------------------------------- 138 261 a INDEX TO Tl'HE ORD1NANCkS. PA GE '0 I,ICE FORCE β€”ordiiance relative to, -----------------β€” 190, regular. how constituted, _ β€”------------------------ 190 deputy marshals, how appointed, ------------------- 191 subject to orders of mayor, β€”------------- 191 deputy marshal, term of, ------------------------β€” 191 council may reduce force, --------------------------- 191 matyor and marshal to designate what de)uty marsha-l to be dismissed _ --------------------------------- 191 charges against members of ------------------------- 192 recorder- to flurniish copy of charges ------------------- 192: mayor and marshal may suspend (deputy marshal, _.192 pay of deputy muarshal, when to cease, _ -------------- 192 pay of deputy marshal, how fixed -....... 192. oath of office, - -----------------------------------β€” 193. uniform of, ---------------------------------------- 193 articles to be furnished members of ----------------- 193 members of, how and by whom assigned to duty, ------ 193 Police Record to be klept by marshal, - ---------------- 194 members prohibited ccrtain things, β€”------------ -β€”. 194 may arrest without process,..... 19,) duty of, sectioin 11,..'..........19. care of persons arrested by,.......................190 special deputy marshals, pay of,.........19~ certain special deputy marshals to serve without pay, 197 resisting, penalty for, sec. 14,...........197 penalty for violation of ordinian ce, sec. 10, 194 penalty for viol.ation of ordinance, sec. 14,......197 POLICE RECORD-marshal to keep,.. β€”..... l194 (contents of............. 194 PlANKING β€”streets, expense of, how assessed,.....20G 26-2 iNl)DEX TO TIlE ORRDINANCES. PAGE. POLL TAX- - ordi ulcte relative to, _.........125 street commissioner to make list of persons liable to, -.1 O5 who liable to pay,........ 125 recorder to make duplicate rolls folr collectioni of,..125 one roll to be filed in recorder's office,....126 warrant to be annexed to roll,......126 comptroller to open account with street commissioner,- 126 names omitted firom roll to be inlserted by street com'r, 126 notice to persons liable to pay poll tax,.......127 persons assessed for, may workl, β€”.........127 penalty for idleness while Nr-orking tax, 127 tax not worked, street commissioner may levy same, 128 notice of sale of l)roperty for,...........128 proceeds of sale, how disposed of,.......128 when city may sue for..............128 street commissioner shall pay over money collected to treasurer,.................128 street commissioner to rettlrn roll in writing,...129 return of, to show what,.............129 penalty of street commissioiier for refusing to account for mnoneys. 129 l'OUNDS-animnals iiponiided,...... poundmaster, how appointecd,............. who may drive aniimals to, β€”--------------------------- animals iml)oun(led, wheni and how redeemed, -------- penalty for breakiug,..............9 fees for taking a-imals to, β€”---------------------- PEDDLERS and hawkers, must have license, β€”------------- 95 license fee for, ----------------------------------β€” 96 fine for peddling without license, -------------------- 97 POUND.MAST1ER-how ap)pointed. β€”----------------------- l)ond aIl(l oath of office -. β€”----------------------------- duty of, in respect to aiiimals imnpountided,.. 263 87 87 88 89 91 91 87 87 88 IN DE'X TO THE OPRDINAN CES. PAGaE POUNDMASTE R-(Con tinl uLed.) to register animals impounded,.. β€”------------β€”.. β€”------ 89 to feed animals impounded,-_ 89 when and how to sell animals impouiided,-. β€”-------β€” 89 fees of,.........................................89 an(1d 90 joney from sale of animals by, how disposed of,.... 90 penalty of. for refising to receive animals, β€”---β€”. β€”----- 9t POOR PERSONS-when and how to be burried in cemetery, 101 PIUBL[C DECENCY-ordin incee relative to. 133 peiialty foi violation of ordclinL-ce relative to.-..... 13. PUBLIC EXHIBITIONS-license for,..........111 RECORDER β€”may revoke draymall's license. β€”------------β€” 94 to issue license to draymen. 93 to issue Iicense to l)eddlers, hawkers and auctioneers, -. 9 to make duplicate roll for poll tax, 2 β€”---------------β€” 12 to be clerk of board of health,........................150 to have certain jurisdiction by ordinance relative to J. L. & S. R. R,........................180 dcuty of, in lespect to saloon license, β€”--------- 184 and 187 fees of; on saIooe'1 Iienise, β€”------------------- ------ 184 to furnish copy of charges s. member of police force, - 192 .... ~. fees of. on delinquent assessmnent,.........211 to give diph. cate ieccipts for d(lelinqutent assessments, -- 211 lands returned to, sutbjeet to sale, β€”----------- ------- 211 CShould read whole ordinance relative to special assessmenlts.) RESISTING OF'FICER it fire, fine foi, 204 police foice, filie for,:............~. 197 RIOT β€”how punIished,.................. 75 SAGINAW RIVER-filth Ilot to be put in, penalty for,...84 SALOONS-license to keep, requireld. β€”-------------------- 183 saloon define(d, section 3,.............184 application for license, section 4,.......... 184 bond requtLile, section.,-.....), 5............184 264 INDEX TO TIIE ORDINANCES. 265 PAGE. SALOON- -(Coltiitued.) amount of liecnse for, sec. 6,.......................185 drulnkeness arid gaminbling in prohibited, sec. 7, 185 to be closed on Sunday and on election days, sec. 7, 185 penalty for keeping, without license. sec. 8, 185 license foir, may be folrfeited, sec. 9, β€”-------------- -β€” 186 license for, must state place of business, sec. 10. 186 iecordler's (lduty inl respect of' sec. ll, 186 recorder's fees on issuing license for, sec. 4,- β€” 184 license. without )payment of $50, when, sec. 13 --------- 187 SF%I,EAR OF WE[GIITS AND MEASURES β€” 159 terlm of olice,............................... 159 powers auld duties of,l......... β€”-.-.-.-.-.-. β€”. β€” 159 to be provided with book,............. 159 to make yearly inspection, β€”--..........160 fees of, 161 penalty foir violati-g olrdinatnce relative to, 161 SIIADE T'IREES-or(inanc(e relative to,............... 135 how to be set,.......................................135 horses not to l)e hitched( or tied to. β€”----------β€”. β€”--- 135 fine for hitching horses to..........135 peialty for illi.rilig or taking awaly, β€”-------- -------- 135 SIHOWS-license for, -.................................. 111 SII)EWAKI, S-penalty for obstructtillg with boxes, c.,...82 horises (aild carts, &c., not to be led or driven on -------β€” 83 relative to constru(ction of --β€”.......... 181 exlpense of colistructing, how pai(l,.........181 expense of grldliit, all streets. how to be pai(l,....181 to be repaired bvy owner............... 208 SLAUGHTERI HIOtSES-to be kept clean, penalty for not, 86 not to be built or used iin (city without )permission from common council,............... 86 penalty for bllildlirg unauthorized.-...- 86 I-NDEX TO THE ORDINANCES. PA 6E. SlIALI-L POX-persons having, may be confined, _.... 154 persons having, not to go about city -------β€” _._ 154 infected personis excluded fiom city, _ 15 SMOK{E STACKS β€”orinitlnce relative to,........19() must have spark catcheilrs on, β€”----------------------- 190 penalty for violating ordinance,... 190l SPARK CATCHERS-see smoke stacks, 190 SPECTIAL, ASSESSMIENTS-see assessments also, 2- o STABL,ES-exposed lights not to be nse(l in,-........ 108 penalty for usilng exposed lights ill,.-.................108 penialty for keepiing hay aiJd straw in, near fire place. 1O0 STEAM7BOA'TS'to have spark catcherls, wheln, ------------- 107 penalty for ilot having spark catc,her,.... 107 STORES-to be closed on Sunday,. β€”----------------------- 7; STRIEETS-ordinance relative to obstruction of, β€”---------- 79 vehicles not to l)e left in,........................ 7 horses not to be left in, iuntied.- 75 obstructing, withl building materials,_ _..___.._. 7-) dead animals, &c., not to be placed or left iii streets. - 81 penalty for above.............. 81 dirt not to be remnoved from, pernalty for, 82 property riot to be left iii street,............2 excavations in, prohibited,..............92 fine for digging in.................. 92 expelnse of grading, how plaid, sec. 3,_.... 181 expense of grading street through lands not platted(l, how assessed:-lid paid, ----------------β€”._.__.__._._ 182 contract for work on, how to be let,..... 198 ordinance to provide for cleaniiiiig certain, 198 STREET CLEANING-certain streets to be cleaned, - 198 duty of street commissioner,....199 (luty of marshal,.................. 19c penalty f(ir violating or(lillance, I... 1.9~ 266 IN DEX TO tlE ORDINAN(CES. . PAGE. STREEI1T COIMMIISSIONER-to eilforce ordinaiice 1reltive to nilisaiice,...............82 to enfforce 2d ordinlance relative to nuisance, --------- 87 mnay enter any hoarse or place to abate nuisance, -------β€” 84 to be't feilce vieweir..............91 to itmake list of perso-ls liatble to p)oll tax,.......125 to returnl poll tax,-................. 12') peialy for nlot accouiitiiig for poll tax andi not returniing roll, --------------------------------------------- 129 (dtity of. in respect to street cleani-ng,,.........199 to cause sidew'tlks to be replaired,,......... 209 to act as stil)perintendeut of water works, ___..__.___._..225 STREEl' RAlLTWAY-ordilmniice rela,tive to )lallkiing,. 163 track of; to l)e ol giade of street,...........164 to 1)e lplaned oIL ceitail streets........................ 164 how to be l)laklled.................................. 164 penalty foi violating ordiiinanc e relative to, 164 ordinanice relitive to remiovd of track of;..............165 rights of cornltlly in (ertaii1 stlreets, __.._______._._____ 166 rights lreserved to commoin counlcil β€”-.................. 167 to stirrenIder rights onl Water street, β€”------------------ 168 Iaccel)tal4(ce of ordul:mce by coinl) y, β€”-------β€”..... 169 2d ordiiiiciie relative to - -..............172 rights to b)e subject to i'olltrol of conlicil,.... -.. 172 right to l)llil(l maintain.ii road, β€”- _..........172 term of righlt, onl what streets............. 172 companyv to sulrren(Iler right oil water street....174 when ordiuance to take effet,et,......... 174 tra(ck, how to I)e laid,................174 track to coiifoim to gr:,-t(e of street, 175 lduty of compally a,, to repalirs oln.streets, 175 hiow cars to I)e Idriaw ll................ 175 speed, rate of..................... 175 267 INDEX TO TIIE ORDINANCES. STREET RAILWAY-(Continued.) how often to be run,...................... β€”β€” 175 fare on.......................................... 175 cars to bc lighted, when, 17G cars not to stop on crosswalks, 17 β€”-----------------β€” I7 cars of, where to stop............................. 17G duty of company, as to its employes,........17( children and women not to leave runnlilig cars,-_. 176 conductors may arrest disorderly personls,..... 177 right of cars to track, _............ 177 penalty for not yielding track to cars,...177 acceptance of compaly of ordinance, _ 17S common council may lay gas pipe under,......17(; common council may build sewers under,..... 17G city not liable ior damage for laying pipes, &c., undei,_- 17( TREASURER of city, receiving fine or license money, to give receipt, - ---------------------------------- -. to keel) a water workls account, -β€”.. β€”-β€”.-. β€”---β€”.- - to collect special assessmenets, ---------------------- -.. to collect water rates,- --- - - --- --- - ---- - - - -. - - - - - VAGRANTS β€”ordlinance relative to, ---------------------- 137 who to be Ideemed vigrants, β€” _....... β€”-- 137 fine fo)r being a vagrant,........-.....................138 punishment of,...................................... 138S duty of marshal and other officers to arrest vagralrits without process, ----............ 138 VELOCIPEDES-ordinance relative to,.........188 prohibited on certain streets, - 188 penalty for unlawful use of,._......... β€”. 188 WARRANT-for collection of special assessments β€”. ------β€” 211 to be issuled by comptroller, for collection of special assessment, _............. 209 268 PAI&F, 124 14,,I; 21(Y, 227' INDEX TO TlE ORDINANCES. 269 PAGE. WASHINGTON STREET-ordinance relative to, 189 part of the street not to b6 driven on,- 189 peiialty forillegal driving on, β€”--------------. β€”--β€” 189 marshalto enrforce ordinance relative to, β€”----------- 189 WATER RATES-orcinance elative to ------------------- 218 rates for water,.............218 to 220 consumers must consent to anud sign regulations,...220 fine for violation of rules, -----------------------β€” 222 when due, β€”----- ------------------------------ 223 obstruction of valves of water works, ---------------- 223 who may opei hydrants of water works,. 223 injuring hydrants,.......221 wrenches of hydrants, where to be kept,......224 penalty for violating certain sections of ordinance relative to, ------------------------------------ 224 public hydrallts, ---------------------------------β€” 224 water shut off; not to be let on.,......... 224 superintendent of water works,......225 applications for water, how made. -----------------β€” 225 duty of superintendenlt on al)plication --------------- 226 permit, wheni and how to issue ---------------------- 226 costs of connectio-s. how l)ai(l, β€”-------------- ----- 226 record of permits, --------------------------------- 226 plum bing and plumbers, --------------------------- 226 treasurer to be notified of permit, ------------------- 226 treasurer to collect water rates --------------------- 227 WATER WORKS-ordinanice relative to, ----------------- 141 first commissioners of, 141 term ofoffl(,ice of, original commissoiners of,....142 president of board, -------------------------------- 142 commissioners of, may make l)y-laws, 142 city treasurer, to keep accounts of, ------------------ 143 quorum. how constituted,............. 143 INDEX TO THE ORI)INANCES. PAGE' WATER WORKS-(Continued.) duty of board of commissioniers.. β€”----------------β€” 143 plani fobr, to be devised by commissioners,.....143 plan must be confirmed by council,........144 alterations of plan, ----------------------------β€” 144 board may recommend to council to construct works,..144 board of, to purchase real estate and machinery, ------- 144 work on to be let by public notice, ------------------ 145 commissioners not to be interested in work or materi als for,..........__..... 145 commissioners to have control of, 145 board of, may enter upon land, &ce.,.......145 board to certify amount due on contract,.....146 comptroller to audit accounts of, -----------------β€” 146 board of, how constituited after April 15, 1875, ----- 146 appointment of commissioners after April 15, 1875,..146 vacancies in board, how filled, 146 secretary of board, comptroller to be, -146 comptroller to keep record of proceedings of board, 147 comptroller to purchase supplies for,.......147 comptroller to keep account with consumers of water,- 147 board may appoint employes and fix pay, ----------β€” 147 chief engineer of fire dep't may have charge of, when, 148 WEIGHTS AND MEASURES-sealer of, β€” 159 270