Page images


duties of surveyor.

SEC. 17. The village surveyor, if one is appointed, shall Powers and have and exercise within the village, the like powers and duties as are conferred by law upon county surveyors; and the like effect and validity shall be given to his official acts, surveys and plats as are given by law to the acts and surveys of county surveyors. He shall make all necessary plats, maps, surveys, diagrams, and estimates required by the council or officers of the village, relating to the public improvements, buildings, grounds, and streets of the village; and all plats, maps, surveys and diagrams made by him as such surveyor sball be the property of the village, and shall at the expiration of bis term of office be delivered by him to his successor in office.


SEC. 18. It shall be the duty of the street commissioner to Dutles of street perform, or cause to be performed, all such labor, repairs, and commissioner. improvements upon the highways, streets, sidewalks, alleys, bridges, reservoirs, drains, culverts, sewers, public grounds, and parks within the village, as the council shall direct to be done by or under his supervision; and to oversee and do whatever may be required of him in relation thereto by the council.

Sec. 19. He sball make a report to the council, in writing To make report and on oath once in each month giving an exact statement of lowriting to all labor performed by him or under his supervision and the charges therefor; the amount of material used and the expense thereof and the street or place where such material was used or labor performed; and further showing the items and purpose of all expenses incurred since his last preceding report.


SEC. 20. The assessor shall perform such duties in relation Dutles of to assessing property and levying taxes in the village as are assessor, prescribed by this aot.


of officers.

SEC. 21. The president and trustees shall serve witbout Compensation compensation. All other officers except where other provision is made herein or by law regulating fees for services shall receive such compensation as the council shall prescribe.



SECTION 1. The legislative authority of villages shall be village counci. vested in a council consisting of the president and trustees.

President pro

regular meet.


To prescribe

President of.

Seo. 2. The president shall be president of the council, and preside at the meetings thereof.

SEC. 3. On the second Monday in April in each year, or as soon thereafter as may be, the council shall appoint one of their number president pro tempore of the council, who in the absence of the president sball preside at the meetings thereof, and exercise the powers and duties of president. In the absence of the president and president pro tem., the council

sball appoint one of their number to preside. Council to hold Sec. 4. The council shall bold regular stated meetings for

the transaction of business, at such times as it shall prescribe, not less than one of which shall be held in each month. The president or any three members of the council may appoint special meetings thereof, notice of which, in writing, shall be given to each trustee, or be left at his place of residence at least six hours before the meeting: Provided, That if all the members of the council shall be present at any special meeting without proper notice, such notice shall be deemed to have been waived.

SEC. 5. The council shall prescribe the rules of its own rules and regu: proceedings, and sball keep a record thereof. All meetings

and sessions of the council shall be public. A majority of the trustees shall be a quorum for the transaction of business; a less number may adjourn from time to time and compel the attendance of absent members in such manner as shall be prescribed by ordinance. But no office shall be created or abolished nor any tax or assessment be imposed; street, alley or public ground be vacated, real estate or any interest therein purcbased, leased, sold, or disposed of, or any public improvement ordered, unless by a concurring vote of two-thirds of all

the trustees elect, which vote shall be taken by yeas and naye, Appropriation and entered upon the journal; no money shall be appropriated

except by ordinance or resolution of the council, nor shall any such ordinance be passed, nor any resolution appropriating money be adopted, except by a concurring yea and nay vote of

two-thirds of all the trustees elect. Members of

Sec. 6. No member of the council, nor any officer of the Council not to be corporation, shall be directly or indirectly interested in any contracts. contract or service made by, or to be performed for the corporaProviso.

tion: Provided, That this shall not prevent officers receiving compensation autborized by this act. Any violation of the provisions of this section sball work forfeiture of the office, and on proof thereof the council may declare the office vacant.

SEC. 7. The council shall audit and allow all accounts accounts against chargeable against the village; but no account or claim or con

tract shall be received for audit or allowance, unless it shall be accompanied with a certificate of an officer of the corporation, or an affidavit of the person rendering it, to the effect that be verily believes that the services therein charged have been actually performed or the property delivered for the village, that the sums charged therefor are reasonable and just, and that to the best of his knowledge and belief, no set-off exists, nor payment has been made on account thereof, except such

of money.

Council to audit

102 300


as are endorsed or referred to in such account or claim. And Accounts to be every such account shall exbibit in detail all the items making up the amount claimed, and the true date of each. It shall be a sufficient defense in any court, to any action or proceeding for the collection of any demand or claim against the village for personal injuries or otherwise that it has never been presented, certified to or verified as aforesaid, to the council for allowance; or if such claim is founded on contract, that the same was presented without the certificate or affidavit aforesaid and rejected for that reason; or, that the action or proceeding was brought before the council had a reasonable time to investigate and pass upon it.



SECTION 1. The style of all ordinances shall be: "The vil- style of ordilage of

ordains." All ordinances except as herein nances, otherwise provided shall require, for their passage, the concurrence of a majority of the council. No ordinance imposing a penalty shall take effect in less than twenty days after its passage.

SEC. 2. When by the provisions of this act the council of Authority to imany village has authority to pass ordinances for any purpose, penalties: they may prescribe fines, penalties and forfeitures not exceeding one hundred dollars, unless a greater fine or penalty is herein authorized, or imprisonment not exceeding ninety days, or both, in the discretion of the court, together with the costs of the prosecution, for each violation of any of said ordi. nances, and may provide that the offender on failing to pay such fine, penalty or forfeiture and the costs of prosecution, may be imprisoned for any time not exceeding ninety days, unless payment thereof be sooner made, and also that the offender be kept at labor during such imprisonment. Such fine, penalty or forfeiture and imprisonment for the violation of any ordinance, shall be prescribed in the ordinance, and if imprisonment be adjudged in any case, it may be in the village prison or in the county jail of the county in which the village is located, or in any other place of confinement provided by the village for such purpose, in the discretion of the court.

SEC. 3. All ordinances, when regularly enacted, shall be Ordinances to recorded by the clerk of the council, in a book to be called be recorded. “the record of ordinances," and it shall be the duty of the president and clerk to authenticate the same by their official signatures upon such record.

Sec. 4. Within one week after the passage of any ordi. To be published. nance, the same sball be published in a newspaper printed in the village, [if] in any is published therein, otherwise copies of the ordinance sball, within the same time, be posted in three of the most public places in the village; and the clerk shall, immediately after such publication or posting, enter in the record of ordinances, in a blank space to be left for such pur

Certificate of


Judicial notice.

Prosecutions to

Penalties may

pose under the record of the ordinance, a certificate under his publishing to be hand, stating the time and places of such publication or postdence of publ. ing. Such certificate shall be prima facie evidence of the due

publication and posting of the ordinance.

Sec. 5. Whenever it shall be necessary to prove any of the laws, regulations, or ordinances of any village, or any resolution adopted by the council thereof, the same may be read in all courts of justice and in all proceedings:

First, From a record thereof kept by the clerk;

Second, From a copy of the ordinance, or of the record thereof, certified by the clerk under the corporate seal of the village;

Third, From any volume of ordinances purporting to have been written or printed by authority of the council.

SEC. 6. Prosecutions for violation of the ordinances sball be begun within be commenced within two years after the commission of the

offense, and shall be brought within the village, or in the township in which the village, or some part thereof, is located. Any justice of the peace of the village or of the township in wbich the village or some part of it, is situated, sball have the authority to hear, try and determine all causes and suits arising under the ordinances of the village, and to inflict punishment for violations thereof as provided in the ordinances.

SEC. 7. Whenever a penalty shall be incurred for the vioberrecovered by lation of any ordinance, and no provision shall be made for

the imprisonment of the offender upon conviction thereof, such penalty may be recovered in an action of debt or in assumpsit. And when a corporation shall incur a penalty for the violation of any such ordinance, the same shall be sued for in one of the actions aforesaid. Prosecutions for violations of the ordinances of the village may, in all cases except against corporations, be commenced by warrant for the arrest of the

offender. Such warrant shall be in the name of the people of State.

the State of Michigan, and sball set forth the substance of the offense complained of, and be substantially in the form and be issued upon complaint made, as provided by law in criminal cases cognizable by justices of the peace. And the proceed ings relating to the arrest and custody of the accused during the pendency of the suit, the pleadings and all proceedings upon the trial of the cause and in procuring the attendance and testimony of witnesses, and in the rendition of judgments and the execution thereof shall, except as otherwise provided by this act, be governed by and conform as nearly as may be, to the provisions of law regulating proceedings in criminal

causes cognizable by justices of the peace. Village to be SEC. 8. Every village shall be allowed the use of the jail of allowed use of the county in which it is located, for the confinement of all jail

persons liable to imprisonment under the ordinances thereof. or under any of the provisions of this act; and the sheriff, or other keeper of such jail, or other place of confinement or imprisonment, shall receive and safely keep any person committed thereto as aforesaid, until lawfully discharged. In all cases of imprisonment for breaches of the penal laws of this

Warrant to
be in name of

State, such receiving and keeping in sucb jail shall be at the expense of the county in which the village is located; in all other cases it shall be at the expense of the village.

Sec. 9. It shall not be necessary in any suit, proceeding, Not necessary to or prosecution for the violation of any ordinance, to state or recite ordinance set forth such ordinance, or any of the provisions thereof, in warrant. any complaint, warrant, process or pleading therein; but the same shall be deemed sufficiently set forth or stated by recit. ing its title and the date of its passage, adoption or approval. And it shall be a sufficient statement of the cause of action in any such complaint or warrant, to set forth substantially, and with reasonable certainty, as to time and place, the act or offense complained of, and to allege the same to be in violation of an ordinance of the village, referring thereto by its title, and the date of its passage, adoption or approval. În all prosecutions for violations of the ordinances of the village, either party may require a trial by jury. Such jury, except when other provision is made, shall consist of six persons, and, in suits commenced by warrant, shall be selected and summoned as in criminal cases cognizable by justices of the peace, and, in suits commenced by summons, as in civil cases triable before such magistrate. No inhabitant of the village shall be incompetent to serve as a juror in any cause in which the vil. lage is a party or interested, on account merely of such interest as he may have, in common with the inhabitants of the village, in the results of the suit.

SEC. 10. Any person convicted of a violation of any ordi. Appeals to ctrnance of the village in a suit commenced by warrant aš afore- cult court. said, may remove the judgment and proceedings into the cir. cuit court for the county in which the village is located, by appeal or writ of certiorari, and the time for such appeal or removal, and the proceedings therefor, and the bond or security to be given thereon and the proceedings and disposition of the cause in the circuit court, shall be the same as on appeal and certiorari in criminal cases cognizable by justices of the peace; and in suits to which the village may be a party, brought to recover any penalty for such violation, either party may appeal from the judgment or remove the proceedings by certiorari into the circuit court, and the like proceedings shall be bad therefor and thereon, and the like bond or security shall be given as in cases of appeal and certiorari in civil cases tried before justicus of the peace, except that the village shall not be required to give any bond or security thereon.

SEC. 11. The council shall have power to provide and Council to promaintain a village prison, and such watch or station houses as vide a village may be necessary, and may provide for the confinement therein of all persons liable to imprisonment or detention under the ordinances of the village, and for the employment of those imprisoned therein. All persons sentenced to confinement in suob prison, and all persons imprisoned therein on execution for non-payment of fines for violation of the ordinances of the village, may be kept at hard labor during the term of their


« EelmineJätka »