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prima facie evi

Certificate of 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 publi. ing. Such certificate shall be prima facie evidence of the due publication and posting of the ordinance.

cation.

Judicial notice.

Prosecutions to

one year.

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 shall 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 which the village or some part of it, is situated, shall 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.

Penalties may

sult.

Warrant to
be in name of
State.

SEC. 7. Whenever a penalty shall be incurred for the viobe recovered 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 the State of Michigan, and shall 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 allowed use of county jail,

SEC. 8. Every village shall be allowed the use of the jail of the county in which it is located, for the confinement of all 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

State, such receiving and keeping in such 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.

recite ordinance

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 in complaint or 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 reciting 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. In 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 village 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 cirnance of the village in a suit commenced by warrant as afore-cult court, said, may remove the judgment and proceedings into the circuit 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 had therefor and thereon, and the like bond or security shall be given as in cases of appeal and certiorari in civil cases tried before justices of the peace, except that the village shall not be required to give any bond or security thereon.

prison.

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 such 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

Prosecutor to file security for

ings,

imprisonment, either within or without the prison, under such regulations as the council may prescribe.

SEC. 12. In all prosecutions for violations of the ordicosts in proceed. nances of the village, commenced by any person other than an officer of the village, the court may require the prosecutor to file security for the payment of the costs of the proceedings, in case the defendant is acquitted. But he shall not be liable for the payment of the costs if the magistrate before whom the complaint is made or trial is had, shall certify in his minutes that there was probable cause for the making of such complaint.

Fines, to whom paid.

Suit to be commenced against person not pay. ing over fines.

SEC. 13. All fines imposed for violations of the ordinances of the village, if paid before the accused is committed, shall be received by the court or magistrate before whom the conviction was bad. If any fine shall be collected upon execution, the officer or person receiving the same shall immediately pay over the money collected to said court or magistrate. If the accused be committed, payment of the fine and costs imposed shall be made to the sheriff or other keeper of the jail or prison, who shall within thirty days thereafter, pay the same to said court or magistrate, and the court or magistrate receiving any such fine or penalty, or any part thereof, shall pay the same into the village treasury except such fines as by the constitution are appropriated for library purposes, on or before the first Monday of the month next after the receipt of the same, and take the treasurer's receipt therefor, and file the same with the clerk.

SEC. 14. If any person who shall have received any such fine or any part thereof, shall neglect to pay over the same pursuant to the foregoing provision, it shall be the duty of the council to cause suit to be commenced immediately therefor, in the name of the village, and to prosecute the same to Failure to pay effect. Any person receiving any such fine, who shall willfully neglect or refuse to pay over the same as required by the foregoing provisions. shall be deemed guilty of a misdemeanor and shall be punished accordingly.

over fines a misdemeanor.

General powers of council.

CHAPTER VII.

POWERS OF COUNCIL.

SECTION 1. Every village subject to the provisions of this act, sball, in addition to such other powers as are [conferred] confirmed, have the general power and authority granted in this chapter, and the council may pass such ordinances in relation thereto as it may deem proper, namely:

First, To restrain and prevent vice and immorality;

Second, To punish vagrants, disorderly persons and common prostitutes;

Third, To abate nuisances and preserve the public health; Fourth, To prohibit and suppress disorderly and gaming houses;

Fifth, To regulate, license, or suppress billiard tables and ball alleys;

Sixth, To suppress gaming;

Seventh, To suppress saloons for the sale of spirituous and intoxicating liquors, and license taverns and eating houses; Eighth, To regulate and license public shows and exhibitions;

Ninth, To license auctioneers, license and regulate hawkers and peddlers, and to regulate or prohibit sales of property at auction, except sales made pursuant to some order of court or public law; and also to require transient traders and dealers to take out licenses before engaging in business, and may regulate by ordinance the terms and conditions of issuing the same; Tenth, To license and regulate hacks and other public vehicles;

Eleventh, To provide for and regulate the inspection of provisions;

Twelfth, To provide for the inspection and sealing of weights and measures, and to enforce the keeping and use of proper weights and measures by venders;

Thirteenth, To regulate or prohibit bathing in the rivers, ponds, streams and waters of the village;

Fourteenth, To regulate or prohibit the selling, storing or transportation of combustible or explosive substances or materials within the village, and to regulate and restrain the making of fires in the streets or other open spaces in the village;

Fifteenth, To make ordinances for the organization and regulation of the fire department and for the prevention and extinguishment of fires, and to establish and maintain definite fire limits;

Sixteenth, To license and regulate solicitors for passengers or for baggage for any hotel, tavern, public house, boat, or railroad; also draymen, carmen, truckmen, porters, runners, drivers of cabs, hackney coaches, omnibuses, carriages, sleighs, express vehicles, and vehicles of every other description, used and employed for hire, and to fix and regulate the amounts and rates of their compensation;

Seventeenth, To require horses, mules, or other animals attached to any vehicle, or standing in any of the streets, lanes or alleys in the village, to be securely fastened, hitched, watched or held;

Eighteenth, To prevent and punish horse-racing and immoderate driving in any street. park, or alley, and to authorize the stopping and detaining of any person who shall be guilty of immoderate driving or riding in any street, park, or alley in the village;

Nineteenth, To prevent the running at large of dogs, to require them to be muzzled, and to authorize their destruction if found at large, in violation of any ordinance of the village; Twentieth, To establish lines and grades upon which buildings may be erected, and beyond which such buildings shall not extend;

Council may pre

licenses.

revoked.

Twenty-first, To prevent the erection and provide for the removal of all buildings deemed unsafe;

Twenty-second, To regulate the placing and provide for the preservation of horse or hitching posts;

Twenty-third, To declare and define the powers and duties of the officers of the village, whose powers and duties are not specifically prescribed in this act;

Twenty-fourth, To require the treasurer, marshal, and such other officers of the village as the council shall deem proper, to give bonds for the discharge of their official duties;

Twenty-fifth, To see that the several officers of the village perform their duties faithfully and that proper measures are taken to punish neglect of duty on the part of any of such officers;

Twenty-sixth, To provide for the care, custody, and preservation of the public property of the village;

Twenty-seventh, To adopt such other ordinances and make such other regulations for the safety and good government of the village and the general welfare of its inhabitants as are not inconsistent with the general laws of this State.

LICENSES.

SEC. 2. The council may prescribe the terms and condiscribe terms for tions upon which licenses may be granted, and may exact and require payment of such sum for any license as shall be reasonable and proper. The person receiving the license shall, if required by the council or ordinance of the village, before the issuing thereof, execute a bond to the corporation in such sum as the council may prescribe, with one or more sufficient sureties, conditioned for a faithful performance of the laws relating to the corporation and the ordinances of the council, and Licenses may be otherwise conditioned as the council may prescribe. Every license shall be revocable by the council at pleasure; and when any license shall be revoked for non-compliance with the terms and conditions upon which it was granted, or on account of any violation of any ordinance or regulation passed or authorized by the council, the person holding such license shall, in addition to all other penalties imposed, forfeit all payment Penalty for not made for such license. And the council may provide for punhaving license. ishment, by fine or imprisonment, or both, of any person who, without license, shall exercise any occupation or trade, or do anything for or in respect to which any license shall be required by any ordinance or regulation of the council. The Support of the council of any village may make such provisions as they shall deem expedient for the support and relief of poor persons residing in the village; and for that purpose may provide, by ordinance or resolution, for the appointment of a director of the poor for the village, and may prescribe his duties and vest him with such authority as may be proper for the due exercise of his duties.

poor,

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