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constables or other officers of said city, except as is hereinafter provided; relative to the time and manner of working upon the streets, lanes and alleys of said city; relative to the manner of grading, railing, planking and paving all side walks in said city, and to Streets, &c. setting posts and shade trees in all streets, lanes and alleys in said city; relative to the manner of assessing, levying and collecting all highway and other taxes in said city, except as hereinafter provided. Taxes. And the said common council shall have power to make by-laws and ordinances relative to all nuisances within the limits of said city, and for the abatement of the same, and for the punishment by fine or otherwise of all persons occasioning the same; relative to the cleaning of chimneys and protecting said city from fires; relative to the manner of warning meetings of the freemen of said city; relative to the city watch; relative to the public lights of lamps of said city; relative to the keeping and sale of gunpowder in said city; relative to the restraining of swine, cattle, horses and other description of animals from running at large in the streets, lanes or alleys, and other public places in the city; to regulate and establish one or more pounds for said city; relative to billiard and other tables kept Pounds. for hire, gain or reward in said city; and also full power and auGaming tathority to make all such by-laws and ordinances as may be deemed by the common council expedient or necessary for preventing and suppressing all disorderly houses and houses of ill-fame; and also to prohibit the exercise of any unwholesome or dangerous avocation in said city; for the preservation of the salubrity of the waters of the Grand River or other streams within the limits of the said city; relative to the opening of sluices and building all wharves; relative to the filling up all low grounds or lots, covered or partially covered with water; relative to the embankment of the margin of said river within said limits.

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Sec. 15. The said common council shall have and authori- General power ty, and it is hereby made their duty to require and compel the abatement and removal of all nuisances within the limits of said city, under such regulations as shall be prescribed by ordinance; to cause all grounds therein where water shall become stagnant, to be raised, Nuisances. filled up or drained; but shall not interfere with the use of the Grand Rapids canal; and to cause all putrid substance, whether animal or

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vegetable, to be removed to a distance beyond the limits of said city; and when it may become necessary for the abatement of such nuisance, to pull down any building or to fill up or level any grounds, it shall be lawful for the common council to assess the costs or expenses of such filling up or leveling or removing buildings, the property improved; and should the owner or occupant, on reasonable notice being had, neglect or refuse to pay the full amount of such assessment, the said common council shall have authority to sell or lease such premises at public auction for the least number of years that will defray such charge or expense, giving thirty days previous notice of the time and place of such sale or leasing, in some newspaper published in said city; and such sale shall vest a full and legal title to the purchaser for such term as the same may be sold: Provided however, That said costs and expenses, or any part thereof, may be at the discretion of the common council, and with the consent of the freeholders by a two-thirds vote, in legal meeting assembled, paid and provided for by a general assessment upon the property of the whole city.

Sec. 16. The common council shall have power to make all such ordinances. by-laws and ordinances as shall be necessary to secure said city and the inhabitants thereof against injuries by fire, thieves, robbers, burglars and other persons violating the public peace; for the sup pression of riots and gambling, and indecent and disorderly conduct, and for the punishment of the same, and for the punishment of all lewd and lascivious behavior in the streets and other public places in said city, and for the apprehension and punishment of all vagrants, drunkards and idle persons; and they shall have power, from time to time, to make and publish all such by-laws and ordinances as to them shall seem necessary; to provide for the safety and good government, preserve the health, promote the prosperity and improve the comfort and convenience of said city and of the inhabitants thereof; and to impose fines, forfeitures and penalties on all persons offending against the by-laws and ordinances made as aforesaid.

Board of health.

Sec. 17. The common council shall have power to establish a board of health for said city; to invest it with such powers and impose upon it such duties as shall be necessary to secure said city and the inhabitants thereof from contagious, malignant and infectious

diseases; provide for its proper organization and the election or appointment of the necessary officers therefor, and make such by-laws, rules and regulations for its government and support as shall be required for enforcing the most prompt and efficient performance of its duties and the lawful exercise of its powers.

By laws of fire compa

Sec. 18. The common council shall have authority to establish and Fire companies. organize all fire companies, and hose, hook and ladder companies, and provide them with proper engines and other instruments as shall be necessary to extinguish fire and preserve the property of the inhabitants of said city from conflagration; and to appoint from among the inhabitants of said city such number of men, willing to accept, as may be deemed proper and necessary to be employed as firemen: Provided, Such number does not exceed fifty in the management of each engine: and each fire and hose and hook and ladder company shall have power to appoint their own officers, pass bylaws for the organization and government of said company, subject to the approval of the mayor, recorder and aldermen; and may impose and collect such fines for the non-attendance or neglect of duty nies. of any of its members as may be established by such by-laws and regulations of every such company: and every person belonging to such company shall obtain from the clerk of said city a certificate to that effect, which shall be evidence thereof; and the members of any such company, during their continuance as such, shall be excused Exemptione from all duty in the militia in time of peace, and also from serving on any jury in any of the courts of this State, or payment of poll tax; and it shall be the duty of every fire company to keep in good and perfect repair the fire engines, hose, ladders and other instruments of such company; and upon any alarm or breaking out-of any fire within said city, each fire company shall forthwith assemble at Duty of the place of such fire with the engines and other implements of each of said fire companies; and it shall be the duty of each fire company to assemble once in each months, or as often as may be directed by said common council, for the purpose of working or examining said engines and other implements, with a view to their perfect order and repair.

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Sec. 19. Upon the breaking out of any fire in said city, the marshal and constables shall immediately repair to the place of such fire constables.

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with their staves of office, and be aiding and assisting as well in extinguishing such fire as in preventing any goods from being stolen, and also in removing and securing the same; and shall in all respects be obedient to the mayor, recorder and aldermen and fire wardens, or either of them, or such of them as may be present at such fire. Sec. 20. The common council shall have power, and it is hereby Com coun- made their duty, to regulate by good and wholesome laws and ordinances for that purpose, all ale and porter shops and places of resort where spirituous liquors are sold or used within said city; public shows and all exhibitions of whatever name or nature, to which admission is obtained by payment of money or any other reward; and the said common council shall have power to grant licences, (provided that a majority of the electors voting at any annual election shall vote in favor of granting licenses for selling spirituous liquors,) to retailers of spirituous liquors, keepers of all ale or porter shops and groceries, showmen and all other exhibitions for money, and all pawn-brokers: and in granting any such license it shall be lawful for said common council to exact, demand and receive such sum or sums of money as they shall think fit and expedient, to annex thereto such reasonable terms and conditions in regard to time, place and other circumstances under which such license shall be acted upon, as in their opinion the peace, quiet and good order of society in said city may require; and for the violation of such terms and conditions as aforesaid, the common council shall have power to revoke or suspend such license whenever the good order and welfare of said city may require it, and to impose such fine for any such violation as they may deem proper.

General powers.

Sec. 21. The common council shall have full power and authority to construct, repair and preserve sewers and drains; also the weighing of hay, and to prescribe and designate the stand for carters and carts, and for wood, hay and produce exposed for sale in said city; to prevent the vending of liquors in any place within said limits not duly licensed; to prevent and punish immoderate driving in any of the streets in said city; to prevent the incumbering of the streets, side walks, alleys or public grounds or squares; to provide other streams of all wood, filth

for clearing Grand River canal or

and other nuisances; to regulate the keeping and transporting of

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gunpowder and other combustible materials within said city; to regulate all public grave yards and burial of the dead in said city. See. 22. The said common council shall have authority to lay out and establish, open, make and alter such streets, lanes and alleys, side walks, highways, water courses and bridges, within the limits Open streets of said city, as they may deem necessary for the public convenience; and if, in doing thereof, they shall require for such purposes the grounds of any person, they shall give notice thereof to the owner or parties interested, or his or their agent or representative, by personal service or by publication in some one of the newspapers printed in said city, at least three weeks next preceding the meeting of the common council for the purposes aforesaid; and if such person shall claim any damages for any such grounds or premises, he shall Damages. present his claim in writing, to be filed with the clerk of said city, one week previous to such meeting of said common council; and the said common council are hereby authorized to treat with such person for such grounds or premises; and if such person shall refuse to treat for the same, or if the parties cannot agree therefor, it shall be lawful for said common council to direct the clerk of said city to issue a precept, under his hand and seal of the city court, in the nature of a venire facias, to command the marshal, or any constable of said city, to summon and return a jury of twelve disinterested freeholders of said city, to appear before said city court at any time to be therein stated, to inquire into and assess the damages and recompense due to the owner or owners of, or interested in, such grounds or premises; which jury, being first duly sworn by said court faith

fully and impartially to inquire into and assess the damages in ques- Assessment tion, and having viewed the premises, if necessary, shall inquire of and assess such damages and recompense as they shall judge fit to be awarded to the owner or owners of, or parties interested in, such grounds or premises, for their respective losses, according to the several interests and estates therein; and the said court shall, upon the return of such assessment or verdict, enter judgment thereon, confirming the same: and all such sum or sums so assessed, together with all costs, shall be paid or legally tendered before such street, lane or alley, side walk, highway or bridge, shall be made, opened, established or altered, to the claimant or claimants thereof; but if

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