in writing, officially signed by him, informing the county clerk that the office of such collector or justice of the peace is

vacant.

TITLE III.

OF THE POWERS AND DUTIES OF OFFICERS.

SEC. 1. The mayor shall be the chief executive officer of the city, and shall also be president of the common council, and shall countersign all orders drawn upon the city treasurer, and see that all the officers of said city faithfully comply with and discharge their official duties; that all laws pertaining to the municipal government of said city, and all ordinances and re solutions of the common council are faithfully observed. He shall have the same power as conservator of the peace within the limits of the city as any justice of the peace has, or may by law have, and to this end it shall be lawful for him when any person shall in his presence be guilty of a breach of the peace, or a violation of any of the ordinances of the common council punishable by fine or imprisonment, to direct the marshal, or other officer, forthwith to apprehend such offender or offenders, and take him or them before a justice of the peace for said city, who shall, without unreasonable delay, proceed to the examination and trial of the party arrested. He shall also have power, and it shall be his duty, to preserve order and decorum in the council room during the session of the common council, and for this purpose may order any disorderly person to be arrested for disorderly or contemptuous conduct in his presence, and imprisoned for a period not exceeding twenty-four hours.

SEC. 2. The recorder shall be the city clerk, and shall perform all the duties and have all the statutory powers of a township or city clerk, in respect to the filing and custody of all papers required to be filed, and the performance of all other statutory duties. He shall keep a record of the proceedings of the common council, and a record of all claims allowed by them. He shall also draw all orders on the treasurer for claims and accounts allowed by the common council, and if required, keep an account as near as may be, to which fund the same belongs.

SEC. 3. It shall be the duty of every alderman in said city to attend the regular and special meetings of the common council; to act upon committees when thereto appointed by the mayor or common council; to order the arrest of all persons violating the laws of this State, or the ordinances, by-laws or police regulations of said city; to report to the mayor all subordinate officers who are guilty of any official misconduct or neglect of duty; to maintain peace and good order, and to perform all other duties required of them by this act. The aldermen of said city, by virtue of their offices, shall be conservators of the public peace, and as such shall have and exercise all the power and authority of justices of the peace, as such conservators, in criminal cases, and enforcing the laws of this State relating to the police thereof, but shall have no jurisdiction in civil cases.

SEC. 4. The marshal of said city shall be the chief of police; see that all the by-laws and ordinances of the common council are properly and efficiently enforced, and especially those which may be passed to carry into effect those parts of this act relating to police and sanitary regulations. He shall obey all the lawful orders of the mayor, and may command the aid and assistance of all constables, and all other persons, in the discharge of the duties imposed upon him by law. He may appoint such number of deputies as the common council shall direct and approve, who shall have the same powers and perform the same duties as the marshal, and for whose official acts he shall be in all respects responsible; and the marshal and his deputies shall have the same power to serve and execute all process on behalf of the corporation of said city, or of the people of the State, as sheriffs or constables have by law to execute similar process.

SEC. 5. The city attorney, under the direction of the common council, shall have charge of and conduct of all the law business of the corporation, and in which it shall be interested, except otherwise ordered by the common council in special cases, and shall also advise the common council boards of the city and their officers and committees, upon all matters apper

taining to the business of said city, and the enaction of its laws and ordinances, when submitted to him for his opinion.

SEC. 6. The city treasurer shall have the custody of the money and valuable papers and obligations belonging to the corporation, and shall keep a just and true account of all moneys received and disbursed by him, and no money shall be paid out except upon the order of the common council, and upon warrants drawn by the mayor and recorder, and for school purposes, upon proper authority, He shall, once in each year, and oftener if required, settle with the common council, and shall pay over all moneys in his hands upon the order of the common council, and shall deliver all obligations and valuable papers in his possession to his successor in office, when required.

SEC. 7. The supervisors in said city shall have the same powers, and exercise the same duties, in relation to the assessment and collection of taxes, in their respective districts, and as members of the board of supervisors of the county of Washtenaw, as are possessed and performed by supervisors of the townships in said county, and shall perform such other duties as are provided by law, not inconsistent with the provisions of this charter.

SEC. 8. The collectors in their respective districts shall have such powers and perform such duties, in relation to the collection of taxes, as are prescribed for township treasurers by statute, and shall also perform such other duties in respect to the collection of city taxes, as shall be provided by the common council.

SEC. 9. The street commissioners shall, when required, under the direction of the common council, superintend the making, paving, repairing and opening of all streets, lanes, alleys and sidewalks within the limits of their respective districts, and shall possess, in addition to the powers and duties specifically enumerated by this charter, the powers exercised by overseers of highways in townships by statute, so far as consistent with this charter.

620

SEC. 10. Justices of the peace shall have such jurisdiction to hear, try and determine civil and criminal cases, as is given by statute, and shall also have jurisdiction of all cases arising under the charter or ordinances of said city.

SEC. 11. The recorder, city treasurer, collector_ and street commissioner shall respectively give bonds to the city in such sums and with such sufficient sureties, conditioned for the faithful performance of their respective duties, as shall be ordered and approved by the common council: Provided, That any officer performing the duties required by township officers, in regard to the collection of taxes, shall give and file their bonds in such amounts and in such time as is required by the corresponding township officers; and the several officers above named shall perform all other duties and exercise such powers as may be defined by this charter, and the ordinances of the common council passed in conformity to it.

powers and per

SEC. 12. All other officers shall have such form such duties as may be given and required by this act, and the ordinances and resolutions of the common council.

TITLE IV.

OF THE POWERS OF THE COMMON COUNCIL.

SEC. 1. The mayor, recorder and aldermen, when assembled together and organized, shall constitute the common council of the city of Ann Arbor, and a majority of the whole (the mayor or recorder always being one) shall be necessary to constitute a quorum for the transaction of business, (but a less number may adjourn from time to time ;) and the common council may be summoned to hold their meetings at such time as the mayor, or in case of his absence or inability to act, the recorder may appoint, and at such place as shall have been designated as council room by the common council. The common council shall have power to impose, levy and collect such fines as they deem proper, nor exceeding five dollars, for the non-attendance at any meeting of any officer of the corporation, who has been duly notified to attend the same.

In case of the absence of the mayor or recorder from such meeting, the members present may appoint a president or recorder pro tempore. Each member of the common council shall be entitled to one vote.

SEC. 2. The common council, in addition to the powers and duties specially conferred upon them in this act, shall have the management and control of the finances, rights, interests, buildings and all property, real and personal, belonging to the city, and make such orders and by-laws relating to the same as they shall deem proper and necessary; and further, they shall have power, within said city, to enact, make, continue, modify, establish, amend and repeal such ordinances, by-laws and regulations as they deem desirable, within said city, for the following purposes:

First. To prevent vice and immorality, to preserve public peace and good order, to organize, maintain and regulate a police of the city, to prevent and quell riots, disturbances and disorderly assemblages, to prevent the violation of the Sabbath and the disturbance of any religious congregation, or any other public meeting assembled for any lawful purpose;

Second. To restrain and prevent disorderly and gaming houses and houses of ill-fame, and seize all instruments and devices used for gaming, and to prohibit all mock auctions, gaming and fraudulent practices and devices, and to regulate and restrain billiard tables and bowling alleys.

Third. To forbid and prevent the vending or other disposition of liquors and intoxicating drinks, in violation of the laws of this State, and to forbid the selling or giving to be drunk, any intoxicating or fermenting liquors to any common ca drunkards or to any child or young person, and to prohibit, restrain and regulate the sale of all goods, wares and personal property at auction, except in cases of sales authorized by law, and fix the fees to be paid by and to auctioneers;

Fourth. To prohibit, restrain and regulate all sports, exhibitions of natural or artificial curiosities, caravans of animals, theatrical exhibitions, circuses or other public perform