Provided, That no such fine shall exceed five dollars for any one Proviso. offense.

in offices.

SEC. 16. In case of the death, resignation, or removal of the Vacancies president, recorder, or any of the trustees, or other officers elected by the electors of said village, such death, resignation, or removal shall be announced by the president or recorder to the members of the common council who shall convene as soon as may be, and order, by a public notice to be posted up in three public places in said village, that an election will be held by the electors of said Election to fill. village to elect a suitable person or persons to fill such vacancy or vacancies, which shall be conducted and certified in the manner as How conducted. herein before provided for the election of village officers, which

election shall be ordered to be held at any time, and not less than when held. five days nor more than sixty days after such vacancy shall have occurred: Provided, That if at any time there is a single vacancy, Proviso. the common council may fill the same by appointment at any regular meeting.

control, etc.

of streets and

purposes, etc.

SEC. 17. The inhabitants of said village shall be liable to the oper- Laws relating to ation of any and all laws relating to township government, except townships to so far as relates to laying out, altering, vacating, and constructing Exception. streets, highways, and bridges, and the labor so performed thereon, within the limits thereof. The president, recorder, and trustees of Commissioners said village shall be the commissioners of streets and highways, highways. and within the limits of the village, shall have the same power and perform the same duties as now by law belong to the commissioners of highways in the several townships of this State; and the Assessment said common council are hereby vested with full power and author- for highway ity to assess and levy such an amount of labor upon the real and personal property in said village as they may deem necessary to be performed upon the streets, highways, and bridges in said village, and for that purpose they are hereby vested with the same power given by law to the commissioners of highways, and may levy a Poll tax. poll tax not exceeding one dollar, upon each person liable therefor by the laws of this State, and may provide for commutation there- Commutafor at any sum not exceeding one dollar for each day's labor assessed, and may make ordinances providing for the return of such taxes assessed or unpaid, on real estate not occupied by the owners thereof, and that such tax shall be a lien on such real estate, and Tax to be lien. cause the same to be sold in the same manner provided by section twenty-nine of this act; and the common council shall, on or Common council before the first day of May in each year, determine the amount to determine necessary to be raised for such year, for highway purposes, not raised for highexceeding one quarter of a day for every two hundred dollars valuation, exclusive of poll tax. All highway moneys raised in each Highway moneys year, within the corporate limits of the village of Bancroft, upon the village the annual tax-roll of the township of Shiawassee, shall be paid treasury. into the treasury of said village of Bancroft, and it shall be the Treasurer of duty of the treasurer of said township of Shiawassee, on demand, to pay over, etc. to pay over to the treasurer of said village of Bancroft, any and all highway moneys in his hands, collected or received upon the taxable property of said village, and it shall be the duty of the said

tion for.

amount to be

way pur

poses, etc.

to be paid into

Shiawassee,

Receipt.

Powers of common council in reference to officers.

Тахев.

Nuisances.

Sewers, reservoirs, etc.

Drains.

Shows, etc.

Auctions.

tion of wooden

buildings.

Drunkenness.

Gaming.

treasurer of said village, to give the treasurer of said township a receipt for the amount so received; and the common council shall have the exclusive control of all the highway money levied and collected in said village.

SEC. 18. The common council shall have full power and authority to make by-laws and ordinances relative to the duties, powers, and fees of the marshal, treasurer, assessor, and other officers; relative to the time and manner of working upon the streets, lanes, Highways, etc. and alleys of said village; relative to the manner of assessing, levying, and collecting all highway and other taxes in said village; and the common council shall have full power and authority to make by-laws and ordinances relative to nuisances within the limits of said village, and for the abatement of the same, and for the punishment by fine of all persons occasioning the same; to construct sewers and provide reservoirs for water, and to construct or provide pipes, pumps, and all necessary apparatus for raising the water into such reservoirs, and for conducting the same into such streets and places in said village as the common council shall deem necessary; to regulate the construction of private drains; to license all showmen, theatres, traveling concerts, or other public exhibitions wherein a fee for admittance is charged; to compel all auctioneers selling goods at auction, within the limits of said village, to pay a license, to be fixed by the common council; to proTo prohibit erec- hibit the erection of all wooden buildings in said village, within certain boundaries, to be fixed and determined by the said common council; to punish by fine and imprisonment all persons found drunk or disturbing the peace in any street, lane, alley, or other public place in said village; to suppress all games of chance and Fire buckets, etc. hazard; to compel the owners of buildings to procure and keep in readiness such number of fire buckets and ladders as shall be ordered by the common council; to regulate bridges within the limits of said village; to pass all necessary by-laws and ordinances Public meetings, to protect the said village from fires; relative to calling meetings Gunpowder, etc. of the electors of said village; relative to keeping and sale of gunpowder, nitro-glycerine, and other dangerous and explosive artiRunning at large cles, or burning fluids; relative to the restraining of swine, horses, and other animals from running at large in the streets, alleys, and other public places in said village; to regulate and establish one or more pounds in said village; to make all necessary rules and regulations relative to the grading of streets, alleys, lanes, and sidewalks within the limits of said village, and to prescribe the grade on which the same shall be built, and the width and manner of building the same; to cause streets and sidewalks within the limits of said village to be graded and properly improved, and to impose all necessary taxes and assessments for that purpose, within the limits of said village, in the manner provided in this act; and to suppress or regulate all billiard tables, and all other gaming tables kept for hire, gain, or reward in said village; to suppress all disorderly or bad houses in such manner as shall by them be deemed expedient or necessary: Provided always, That such by-laws and ordinances shall not be repugnant to the constitution of the United States,

Fires.

of animals, etc.

Pounds.
Grading.

Sidewalks.

Billiard

tables, etc.

Disorderly houses.

Proviso.

or of this State: And provided also, That no by-laws or ordinances Further proviso. of said common council shall have any affect until the same have been published one week in a newspaper printed in the county of Shiawassee.

cemeteries, etc.

SEC. 19. The common council shall have full power to purchase Common council and hold, for the use of the inhabitants of said village, suitable may purchase grounds for cemeteries and burial places for the dead thereof; to cause the same to be properly prepared, enclosed, or ornamented; to make all needful rules and regulations respecting the same, and Levy taxes the management thereof, and to levy and collect taxes upon the taxable property of said village; to pay all necessary expenses incurred in so doing; and also to make rules and regulations con- Make rules cerning shade and ornamental trees along the line of the streets and to govern, etc. sidewalks of said village.

for, etc.

SEC. 20. The common council shall have power to make all such Protection by-laws and ordinances as they shall deem necessary to secure said against fire, village and the inhabitants thereof, against injuries by fire, and persons violating the public peace; for the suppression of riots and Public peace. gambling, and for the punishment of the same; for the apprehen- Vagrants, etc. sion and punishment of vagrants, drunkards, and idle persons; and they shall have power and authority to make all such by-laws and Fines, penalordinances as to them shall seem necessary for the safety and good government of said village, and the inhabitants thereof, and to impose all fines, penalties or forfeitures on all persons offending against the by-laws and ordinances made as aforesaid.

ties, etc.

wood, hay.

SEC. 21. The common council shall have full power to prevent Sale of liquors, the vending of liquors in any place within said village, not duly licensed; to regulate the measuring of fire wood, and weighing of hay; and to prescribe and designate the stand for carts, wagons, To designate and drays, and for wood, hay, and produce exposed for sale in wagons, etc. said village; to appoint a sealer of weights and measures; to pre- Weights and vent and punish immoderate driving, in any of the streets of said measures. village; to prohibit bathing in any of the public waters of said driving. village; to prevent the incumbering of the streets, sidewalks, alleys, Incumbering public grounds, or squares; to provide for ornamenting the public ornamenting grounds of said village, and to regulate all graveyards and places public grounds. of burial for said village.

Immoderate

Bathing.

streets, etc.

Graveyards, etc.

and vacating

public use.

SEC. 22. The common council shall have authority to lay out Laying out and establish, vacate, open, make, and alter such streets, lanes, streets, etc. alleys, sidewalks, highways, water-courses, and bridges within the limits of said village, as they deem necessary for the public convenience, and if in the exercise of this power, they shall require May take private for any of such purposes, the grounds of any person, they shall grounds for give notice thereof to the owner or parties interested, or his, her, Notice. or their agent, or representative, by personal service, or by written notice posted up in three of the most public places in said village, at least three weeks next preceding the meeting of the said common council for any of the purposes aforesaid, and the common council Common council are hereby authorized to treat with such person or persons for such may treat with grounds or premises, and if such person or persons shall refuse or neglect to treat for the same, or if the parties cannot agree therefor,

owners.

When cannot

be summoned.

by justice.

Return of, to justice.

Justice to enter judgment of confirmation.

Payment or ten

der to claimant.

it shall and may be lawful for said common council to direct the agree jury may recorder of said village to issue a venire facias to command the marshal of said village, or any constable of said county to summon and return a jury of twelve disinterested freeholders, to be taken without the limits of said village, to appear before any justice of the peace of said village, at any time therein to be stated, to inquire into the necessity of using such ground or premises, and the just compensation to be made therefor to the owner or owners of, or parties interested in such grounds and premises, which jury, being Jury to be sworn first duly sworn by said justice, faithfully and impartially to inquire into the necessity of using such ground, or premises, and the just compensation to be made therefor, and having viewed the premises, if necessary, shall inquire of such necessity, and assess such damages and compensation 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 or estates therein; and the said justice shall, upon the return of such assessment, or verdict, enter judgment therefor, confirming the same, and such sum, or sums so assessed, together with all costs, shall be paid, or legally tendered, before such street, lane, or alley, sidewalk, highway, or bridge, shall be made, opened, or established, or altered, to the claimant, or claimants thereof. It shall thereupon be lawful for the common council to cause the same grounds or premises to be occupied and used for the purposes aforesaid: Provided, That the common council, or any party claiming damages as aforesaid, may have the right to remove such proceedings, by appeal, to the circuit court, or any other court of competent jurisdiction, upon giving notice of his, her, or their intention so to do to said justice, in writing, within ten days, or in case of the absence of said party from said village at the time of the rendition of the judgment, then within thirty days after the verdict of such jury, and the judgment of said justice as aforesaid, upon the filing of a transcript of the proceedings aforesaid, duly certified by the said justice, within forty days after the verdict and judgment as aforesaid, in the circuit court, or any other court of record, having appellate jurisdiction, the same proceedings shall be had as is prescribed by law in other cases of appeal: Provided, That if final judgment for damages shall not exceed the damages assessed before the justice, at least five dollars, then the party appealing shall pay all costs occasioned by such appeal.

Grounds may, be occupied.

Proviso.
Appeal.

Notice of. Time within which taken.

Proviso.

Village prison.

SEC. 23. The common council shall have the power to erect and maintain in said village a village prison, and any person convicted of a violation of this act, or of any by-law or ordinance made by the common council of said village, or of any law of the State, may be imprisoned in said village prison during the time that shall elapse between the time of arrest and time of trial or examination; and the common council shall have power to make all necessary rules and regulations for the government of said prison, and to Village to have appoint a keeper thereof. Said village shall also have the use of the common jail of the county of Shiawassee, for the imprisonment of all persons liable to imprisonment under the by-laws and

Keeper.

use of county

jail.

lage treasury.

ordinances of the common council; and all persons committed to jail by the recorder or any justice of the peace, for violation of any by-law or ordinance of said common council, shall be in the custody of the sheriff of the county, who shall safely keep the person so committed until lawfully discharged as in other cases. Whenever a conviction is had or a judgment rendered for any fine, Fines, etc., to be penalty, or forfeiture, for a violation of any by-law or ordinance of paid into vill. said village, it shall be with costs of suit, and execution shall issue therefor, and all such fines, penalties, forfeitures, and costs, when collected, shall be paid into the village treasury by the officer receiving the same immediately after the receipt thereof; any Penalty for reperson who shall neglect or refuse to pay the same as aforesaid, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than three months nor more than one year, or by both such fine and imprisonment in the discretion of the court. All fines recovered for any violation of any law of the State, To be paid to and for all violations of by-laws [by-law] or ordinance of said village, county treasurer, which the law requires to be paid to the county treasurer, shall be paid

fusal to pay over fines, etc.

etc., shall be aud

by supervisors,

to the treasurer of the county of Shiawassee; and all expenses and Expenses and costs of apprehending, examining, trying, and committing offend- costs of trials, ers against any of the laws of the State or against any such by- ited and allowed law or ordinance of said village where the fines, when recovered, etc. are by law required to be paid to the county treasurer, shall be audited, allowed, and paid by the board of supervisors of said county of Shiawassee, the same as if such expense and costs had been incurred in any township of said county.

tions of ordi

SEC. 24. Any justice of the peace of the township of Shiawassee Jurisdiction of is hereby authorized and empowered to inquire of, hear, try, and justice for violadetermine in a summary manner, all the offenses which shall be nances, etc. committed within the limits of said village against any of the bylaws, ordinances, and regulations that shall be made, ordained, or established by the said common council, in pursuance of the powers granted to them by this act, and to punish the offender or offenders as by the said by-laws, ordinances, or regulations shall be prescribed or directed: Provided always, That any person, on Trial by jury. charge of violating any of the by-laws, ordinances, or regulations aforesaid, may demand and have a trial by jury, and either party Appeal. may appeal to the circuit court of Shiawassee county.

common council.

SEC. 25. The recorder, treasurer, and marshal shall receive such Compensation of compensation for their services as herein before specified, and other members of officers appointed such amount respectively as the by-laws and ordinances shall direct; but the residue of the common council shall not receive any pecuniary compensation for their services. SEC. 26. The common council shall, at the expiration of each Annual financial year, cause to be published a just and true statement of all moneys published. received or expended by them in their corporate capacity during the year next preceding such publication. Also, the disposition Auditing of thereof previous to which they shall settle and audit the accounts accounts. of the treasurer and all other officers and persons having claims

statement to be