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Proviso relative to costs.

Moneys received for licenses.

This act a public act.

Eligibility to office.

said party from said village at the time of the rendition of said judgment, then within thirty days after the verdict of the said jury and the judgment of said justice 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 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 of such appeal. Sec. 29. All moneys received for licenses granted to tavernkeepers or common victualers, under the provisions of this act, shall be paid to the treasurer of the village, to the credit of the general fund.

Sec. 30. This act shall be favorably construed and received in all courts as a public act, and copies thereof, printed under the authority of the Legislature, shall be received as evidence without further proof.

Sec. 31. No person shall be eligible to any office in this corporation unless he shall have resided in said corporation three months next preceding his election, and shall be entitled to a vote therein.

Sec. 32. This act shall take immediate effect.
Approved April 8, 1871.

[No. 262.]

AN ACT to amend an act entitled an act to incorporate the city of East Saginaw, approved February fifteenth, eighteen hundred and fifty-nine, as amended by act number fiftysix, of the session laws of eighteen hundred and sixty-one, approved February twentieth, eighteen hundred and sixtyone, and act number seventy-nine, of the session laws of eighteen hundred and sixty-five, approved March first, eighteen hundred and sixty-five, and act number three hundred and ninety-one, of the session laws of eighteen hundred and sixty-seven, approved March twenty-second, eighteen hundred and sixty-seven, and act number two hundred and eighty-four, of the session laws of eighteen hundred and sixty-nine, approved March sixteenth, eighteen hundred and sixty-nine.

amended.

SECTION 1. The People of the State of Michigan enact, That Sections sections one and four, of title two, of an act entitled an act to incorporate the city of East Saginaw, approved February fifteenth, eighteen hundred and fifty-nine, as amended by act number fifty-six, of the session laws of eighteen hundred and sixty-one, approved February twentieth, eighteen hundred and sixty-one, and act number seventy-nine, of the session laws of eighteen hundred and sixty-five, approved March first, eighteen hundred and sixty-five, and act number three hundred and ninety-one, of the session laws of eighteen hundred and sixtyseven, approved March twenty-second, eighteen hundred and sixty-seven, and act number two hundred and eighty-four, of the session laws of eighteen hundred and sixty-nine, approved March sixteenth, eighteen hundred and sixty-nine, be amended so as to read as follows:

SECTION 1. The following officers of the city of East Sag- City officers. inaw shall be elected at the annual city election, by the qualified electors of the whole city voting in their respective wards on a general ticket, viz: One mayor, one recorder, one treasurer, and one director of the poor. The following officers of Ward the corporations shall be elected at said election on a ward ticket in each ward, by the qualified electors thereof, viz: Two aldermen, two school inspectors, one supervisor, and one

officers.

pointed by council.

Officers ap- constable. The following officers of said corporations shall be chosen by the common council, as hereinafter provided, by ballot, viz: One city clerk, one controller, one assessor, one marshal, one street commissioner, one city surveyor, one city attorney, one city physician, two cemetery commissioners, and one chief engineer of the fire department. The following officers of said corporations shall be appointed by the common council in such manner as is hereinafter provided, or as the common council may by ordinance direct, viz: An assistant marshal, one or more keepers of the city prison, almshouse, or hospital, two assistant engineers of the fire department. pound-masters, sealers of weights and measures, board of sewers commissioners, board of water commissioners, inspectors of gas and gas-meters, clerks of markets and for city officers. inspectors of firewood, hay, and provisions, harbor masters, port-wardens, fire-wardens, scavengers, common criers, auctioneers, weigh-masters, and such other officers as may be necessary to carry into effect the powers herein granted. The said common council shall have power to regulate and prescribe the duties of all officers of said corporations appointed by virtue of the power herein granted, and to fix the fees, compensation, and emoluments to be paid such officers, except as herein otherwise provided.

Council to

prescribe

duties and

compensa

tion of offi

cers.

Justices of

the peace.

Sec. 4. At the first annual election after the passage of this act, there shall be elected by the qualified electors of said city. voting in their respective wards, four justices of the peace, one of whom shall be elected for the term of one year, one for the term of two years, one for the term of three years. and one for the term of four years, and the term for which each person is voted shall be distinguished on the ballots, who shall enter upon the duties of the office immediately upon being qualified acccording to law and every annual election thereafter, there shall be elected one justice of the peace who shall hold his office for the term of four years, and every justice of the peace elected in said city shall take the oath and file

electing offi

terms of

his bonds within ten days after his election, and enter upon the performance of the duties of his office on the tenth day after his election, and in case of vacancy in said office of justice of the peace, the same shall be filled at the succeeding annual election as provided by law. There shall also be elected by the qualified electors of said city, voting in their respective wards, one mayor, one treasurer, and one director of the poor, who shall hold their offices for one year, or until their successors are elected and qualified. At the annual elec- Times of tion in said city, in the year eighteen hundred and seventy, cers, and and every two years thereafter, there shall be elected by the office. qualified electors of said city, voting in their respective wards, one recorder, who shall hold his office for two years, or until his successor shall be elected and qualified. At the annual election to be held in said city, in the year eighteen hundred and sixty-nine, there shall be elected by the qualified electors thereof, two aldermen for each ward, one for the term of one year and one for the term of two years, and thereafter there shall be elected annually, in each ward, one alderman for the term of two years. At the annual election in the year eighteen hundred and sixty-nine there shall also be elected by the qualified electors thereof, in each ward, two school inspectors, one for the term of one year and one for the term of two years, and thereafter there shall be elected annually, in each ward, one school inspector for the term of two years. There shall also be elected annually in each ward, by the qualified electors thereof, one constable, who shall give like security, perform all the duties, be vested with like powers, and be subject in all respects to the laws of the State, as provided in the case of constables in the townships of this State. There shall also be elected at the annual election held in said city, in the year eighteen hundred and sixty-nine, in each ward, by the qualified electors thereof, one supervisor, who shall hold office as follows: those elected for the even numbered wards, for one year, and those for the odd numbered wards for two

Proviso

relative to vacancies

years, and thereafter, upon the expiration of such terms, their successors shall be elected for two years, in each ward: Provided, That in case of vacancy the common council shall have power to fill such vacancy by appointment, such appointee to hold office until the next annual election, when such vacancy shall be filled by the electors of the ward in which such vacancy shall have Duties and occurred. Said supervisors shall be entitled to the same compensation, and shall be paid in the same manner, and perform all the duties of supervisors of townships, as provided by law, in their several wards, except such duties as are by this act devolved upon the assessor, or other officers of said city, and the supervisors shall, in addition to the foregoing compensation, receive three dollars per day for every day actually engaged in the duties of their office, to be paid by the city.

compensa

tion of

supervisors.

Sections amended.

be appointed

duties of

same.

Sec. 2. That sections five, eleven, and fifteen, of title four of said act, shall be amended so as to read as follows:

Controller to Sec. 5. There shall be appointed by the common council, by council. at their first meeting in the month of March, eighteen hundred and sixty-five, and at their third regular meeting in the month of April, every three years thereafter, or as soon thereafter as may be, one controller, who shall hold his office for the term Powers and of three years. It shall be the duty of the controller to keep the financial accounts of said corporations, to countersign all bonds, orders upon the treasurer, licenses, burial permits, cemetery deeds, and all evidence of debt and transfer of property which the common council or corporation are authorized to issue or make, pledging the faith of said city; to receive all accounts and demands against the said corporation, examine them in detail, audit or allow them, or such parts thereof as to the correctness of which he has no doubt, and which the claimant is willing to accept in full discharge thereof; file and number them as vouchers, with the date of their allowance and the funds out of which payable; and when so audited, settled, filed, dated, and numbered, to report the same to the common council; and when payment shall be duly

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