Boundaries. First annual election. olorks of. [No. 209. ] AN ACT to incorporate the village of Homer. SECTION 1. The People of the State of Michigan enact, That so much of the township of Homer, in the county of Calhoun, and State of Michigan, as is included in the following territory, to wit: The southwest quarter of section five, the southeast quarter of section six, the northeast quarter of section seven, the northwest quarter of section eight, and the north half of the north half of the southwest quarter of said section eight, in the county and State aforesaid, be and the same is hereby constituted a village corporate, by the name of the village of Homer. Sec. 2. The male inhabitants of said village having the qualifications of electors under the constitution of the State, shall meet at the Homer Hotel, in said village, on the second Tuesday of April next, at nine o'clock in the forenoon, at which time and place there shall be chosen viva voce, by the qualified electors there present, from among their number, two Judges and judges and one clerk of said election, who together shall constitute the board of inspectors thereof, each of whom shall, before entering upon the duties of his office, take an oath before some person authorized to administer oaths, that he will faithfully and impartially discharge the duties thereof, and the said board shall conduct the said election as provided Officers to be in section four of this act, at which election the following officers of the corporation shall be elected by a plurality of votes by ballot, from among the qualified electors of said village, namely: one person to be president of said village, and three persons shall in like manner be elected trustees for one year, and three for two years; and annually thereafter, on the first Tuesday of March, a president shall be elected as aforesaid, who shall hold his office for one year, and three trustees shall be elected who shall hold their offices for two years; but not to dis- if an election of president and trustees shall not be made on the day, the said corporation shall not for that cause be dis chosen. Failure to hold election solve cor poration. board. solved, and it shall be lawful to hold such election at any time thereafter, public notice being given as prescribed by this act for the holding of the regular election. The president and Village trustees thus elected shall constitute a village board, and a majority of the board shall constitute a quorum for the transaction of business, and a less number may adjourn from time to time. The president shall also be the chief executive officer President. of the village; he shall preside at the meetings of the board, and it shall be his duty to see that all the officers of said village faithfully discharge their duties; and in case of his absence or inability to serve, the trustees shall have power to elect from their own number a president pro tem., who shall have all the powers and perform all the duties of president. of officers. Officers appointed by Sec. 3. The president and every other officer elected or Qualification appointed under the provisions of this act, before he enters upon the duties of his office, shall take and subscribe an oath or affirmation, which may be administered by the president, any trustee, or any other person authorized to administer oaths, to support the constitution of the United States and of this State, and that he will faithfully discharge the duties of his office according to the best of his ability, a record of which oath shall be made and kept by the recorder; and it shall be the duty of the president and trustees, on their being duly board. qualified, to appoint a village recorder, who shall attend all meetings of the board, keep a fair and accurate record of their proceedings, and perform such other duties as shall be assigned him by the by-laws and ordinances of the village. They shall also appoint one assessor, a treasurer, and a marshal, and may appoint an attorney and one or more street commissioners, and such other officers for said village as they may deem necessary for the maintenance and preservation of the peace, order, public property, and buildings of said village. Said officers so appointed shall hold their offices for one year, Term of unless sooner removed by the common council. office. Notice of election. Time of Sec. 4. It shall be the duty of the recorder to give at least five days' notice of the time and place of holding an election, either by posting written or printed notices in three of the most public places in said village, or by causing the same to be published in some paper published in the village; and at all the elections the polls shall be opened at nine o'clock in opening and closing polls. the forenoon, or as soon thereafter as may be, and closed at four o'clock in the afternoon; and at the close of the polls the ballots shall be counted, and a true statement thereof proclaimed to the electors present, and the recorder shall make a true record thereof, and within five days give notice to the persons elected, who shall enter upon their duties the ensuing Monday. Judges and clerk of elections. Compensa tion. Body corporate and politic. Sec. 5. The president, one trustee to be designated by the common council, and the recorder, shall be judges of the election, and the recorder of the village or his substitute shall be clerk of the election; and the judges and clerk shall take an oath, to be administered by either of the others, to faithfully and honestly discharge their duties as judges or clerk of election, and said board shall have power to preserve the purity of the election, as is now or may be hereafter given to township boards of election, and shall be entitled to receive one dollar and fifty cents per day as such judges of election. Sec. 6. The president and trustees of said village shall be a body corporate and politic, with perpetual succession, to be known and distinguished by the name and title of "The common council of the village of Homer," and by that name they and their successors shall be known in law, and shall be and are hereby made capable of suing and being sued, of impleading and being impleaded, of answering and being answered unto, and of defending and being defended, in all courts of record, and any other place whatsoever; and may have a common seal, and may alter and change the same at their pleasure, and by the same name shall be and are hereby made capable of purchasing, holding, conveying, and disposing of any real or personal estate for the use of the said corporation. authorized to by-laws for ment of the village. Sec. 7. The common council shall have power to ordain and Council establish by-laws, rules, and regulations, and to alter and establish repeal the same at pleasure, for the following purposes, viz: the gover For prescribing the duties of all the officers of said village; for the maintenance and preservation of the public places, property, and buildings of said village; to regulate the police thereof; to preserve the public peace; to prevent riots, disturbances, and disorderly assemblages; to appoint watchmen and policemen, and organize a fire department and define their duties, and prescribe penalties for their delinquencies; to restrain, apprehend, and punish vagrants, mendicants, drunkards, and all disorderly persons; to punish lewd and lascivious behavior in the streets or other public places; to restrain or suppress disorderly and gaming houses, billiard tables, and other devices and instruments of gaming; and shall have the exclusive power and authority to license such persons as tavern-keepers and common victualers as they shall think best, but no license shall be in force except for one year, nor shall authorize the sale of spirituous or intoxicating liquors; to prevent and suppress the selling or giving away of spirituous or intoxicating liquors as a beverage; to prevent and punish immoderate riding or driving in the streets; to decide what shall be considered nuisances, and to abate, prevent, and remove the same; to suppress all disorderly houses and houses of ill-fame, and to punish the keepers and inmates thereof; to prevent the violation of the Sabbath, and to require all saloons, drinking houses, shops, and other places of business, to be closed on the Sabbath day and at reasonable hours of the night on week days; to punish profane swearing; to prevent all incumbrances, encroachments, and obstructions upon the streets, walks, lanes, alleys, parks, and public grounds, and compel the removal of the same; to compel the owners or occupants of lots to clear sidewalks in front of and adjacent thereto, Council authorized to of snow, ice, dirt, mud, boxes, and every incumbrance or obstruction thereto; to regulate the storage of powder, lumber, or ment of the other combustible material; to prevent the use of fire-arms, village. slung-shots, and other weapons and fireworks; to construct and regulate markets; to regulate the vending of poultry, meat, vegetables, fruit, and fish; to regulate the sale of hay, wood, lime, lumber, and coal; to regulate the gauging of vessels containing liquor, the sealing of weights and measures; to regulate and maintain pounds, and to provide for the restraint of horses, cattle, sheep, swine, mules, and other animals, geese and other poultry; 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; to regulate and license cartmen, porters, hacks, and cabs, to regulate their rates of compensation; to prevent runners from soliciting travelers; to construct hydraulic works to supply the village with water; to light the streets; to borrow money for public improvements, not exceeding two thousand dollars in any one year; to establish wells and cisterns, and to prevent the waste of water; to prevent bathing in public streams or ponds; to purchase grounds for, improve and regulate cemeteries and the burial of the dead, and to provide for the return of the bills of mortality, and to order the use, for burial purposes, of any burial ground or cemetery to be discontinued whenever they may deem the same necessary for the best interest or health of the citizens; to ascertain, establish, and settle the boundaries of all streets and alleys, and to establish grades therefor; also, to order and cause to be drained or filled up such places as they may deem necessary, and to assess the cost and expense on the premises benefited; to regulate the building of partition and other fences; to establish lines upon which buildings may be erected, and beyond which such buildings shall not extend; to prevent the erection of buildings in an unsafe manner, and to pass all necessary regulations relative to buildings deemed unsafe; to rent or build a town |