Citizens competent as jurors,

etc., in city suits.

This act not

to invalidate legal acts.

Defaulters

not eligible to office.

Meeting of electors to

of bonds.

of the common council, printed or published by their authority, shall in all courts, places, and proceedings be received without further proof as prima facie evidence thereof, and of their legal enactment and publication.

Sec. 81. No person shall be an incompetent judge, justice of the peace, or other officer, witness, or juror, by reason of his being an inhabitant or freeholder in the city of Alpena, in any prosecution or proceedings in the recorder's or police justice's court in any action or proceeding in which the corporation shall be a party in interest, or in any judicial or other proceeding.

Sec. 82. This act shall not invalidate any legal act done by the common council, or any officer of said city now or hereafter in office.

Sec. 83. No person shall be elected or appointed to any office created by this act, who is now or may hereafter be a defaulter to said city or to any board of officers thereof, or to the State of Michigan, or any county or township thereof; and any person shall be considered a defaulter who has refused or neglected, or may hereafter refuse or neglect, for thirty days after demand made, to account for and pay over to the party authorized to receive the same, any public money or papers pertaining to his office which may have come into his possession. If any person holding any such office shall become a defaulter while in office, the same shall thereby be vacated.

Sec. 84. Whenever the common council shall deem it necesvote on issue sary to issue the bonds of the city for any purpose, they shall call a meeting of the property-holding tax-payers of the city, being electors thereof, by posting notices in five of the most conspicuous places of said city at least eight days previous to the time of said meeting, giving notice of the time and place of such meeting, also specify the amount, of not exceeding five thousand dollars, and the object for which it is proposed to issue said bonds. The mayor, or in his absence the recorder, shall preside at such meeting; and the electors present shall choose viva voce from among their number

Mayor to preside.

the inspectors and clerk of said election, who shall, before Inspectors. proceeding to the discharge of their duties, make an oath or affirmation faithfully to discharge the duties of their respective offices at such election, which oath or affirmation may be administered by any person authorized to administer oaths. Said election shall be conducted in the same Manner of conducting manner, and the canvass of votes as near as may be, as other meeting. elections under this act. At the close of such election, the Inspectors inspectors shall make two certificates of the number of votes result. given for and against such issue of bonds, one of which shall be forthwith deposited with the recorder of said city and the other filed in the office of the county clerk for the county of Alpena Provided, That not more than two such meetings Proviso. shall be called in any one year, and the bonded debt of said city shall not at any one time exceed ten thousand dollars.

to certify

provide for

payment of

bonds by taxation.

Sec. 85. Whenever the common council shall be authorized Council to by a vote of the tax-payers, as aforesaid, they may issue the bonds of said city for the amount as aforesaid, and provide for the payment of the principal and interest thereon; and, for this purpose, shall annually levy, assess, and collect on the assessed valuation of all the real and personal estate in said city made taxable by the laws of this State, taxes for this purpose not to exceed in amount a sufficient sum to pay the interest accrued or to accrue on said bonds for the year for which said taxes are levied, and the principal as it shall become due.

clerk to fur

voters to in

first elec

Sec. 86. The township clerk of the township of Alpena Township shall, at least five days prior to the election to be held on the nish list of first Monday in April, in the year eighteen hundred and seven- spectors of ty-one, furnish the inspectors of each ward a list duly verified tion, etc. by him, of all the voters registered in said township residing within the limits of the city hereby incorporated; and said inspectors shall, from such list so furnished, and from actual canvass, make a list of the qualified electors in each ward, and enter their names and residences in a book to be furnished for that purpose; and such book shall be the register of electors

Completion

of registra

tion.

Places of holding first

same.

for such ward, and immediately after the election shall be deposited with the recorder of the city.

Sec. 87. The chairman of the board of inspectors of each ward shall, on Saturday preceding said election, meet at the office of the township clerk of said township of Alpena, for the purpose of completing the list of qualified voters for each. ward, at which session it shall be the right of any person who will be an elector at such election, and whose name is not already registered, to have his name entered in the register for the ward in which he resides.

Sec. 88. The annual election to be held in the first ward in election, and the year eighteen hundred and seventy-one shall be held in inspectors of the building owned by Alexander McDonald, on Second street, and the inspectors of said election in said ward shall be Alexander McDonald, Abram Hopper, and Seth L. Carpenter; and the annual election to be held in the second ward in the year eighteen hundred and seventy-one shall be held at the office of J. K. Lockwood & Co., situated on River street, and the inspectors of said election in said ward shall be Henry S. Seage, James J. Potter, and Ira Stout; and the annual election to be held in the year eighteen hundred and seventy-one in the third ward shall be held at the office of Obid Smith, situated on Fletcher street, in said ward, and the inspectors of said election in said ward shall be Obid Smith, Gordon H. Davis, and Mead S. Macartney.

Township clerk to de

mortgages

Sec. 89. The present township clerk shall, when his succesliver chattel sor shall be elected and qualified, deliver to him all books, to recorder. papers, and furniture of his office except the chattel mortgages upon the property within the limits of said city. Said mortgages shall be delivered to the recorder of said city, with whom all mortgages upon property in said city shall be hereafter filed.

Vacancy in judicial

office to be filled by special

election.

Sec. 90. Whenever a vacancy shall occur in any judicial office, the common council may order a special election to fill such vacancy, and shall give not less than ten days' notice of the time of such election. Such notice shall be written or

printed, and shall be posted in at least three public places in each ward. The manner of conducting such election shall be in all respects the same as is herein provided for general elections. Any such vacancy may be filled at the annual election, and that any candidate intended to fill such vacancy shall be designated on the ballot.

service of

against city.

Sec. 91. All process issued against said city shall run against Form and said city in the corporate name thereof, and such process shall process be served by leaving a true and attested copy of such process with the mayor or recorder at least ten days before the day of appearance mentioned therein.

public act.

Sec. 92. This act shall be deemed a public act, and be favor- This act a ably construed, and the Legislature may at any time modify or alter the same.

Sec. 93. This act shall take immediate effect.

Approved March 29, 1871.

[ No. 250. ]

AN ACT to incorporate the city of Charlotte.

SECTION 1. The People of the State of Michigan enact, That Boundaries so much of the townships of Carmel and Eaton, in the county of Eaton, and State of Michigan, as is included in the following description, to wit: the south half and the northeast quarter of section twelve, entire section thirteen, and the north half and the southeast quarter of section twenty-four, all in town two north, of range five west; and entire section seven, except the southeast quarter of the southeast quarter, the west three-quarters of section eighteen, and the west half of section nineteen, all in town two north, of range four west, be and the same is hereby organized and incorporated into a city, by the name of the city of Charlotte.

rights.

Sec. 2. The inhabitants of said city shall be a body corpo- corporate rate, and shall be known in law by the name of the city of" Charlotte, and shall be capable of suing and being sued, of pleading and of being impleaded, of answering and being

Seal.

First ward.

answered unto, and of defending and being defended in all courts of law and equity, and in all places whatever; may have and use a common seal, and alter it at pleasure; and shall be capable of purchasing, holding, and disposing of real and personal estate for the use of said corporation.

Sec. 3. The said city shall be divided into four wards. The first ward shall include all that portion of the city lying on section seven, and that portion of section eighteen lying north of Lawrence avenue and the Battle Creek and Lansing State Second ward road, in town two north, of range four west; the second ward shall include all that portion of the city lying on section twelve and that portion of section thirteen lying north of Lawrence avenue and the highway extending westerly and northwesterly from said avenue, in town two north, of range Third ward. five west; the third ward shall include all that portion of the city on section thirteen lying south of Lawrence avenue and the highway extending westerly and northwesterly from said avenue, and that portion lying on section twenty-four, in Fourth ward town two north, of range five west; and the fourth ward shall include all that portion of the city lying on section eighteen, except that portion lying north of Lawrence avenue and the Battle Creek and Lansing State road, and shall also include that portion lying on section nineteen, in town two north, of range four west.

Officers.

Term of office.

Sec. 4. The officers of said city shall be one mayor, one recorder, who shall be ex-officio school inspector and city clerk, one supervisor, who shall be ex-officio assessor, one treasurer, who shall be ex-officio collector, one city attorney, one marshal, one street commissioner, two school inspectors, four justices of the peace, two aldermen for each ward, and one constable in each ward. The mayor, aldermen, recorder, treasurer, and supervisor shall be elected for one year, and shall hold their offices until their successors are elected and qualified; the marshal, street commissioner, and city attorney shall be appointed by the common council, and shall hold their offices for one year and until their successors are appointed