ARTICLE XXV.

row money to

of amount.

SECTION 1. The board of trustees may borrow such sums of Board may bormoney as they may deem necessary for the purchasing for the use purchase fire of said village a suitable fire engine, and material and implements engine, etc. necessary to be used therewith in extinguishing fires, and may issue the bonds of the village therefor: Provided, That said board of Proviso-limit trustees shall not borrow to exceed three thousand dollars for such purpose, unless authorized to borrow a greater amount by a majority vote of the qualified electors of said village: And provided further, Further proviso. That no greater sum than five hundred dollars of the principal thereof shall, in any case, be made to become due in any one year. SEC. 2. This act shall take immediate effect. Approved March 31, 1875.

[No. 297.]

AN ACT to amend section twenty-two of an act entitled "An act to create a board of water and fire commissioners in the village of Marquette," being act number two hundred and forty-three of the session laws of eighteen hundred and sixty-nine, approved March second, eighteen hundred and sixty-nine.

SECTION 1. The People of the State of Michigan enact, That Section amended section twenty-two of an act entitled "An act to create a board of water and fire commissioners in the village of Marquette," approved March second, eighteen hundred and sixty-nine, be amended so as to read as follows:

missioners, con

SEC. 22. It shall be the duty of said commissioners to make re- Reports of comport to the common council of said city on or before the first tents of. day of February of each year, which report shall embrace a statement of the condition and operation of the works, a statement of the funds and securities of said board, and all debts due and owing to and from said board, together with an accurate account of their expenses; also a list of fires, alarms, losses, and insurance on all property destroyed during the year, which statement shall be certified by said commissioners, and shall be entered of record by the recorder of said village, and published in such manner as said common council shall direct.

Approved April 1, 1875.

[No. 298. ]

AN ACT to revise and amend the charter of the city of Muskegon, being amendatory of an act entitled "An act to revise and amend an act entitled 'An act to incorporate the city of Muskegon,' approved March twenty-nine, eighteen hundred and seventy-one. SECTION 1. The People of the State of Michigan enact, That Boundaries. all the following tract and parcel of land, situate in the county of Muskegon and State of Michigan, described as follows, to wit: com

Body corporate and politic.

First ward.

Second ward.

mencing at the center of Muskegon Lake or river, in township ten north, of range sixteen west, where the section line between sections sixteen and seventeen crosses said lake or river; running thence south on the section line to the southeast corner of section twenty-nine, in said township; thence west on the section line to Muskegon Lake; thence north to the center of said lake; thence along the center of said lake to the middle of the bridge across said lake; thence east to the place of beginning, including all land in said boundaries, and the portion of said lake or river included therein, be and the same is hereby set off from the township of Muskegon and declared to be a city, by the name of "The city of Muskegon," by which name it shall hereafter be known.

SEC. 2. The free men of the said city from time to time being inhabitants thereof shall be and continue a body corporate and politic, to be known and distinguished by the name and style of "The city of Muskegon," and shall be and are hereby made capable of suing and being sued, of pleading and being impleaded, of answering and being answered unto, and of defending and being defended, in all courts of law and equity, and in all other places whatsoever; and shall have a common seal, which they may alter and change at pleasure, and by the same name shall be and are hereby made capable of purchasing and holding, conveying and disposing of any real or personal estate for said city.

SEC. 3. The said city shall be divided into four wards, as follows: The first ward shall embrace all that portion of said city lying north and east of the following division line, to-wit: commencing at the south quarter post of section twenty-nine, in township number ten north, of range number sixteen west; thence north on the quarter line to the center of said section twenty-nine; thence west on the quarter line to the intersection of Pine street; thence along the center of Pine street to the center of Western avenue; thence along the center of Western avenue to the center of Ryerson creek; thence along the center and in the direction of said creek to the center of Muskegon lake. The second ward shall embrace all that portion of said city lying south and west of the division line above described, and north and east of the following division line, to wit: commencing at the southwest corner of section twenty-nine in said township, running thence north along the section line dividing sections twenty-nine and thirty to the center of Third street; thence north westerly along the center of said street to the center of Prince street; thence along the center of Prince street to the center of Muskegon avenue; thence southwesterly along the center of said avenue to the center of Second street; thence along the center of Second street to the northerly line of Morris street; thence easterly along said line of said street to the easterly line of block three hundred and twenty two, as delineated on a map of said city made by Thomas Smalley in the year eighteen hundred and seventy-four; thence north westerly along the easterly side of said block three hundred and twenty-two to the northeasterly corner of said block; thence southwesterly to the line between

block three hundred and twenty-one and three hundred and twenty-three; thence northwesterly on said line to the center of Muskegon lake. The third ward shall embrace all that por- Third ward. tion of said city lying south and west of the division line last described, and north and east of the following division line to wit: commencing at the south quarter post of section thirty in said township; thence north along the quarter line to the center of Seventh street; thence along the center of Seventh street to the south line of Western avenue; thence northeasterly along the north line of Western avenue to the line dividing blocks three hundred and twenty-eight and three hundred and twentynine; thence northwesterly along said line to the center of Muskegon Lake. The fourth ward shall embrace all that portion of said Fourth ward. city lying south and west of the division line last aforesaid.

ELECTIONS.

Notice thereof

Notice of.

ducted same as

cate of votes

given.

SEC. 4. The annual elections, under this act, shall be held on Annual elections the first Monday in April in each year, at such places in the several wards as the common council may designate. shall be given by the recorder, at least ten days before the election, by posting the same in three public places in each ward. The al- Inspectors of. dermen of each ward shall be inspectors of such election, and of the State and county elections, and shall choose the clerks thereof, and in case of the absence of one or more of such inspectors, the Vacancies. electors may choose viva voce from their number one or more to fill such vacancy or vacancies, to whom shall be administered the constitutional oath by either of said inspectors, or by any justice of the peace. The manner of conducting all elections and canvass- Elections coning votes, and qualification of electors in the several wards, township elecshall be the same as that of townships, the word "ward" instead tions. of "township" being used in the oath to be administered to an elector in case his vote be challenged: Provided, That, at such Proviso-certificharter election the said ward inspectors shall make one certificate of the number of votes given for each person, for the several offices to be filled in and for the said city, and also one certificate of the officers elected in and for each ward, which certificate shall be immediately filed in the office of the recorder of said city; and upon the Thursday next following the day of such election the Determinations common council shall meet at the office of said recorder, and there- of elections. upon determine who by the greatest number of votes given in the several wards at such election are duly elected to fill their respective offices, and it shall be the duty of said recorder, immediately Notice to perafter such determination, to cause notice to be given to each of the persons so elected of their election, and each of said officers so Oath of office. elected and notified shall, within ten days after such election, but not afterwards, take and subscribe the constitutional oath of office, before any person authorized to administer oaths, and shall deliver the same to said recorder, who shall file the same in his office: Pro- Proviso. vided, That in case [of] the election of one or more justices of the peace, the said recorder shall make a certificate thereof and cause it to be delivered to the county clerk of the proper county, in the same manner as is required of township clerks, and in case two or

sons elected.

Tie.

Form of ballots.

Qualification of electors, canvass, etc.

Special elections.

City and ward officers,

more persons shall receive for the same office an equal number and not a plurality of votes given at such election, the common council shall immediately proceed to determine by lot between the persons receiving the highest number of votes, who shall be considered elected to such office.

SEC. 5. The ballot to be used in the election provided for in this act shall, in addition to the requirements of law in relation to ballots used at township elections, and not inconsistent with the provisions of this act, also designate the name of the person or persons to be voted for for eity officers, and the name of the person or persons to be voted for for ward officers.

SEC. 6. The qualification of electors, the mode of conducting elections, the canvass and return of the result thereof, shall be the same as provided by law in relation to townships, except so far as the same are inconsistent with the provisions of this act.

SEC. 7. Whenever a special election is to be held, the common council shall cause to be delivered to the inspectors of election in the ward where any officer is to be chosen, a notice signed by the recorder, specifying the officer to be chosen, and the day and place at which such election will be held, and the proceedings at such election shall be the same as at the annual city election.

OFFICERS AND TERMS OF OFFICE.

SEC. 8. The officers of said city shall be one mayor, one treasurer, one recorder, who shall be ex officio school inspector, one superintendent of schools and one school inspector, two directors of the poor and four justices of the peace, who shall be designated "city officers;" also two aldermen, one supervisor, and one constable in each ward, who shall be designated "ward officers." Said officers Terms of office. shall be elected as follows, to wit: The mayor, treasurer, supervisors, superintendent of schools, school inspector, and constables shall be elected annually, and shall hold their offices one year, and until their successors shall be elected and qualified. The recorder, directors of the poor, and aldermen shall hold their respective offices for two years, and until their successors are elected and qualified. At each annual election there shall be elected one justice of the peace for the term of four years, and such a number of justices of the peace as may be necessary to fill the vacancies then existing. At each annual election there shall be elected in and for each of the several wards of said city, one supervisor, who shall hold his office for the term of one year, and until his successor shall be elected and qualified, and one alderman, who shall hold his office for the term of two years, and until his successor shall be elected and qualified: Provided, That no person elected to fill a vacancy shall hold any office provided for in this act for a longer time than during such unexpired term unless again elected: ProProviso--officers vided, That the officers elected or appointed in pursuance of the residue of term. act of which this act is amendatory, shall hold their respective offices until the expiration of their several terms, unless such offices shall otherwise become vacant, and the ward officers shall hold their respective offices until the expiration of their respective terms.

Proviso.

in office to hold

MAYOR AND RECORDER.

duties of mayor.

SEC. 9. The mayor shall be chief executive officer of the city of Powers and Muskegon, and conservator of its peace. It shall be his duty to see that the officers of said city faithfully comply with and discharge their official duties; to see that all laws pertaining to the municipal government of said city, and all ordinances and resolutions of the common council be faithfully observed and executed; and he shall have power, in his discretion, to report to the common council any violation thereof. He shall from time to time give to the common council such information and recommend such measures as he shall deem necessary and expedient.

SEC. 10. The mayor shall, by virtue of his office, be authorized May take acknowledgments, to take acknowledgment of deeds and other instruments in writ- etc." ing, to administer oaths and affirmations, and may affix to any official certificate the seal of the city.

meeting of coun

ties of recorder.

SEC. 11. The mayor, when present, shall preside at the meetings To preside at of the common council, and in his absence the recorder shall pre- cil side; but if both mayor and recorder be absent, then the common council shall appoint one of their number who shall preside. SEC. 12. The recorder shall be clerk of the common council, Powers and du. and shall give bonds for the faithful performance of his duties in such sums as the common council shall by ordinance direct; and shall keep a record of their proceedings, in proper books provided therefor; and shall open and keep books of account, and such other books of receipts and expenditures as the common council may direct, and in such form and manner as they may order. He shall perform for the city all such duties as township clerks are required by law to perform for the several townships.

in his absence.

SEC. 13. The recorder shall possess the same powers, and per- To act as mayor form and discharge the municipal duties of mayor, during the absence or inability, death, resignation, or removal of the mayor. SEC. 14. The recorder shall report to the common council the To report officers names of such officers as shall have neglected to give the bond or security required by the provisions of this act.

neglecting to give security.

Have charge of

SEC. 15. All official bonds of said city, except as herein otherwise provided, shall be deposited with the recorder of the city for official bonds. safe keeping; and it shall be his duty to deliver the same to his

successors in office.

DIRECTORS OF THE POOR.

SEC. 16. The directors of the poor of said city shall discharge Directors of the the duties of overseers of the poor therein, and as such shall have poor. the custody of all paupers residing therein, excepting county paupers; and shall also have the exclusive custody and disbursement of all moneys raised in said city for the support of paupers therein, except moneys raised for the support of county paupers. Before To give bonds. entering upon the discharge of their offices they shall give such bonds as the common council shall direct. The directors of the poor shall have the custody of the alms-house and all other property built or used by said city for the support of the paupers therein.

Have custody of alms-houses.