served on president.

and be defended in any court; but when any suit shall be commenced against the corporation the same shall be commenced by summons, an attested copy of which shall be served upon the Summons to be president of the village at least six days before the return thereof: Provided, That in case such summons cannot be served on the Proviso. president for any reason it may be served on any one of the trustees.

elected.

SEC. 7. The person receiving the greatest number of votes for who deemed any office in said village shall be deemed and declared duly elected, and if any officer shall not have been chosen by reason of two or more candidates having received an equal number of votes, the village board shall, by ballot, elect such officer from the two candidates having the highest number of votes.

how filled.

SEC. 8. Any vacancy in any of the elective offices, whether by Vacancies, death, removal from office, resignation, or otherwise, shall be filled until the next succeeding election by appointment to be made by the president and trustees.

delivered to successor.

SEC. 9. Whenever any officer shall resign or be removed from Property to be office, or the term for which he shall have been elected or appointed shall have expired, he shall on demand deliver over to his successor in office all the books, papers, moneys and effects in his custody as such officer and in any way appertaining to his office, and every person violating this provision shall be deemed guilty of a misdemeanor and may be proceeded against in the violation a same manner and with like effect as public officers generally for misdemeanor. the like offense under the general laws of this State now or hereafter in force and applicable thereto, and every officer appointed or elected under this act shall be deemed a public officer within the meaning and provisions of such general laws of this State. SEC. 10. If during his term of office any officer of said village When office shall cease to be a resident thereof, or if any such officer shall be a defaulter to said village, his office may be declared vacant by the village board.

SEC. 11. If any person elected or appointed to office in said village shall fail to take and file the oath of office as required by law, or [shall] fail to give the bond or security required within the time limited therefor, the village board may declare the office vacant unless previously thereto he shall file the oath and give the bonds and security required.

declared vacant

Idem.

of electors.

SEC. 12. The inhabitants of said village having the qualifica- Qualification tions of electors under the constitution of the State, and whose names are duly entered upon the registration or poll list of said corporation kept for such purpose, and no others, shall be qualified electors of said village and entitled to vote therein: Provided, That in case any elector whose name is not entered Proviso. upon such registration list, upon a sufficient showing to the satisfaction of the inspectors of election that such person was necessarily absent from said village, or unable from any cause to secure such registration at the time of the last session of the board of registration for said village, such elector desiring to vote at such election shall then and there be entitled to registration, and to

Eligibility to office.

Board of registration.

Sessions of.

Notice of meeting.

Official bonds.

Appointed officers and terms of.

Bonds, etc.

Duties of president.

record his vote in accordance therewith and under the same provisions of laws of this State governing township elections.

SEC. 13. No person shall be eligible to any office in this corporation unless he shall have resided therein at least three months next preceding his election, and shall be entitled to a vote therein.

SEC. 14. The president, village clerk, and one trustee, to be appointed each year by the village board, shall be the village board of registration. On the Saturday next preceding the day of holding any annual or special election, and on any other days that the village board may appoint, the board shall be in session for the purpose of completing the registration of the electors of the village; notice of the time and place of such meeting shall be given with the notice of said election.

SEC. 15. It shall be the duty of the village treasurer, marshal and clerk on filing the acceptance of their office, and before entering upon the duties thereof, to make and file with the village clerk a bond for the faithful performance of their respective duties, in such an amount and with such sureties as the board may direct, which bond shall be approved by said board.

CHAPTER III.

APPOINTED OFFICERS.

SECTION 1. All officers appointed by the president and trustees shall hold their respective offices for one year or until their successors are elected or appointed and qualified, and the president and trustees may require of any of them security by bond for the performance of the duties of their respective offices as shall be thought expedient, which bond shall run to the president and trustees of the village of Howard City and their successors in office, and suit may be brought for a breach of said bond in the name of the president and trustees of said village as in other cases before any justice of the peace of the township of Reynolds or in the circuit court of the county of Montcalm, according to the amount claimed, which courts are hereby authorized to hear, try and determine the same.

CHAPTER IV.

DUTIES OF OFFICERS.

SECTION 1. The president shall be the chief executive officer of the village; he shall preside at the meetings of the board and shall, from time to time, give the board information concerning the affairs of the corporation and recommend such measures as he may deem expedient; it shall be his duty to exercise supervision over the affairs of the village and over the public property belonging thereto and see that the laws relating to the village and the ordinances and regulations of the council are enforced.

SEC. 2. It shall be the duty of each trustee in said village to

trustees.

attend the regular and special meetings of the village board, to Duties of act upon committees when thereupon appointed by the president or village board, to order the arrest of all persons violating ordinances, by-laws or police regulations of the village, to report to the president all subordinate officers who are guilty of any official misconduct or neglect of duty, to maintain peace and good order and to perform all duties required by this act.

SEC. 3. The village clerk shall be the general accountant of Dutles of clerk. the village, and all claims against the corporation shall be filed with him for adjustment. After examination thereof he shall report the same, with all accompanying vouchers and counterclaims of the village and the true balance found by them to the board for allowance, and when allowed shall draw his warrant upon the treasurer for the payment thereof, designating therein the fund from which payment is to be made, and take proper receipts therefor. When any tax or money shall be levied, raised or appropriated the clerk shall report the amount thereof to the village treasurer, stating the object and funds for which it is levied, raised or appropriated, and the amounts thereof to be credited to each fund. The village clerk shall exercise a general supervision over all officers charged in any manner with the receipts, collection and disbursement of the village revenues, and over all the property and assets of the village; he shall have charge of all books, vouchers and documents relating to the accounts, contracts, debts and revenues of the corporation; he shall countersign and register all bonds issued and keep a list of all property and effects belonging to the village, and of all its debts and liabilities. He shall keep a complete set of books exhibiting the financial condition of the corporation in all its departments, funds, resources and liabilities, with a proper classification thereof, and showing the purpose for which each fund was raised; he shall record all official bonds of the village in a book prepared for the purpose, and such record or a certified copy of the same shall be prima facie evidence of such bond and filing in all courts and places; he shall also keep an account with the treasurer in which he shall charge him with all moneys received for each of the several funds of the village, and credit him with all warrants drawn thereon, keeping an account with each fund. The clerk shall report to the council, whenever required, a detailed statement of the receipts, expenditures and financial condition of the village, of the debts to be paid and moneys required to meet the estimated expenses of the corporation, and shall perform such other duties pertaining to his office as the council may require. In case of the absence of the clerk for any cause the village board Clerk pro tem, may appoint one of their number to perform the duties for the time being.

treasurer.

SEC. 4. It shall be the duty of the treasurer, in addition to Duties of those herein mentioned, to have the custody of all the moneys and evidences of value belonging to the village. He shall receive all moneys belonging to and receivable by the corporation and keep an accurate account of all receipts and expenditures thereof;

Deputy treasurer.

Duties of marshal.

he shall pay no moneys out of the treasury, except in pursuance of and by authority of law and upon a warrant signed by the clerk and countersigned by the president, which shall specify the purpose for which the amount is to be paid. He shall keep an accurate account of and be charged with moneys received for the corporation; he shall exhibit to the council annually and as often and for such periods as may be required a full and detailed account of all receipts and expenditures since the date of his last annual report, classifying them by the fund to which such receipts are credited and out of which such expenditures are made, and shall also when required exhibit a general statement showing the financial condition of the treasury, which account, report and statement shall be filed in the office of the clerk. The treasurer may appoint a deputy for whose official duties he shall be responsible.

SEC. 5. The marshal, in addition to duties hereinafter mentioned, shall have the general supervision of the village and see that the laws are enforced and by virtue of his office shall be constable and chief of police, with the power of constables belonging to any township, having power to enter into any disorderly or gaming house, or dwelling, or any other building where he has reason to believe any felon is secreted or harbored, and where he has reason to believe any person who has committed a breach of the peace is secreted, or where he may suppose any felony or breach of the peace is being committed; to arrest disorderly persons or felons and those engaged in unlawful assemblages and take them before any court or judicial officer having competent jurisdiction, who shall hear, try and determine the same according to law, and to compel the citizens to aid in extinguishing fires; to appoint deputies with powers similar with his own: Provided, That nothing in this act shall be construed into authorizing his serving processes issued by justices of the peace in civil cases; he shall at all times be subject to the supervision and control of the president and trustees in the discharge of his official duties and may be removed from office by a majority vote of the whole number for any refusal or neglect to comply with their orders or directions, or any grave neglect in the discharge of his official duties, but the cause of such removal shall in all Vacancies to be cases be made a matter of record by them, and in case of vacancy, whether by death, removal from office, resignation or otherwise, shall be filled for the unexpired term by appointment to be made. by the president and trustees.

Deputies.
Proviso.

May be removed, etc.

alled.

Powers and duties of the

village board.

CHAPTER V.

GENERAL POWERS AND DUTIES OF THE VILLAGE BOARD.

SECTION 1. The president and trustees shall have power to ordain and establish by-laws, ordinances, rules and regulations, and to alter or repeal the same at pleasure for the following pur-poses:

appointments.

SEC. 2. For the appointment of such other officers, whose Relative to election is not herein provided for, for said village as they may deem necessary, and to prescribe their duties and fix the compensation for their services.

officers.

SEC. 3. To see that the village officers perform their duty Dutles of faithfully, and to remove for official misconduct or neglect of official duty officers appointed by them, first giving one week's notice in writing to the officer charged with such misconduct or negligence specifying the charge or charges and appointing a time and place for a hearing thereon.

SEC. 4. Shall have the management and control of the Property of. finances, rights, interests and belongings and all property real and personal belonging to said village, and may by vote of a majority of the trustees elect, or in case of a tie, by a vote of one-half of the trustees elect and the casting vote of the president added thereto, dispose of any such property, and make such rules, regulations and by-laws relating to the same as they shall deem proper and necessary;

SEC. 5. To prevent vice and immorality, to preserve peace Police regulaand good order, to organize, maintain and regulate all police of tions. the village, and to prevent and quell riots, disturbances and disorderly assemblies.

SEC. 6. To appoint and prescribe the powers and duties of Watchman. watchmen and fines and penalties for their delinquencies.

SEC. 7. To restrain, apprehend and punish vagrants, mendi- Vagrants, cants, street beggars, drunkards, and all disorderly persons; to drunkards, etc. punish persons guilty of lewd and lascivious behavior, or for profane or blasphemous language, or for being intoxicated in or upon the streets or public places in said village.

SEC. 8. To prohibit, restrain or prevent persons from gaming Gaming. for money with cards, dice, billiards, nine or ten pin alleys, ball alleys, wheels of fortune, boxes or other instruments or device whatever, in any store, shop, or any other place in said village; to punish the person keeping the building, instruments or means for such gaming, and to compel the destruction of the same.

SEC. 9. Shall have exclusive power to license such persons as Licenses. tavern keepers, saloon keepers, and common victualers as they shall think best, but no license shall be granted for a period exceeding one year; to prevent the selling or giving away spirituous or fermented liquors to drunkards, minors or apprentices.

SEC. 10. To prevent, prohibit, abate, suppress or remove Nuisances. nuisances of every kind and to compel the owner or occupant of any grocery, tallow chandler shop, butcher's stall, slaughterhouse, glue, starch or soap factory, tannery, stable or privy, hogpen, sewer or any other offensive or unwholesome house or place, to cleanse, remove or abate the same from time to time, as often as they may deem necessary for the health, comfort and convenience or safety of the inhabitants of said village, and to punish those occasioning them or neglecting or refusing to abate, discontinue or remove the same.

SEC. 11. Whenever in the opinion of the village board any