Being Act No. 249 of the Local Acts of Michigan of the year 1891, entitled "An Act to amend and revise the Charter of the City of Marquette, Marquette County", as amended by Acts No. 323 and 393 of the Local Acts of 1893; Act No. 409 of the Local Acts of 1895; and Act approved March 18, 1897.

SECTION 1.-The People of the State of Michigan enact, That an Act entitled "An Act to incorporate the City of Marquette," approved February twenty-seventh, one thousand eight hundred and seventy-one, and the Acts amendatory thereof, be revised and amended so as to read as follows:

CHAPTER I.

OF THE CORPORATION.

ate.

§ 1-SEC. 1. The corporation heretofore created and now Body corpor known as the City of Marquette. shall be and continue to be a body politic and corporate under the name and style of the City of Marquette, and by that name may sue and be sued both in courts of law and of equity, may have a common seal and alter the same at pleasure, may take, hold, purchase, have, convey and dispose of any real or personal estate for the use of the corporation, and in addition to such powers of a local legis- Subject to lative and administrative character as are conferred by this act, may exercise and enjoy such implied and incidental powers and rights as are possessed by municipal corporations in this State.

general law.

Am. 1893. Territory incorporated.

§ 2--SEC. 2. The territory embraced in and constituting said city shall be fractional section one, fractional section two, the southeast quarter of section eight, the southwest quarter, west half of southeast quarter, southeast quarter of the southeast quarter of section nine, the south half of the south half of section ten, fractional sections eleven, thirteen and fourteen, sections fifteen and twenty-two, the northeast quarter of the northeast quarter of section twenty-one, fractional sections twenty-three, twentyfour and twenty-six, sections twenty-seven, thirty-four, thirtyfive and fractional section thirty-six in town forty-eight north of range twenty-five west. [See Act No. 393 of 1893, below.]

[ACT NO. 393 OF THE LOCAL ACTS OF 1893.]

AN ACT to detach certain land from the City of Marquette in the County of Marquette, and attach the same to the Township of Marquette in the said County of Marquette.

SECTION 1. The People of the State of Michigan enact, That the west half of the northwest quarter of section eleven of township forty-eight north of range twenty-five west, be and the same is hereby detached from the City of Marquette in the County of Marquette, and the same is hereby attached to and made a part of the Township of Marquette in the said County of Marquette.

This Act is ordered to take immediate effect.
Approved May 23, 1893.

First ward.

CHAPTER II.

WARDS.

§ 3-SEC. 1. The said City shall be divided into eight wards, as follows: The first ward shall embrace all that portion of said city lying south of a line drawn from the shore of Lake Superior westwardly along the center of Fisher street to the Second ward. Western boundary of said city; the second ward shall embrace all that portion of said city lying between last mentioned line and a line drawn from said lake shore westwardly along the line of the Duluth, South Shore & Atlantic railroad, from said railroad company's merchandise pier to the center of fifth street, and thence southwardly along the center of said fifth street to Third ward. the center of Fisher street; the third ward shall embrace all that portion of said city lying north of said line of said railroad and east of the center of Front street from said railroad track Fourth ward. to the center of Hewitt avenue; the fourth ward shall embrace all that portion of said city lying between said railroad track and Ridge street and between Front street and Fifth street; the fifth ward shall embrace all that portion of said city lying between Ridge street on the north and Fisher street on the south, and extending westwardly from Fifth street to the western boundary of said city, including the northeast quarter of the northeast quarter of section twenty-one; the sixth ward' shall embrace all that portion of said city lying between Ridge street and Hewitt avenue, and west of Front street to the east line of

Fifth ward.

Sixth ward.

section twenty-one; the seventh ward shall embrace all that Seventh ward portion of said city lying north of Hewitt avenue and west of the following line, viz: Along Front street to Fair avenue, thence west on Fair avenue to the west eighth line of section fourteen, thence north on said eighth line to the boundary of

said city; the eighth ward shall embrace all that portion of said Eighth ward. city lying north of Hewitt avenue and east of the last described line.

CHAPTER III.

ELECTORS AND REGISTRATION.

§ 4-SEC. 1. The inhabitants of the city having the qualifica- Electors. tions of electors under the constitution of the State, and no others, shall be electors therein. [See note.]

§ 5-SEC. 5. Every elector shall vote in the ward where he shall have resided during the ten days next preceding the day of election. The residence of any elector, not being a householder, nor member of a householder's family, shall be deemed to be in the ward in which he regularly lodges. [See note.]

NOTE TO SEC. 4. WHO MAY VOTE. The elective franchise in Michigan is confined to male persons twenty-one years of age and over, except that by some special statutes, women citizens of full age are entitled to vote for school officers. [See section 206 a.] Such persons only can vote who come within one or the other of the following classes:

I. Citizens of the United States, whether native or naturalized. II. Persons of foreign birth who resided in the State on the 24th day of June, 1835.

III. Persons of foreign birth who resided in the State on the 1st day of January, 1850.

IV. Persons of foreign birth who resided in the State two years and six months prior to November 8, 1894, and declared their intention two years and six months before that day.

V. Civilized persons of Indian descent, born in the United States, and not members of any tribe.

A right of suffrage acquired under the 2d, 3d and 4th clauses above, does not confer the right upon sons.

But no person can vote who has not resided in the State six months, and in the ward twenty days preceding the election. Electors must also be registered, except for school elections.

CITIZENSHIP. Citizenship consists of:

I. Persons born in the United States, and subject to the jurisdiction thereof.

II. Persons born in a foreign country and lawfully naturalized. III. Women born in a foreign country and now the wife or widow of a citizen.

IV. Children born in a foreign country whose parents were citizens of the United States at the time.

V. Minor children of foreign birth, dwelling in the United States at the time of the naturalization of their parents, if coming to the country before the age of sixteen.

This defines citizenship generally, although it may be qualified by various circumstances.

NOTE TO SEC 5. RESIDENCE. There is no general statute in Michigan defining residence. The temporary residence of one's family elsewhere does not affect his domicile, and a person may acquire a residence and right to vote at a place other than where his family resides, if such be

Residence.

Who to constitute a board of registration.

General law

Proviso.

§ 6-SEC. 3. (As Amended 1893.) The aldermen of each ward shall constitute the board of registration therein. If by reason of a change of boundary of any ward, or the formation of a new ward, or any cause, there shall not be any or a sufficient number of aldermen representing such ward to constitute a board of registration of two persons, the common council shall supply the vacancy, or appoint a board of registration for the ward. The council shall, at the request of any alderman at any meeting prior to the day of registration, appoint some voter of the ward as a member of the board of registration in place of said alderman; and in case an alderman cannot serve, and no member in his place has been appointed by the council, he may designate a voter of said ward to fill his place, and if he fails to do so the other member of said board shall appoint some voter of the ward to act as a member of said board, such appointments to be in writing and filed with the recorder. Said appointees shall take the constitutional oath of office before entering upon their duties of registration. No person shall be refused registration except by decision of both members of the board concurring in rejecting the same.

§ 7-SEC. 4. (As Amended 1893.) Except as in this Act it is to govern reg- otherwise provided, the general law of the State shall govern as to all matters relating to the registration of electors: Provided, That it shall be necessary to give only three days' notice of registration and the place of holding the same, in all wards, and five days' notice of election at the present spring election to be held April third, one thousand eight hundred and ninety-three; but on all other elections thereafter the notice shall be as otherwise provided in the statute.

When wards

rearranged or changed boards of registration

give notice of meeting.

§ 8-SEC. 5. (As Amended 1893.) When changes shall be made in any ward or wards, or a new ward shall be formed in whole or in part from the territory of other wards, the boards of registo mee and tration of the respective wards affected by the change shall meet previous to the time prescribed by law for giving notice of their sessions preceding the next election, and the name of each registered elector known to have been transferred by such change from one ward to another or to the new ward shall be copied into the register of the ward to which the elector was transferred by the change, and marked "Removed" upon the register of the ward from which the elector was transferred by the change.

his intention. (33 Mich. 252.) An elector does not gain or lose a residence while in the employ of the United States or of this State, nor while employed as a sailor, nor while a student at any seminary of learning, nor while kept at any almshouse or asylum at public expense, nor while confined in any prison. (Constitution of Mich., Art. 7, Sec 5, 97 Mich, 361.) The provision for ten days residence in a ward was made prior to the change in the constitution extending the period of residence to twenty days. The elector must have resided in the ward twenty days (formerly ten days) "next preceding" the election. If he removes from the ward where he may have acquired a residence, although registered there, into another ward, within the twenty days, he loses his vote.