To keep office in the city.

Fines, etc.,

Justices to report monthly.

§90-SEC. 13. It shall be the duty of the justices of the peace of said city to keep their offices in said city, and attend to all complaints of a criminal nature which may properly come before them; and they shall receive for their services, when engaged in cases for violation of the ordinances of said city, such fees as the common council shall by ordinance prescribe. disposition of § 91-SEC. 14. (As Amended 1893.) All fines, penalties and forfeitures recovered by any of said justices for the violation of penal laws, shall, when collected, be paid in to the city treasurer on the first Monday in each month; and all other fines, penalties and forfeitures recovered by any of the said justices shall, when collected, be paid to the city treasurer; and each of said justices shall report on oath to the common council, at the first regular meeting thereof in each month, during the term for which he shall perform the duties of such justice, the name of every person against whom judgment shall have been rendered for such fine, penalty or forfeiture, and the amount thereof, and all the moneys by him received for or on account thereof, which moneys so received or which may be in his hands, collected on such fines, penaltics or forfeitures, and to be paid into the city treasury, shall be paid into the city treasury on the first Monday of each and every month during the time such justice shall exercise the duties of said office. The justices of the peace of said city shall qualify in the same manner and give like security as is required by law of justices of the peace elected in townships, and all the laws of this state applicable to justices of the peace elected in townships and to the court held by such justices. of the peace (except as otherwise provided in this act) shall apply to justices of the peace of said city and to courts held by justices of the peace of said city. The term of office shall commence on the fourth day of July next succeeding their election, except when elected to fill an existing vacancy, in which case they shall qualify within ten days after notice of their election, and may at once enter upon the duties of their office.

To qualify and give security.

Terms of office.

Fines and penalties.

Duty of

assessor.

Of other officers.

§ 92-SEC. 15. (As Amended 1893.) All fines, penalties and recoveries for violations of the ordinances enacted by the common council, and all ordinances, rules and regulations adopted by any board of said city, and for violations of this charter, shall be paid into the city treasury for use and benefit of the city and such general fund thereof as the common council shall by ordinance direct.

§ 93-SEC. 16. It shall be the duty of the assessor to make and complete all assessments on the real and personal property within the city, which are or may be required by law or the laws and ordinances of the city to be made therein for any purpose whatever.

§ 94-SEC. 17. All other officers whose duties are not herein expressly prescribed, and which the common council are herein authorized to appoint, shall perform such duties and give such security as the common council may require, and all officers appointed by the common council or who shall have the control or

management of any of the money or property of the city may be required to give such security as the common council may prescribe and approve, and in default thereof the common council may declare their office vacant.

CHAPTER X.

OF THE PUBLIC HEALTH.

[Entire Chapter as Amended 1893.]

board of

§ 95-SEC. 1. The common council shall be the board of Common health of said city, and the health officer shall be the chief council to be executive officer of said board in carrying out the powers con- health. ferred by this charter for the preservation of the public health. Health officer He shall also be the city physician.

introduction

§ 96-SEC. 2. The said common council shall have power, To prevent and it shall be its duty to take such measures as they shall deem of disease. necessary and effectual to prevent the introduction of disease into the city; to stop, detain and examine for that purpose every person coming from any place infected, or believed to be infected with any such disease; to establish, maintain and reg- To establish ulate a city hospital for contageous diseases somewhere in the hospital. city or not exceeding three miles beyond the city limits; to cause any person not being a resident of said city, or if a resident of said city who is not an inhabitant of this State, and who shall be infected or shall be suspected of being infected with any such disease to be sent to such city hospital; to cause any other resident of said city to be removed to such city hospital if the health officer and two other physicians of the city, including the attending physician of said infected person, if he have one, shall certify that the removal of such person is necessary for the preservation of the health of the city; to remove from the city or destroy any furniture, wearing apparel, To destroy ingoods, wares or merchandise, or other articles or property of any kind which shall be suspected of being tainted or infected with any germs of pestilence, or which shall be likely to pass in such a state as to generate or propagate disease, to require and enforce the placarding of appurtenances, buildings and premises where persons are or have lately been sick with any contagious or infectious diseases deemed by them to be dangerous to the public health, and to punish for the violation of To punish for any ordinance, rules or regulations passed for that purpose by violations of fine not exceeding one hundred dollars and costs of prosecution, or by imprisonment in the county jail for not exceeding ninety days; to abate all nuisances which are or may be injurious to the public health and in any manner that may be deemed expedient, and from time to time to do all acts, and pass all ordinances which shall be deemed necessary or expedient for the preservation of the public health and suppression of disease in the city and to carry into effect and execute all powers hereby granted.

fected goods.

ordinance.

Inn keepers to report sick travelers.

report

with conta

§ 97-SEC. 3. Every keeper of an inn, boarding house or lodging in the city, who shall have in his house at any time, any sick traveler or lodger, shall report the fact and the name of the person, in writing, within six hours after he came to the house, or was taken sick therein, to the health officer, or, in his Physician to absence, to the mayor. Every physician in the city who shall patients sick have under his care or treatment or who shall professionally gious diseases visit any patient sick of any infectious or pestilential disease, or disease pronounced by the State board of health to be dangerous to the public health, shall, within six hours after he shall have visited such patient, and the character of said disease shall have become manifest, make out and deliver to the health officer, or, in his absence, to the mayor, a report in writing under his hand of the name, residence or abiding place in said city of such patient, and the disease of which said patient Violation of shall be sick. A violation of any of the provisions of this sec

act a misde

meanor.

Council may pass ordi

nances

regulating

draining

grounds, privies,

cellars, etc.

Abating nuisances.

tion shall be a misdemeanor punishable by a penalty of fine or imprisonment, or both, before any justice of the peace of said city, the penalty not to exceed one hundred dollars and imprisonment six months.

§ 98-SEC. 4. The common council shall have the power to pass and enact such by-laws and ordinances as they shall, from time to time, deem necessary and proper for the filling up, draining, collecting, clearing and regulating any grounds, yards, basements, slips, cesspools, privies or cellars within said city and for filling around or repairing all sinks, cesspools or privies in said city and for the mode of constructing them in future, and to cause all such work which may be necessary for the purpose aforesaid and for the preservation of the public health, cleanliness and wholesomeness of the city to be executed and done at the expense of the city on account of the person or property respectively upon which the same may be assessed, and for that purpose, in case the expenditure is upon private property, Expense to be to cause the cost and expense thereof to be assessed and collected by special assessment upon the lots and parcels of land upon which such expense shall be incurred in the same manner as is or may be provided by law and the ordinance of the city with respect to the public improvements within said city and with like effect: Provided, That the lots and parcels of land upon which the said costs and expenses have been incurred shall be deemed and held to be the lots and parcels of real estate benefitted thereby; and the sum of money assessed against each lot or parcel of land shall be the amount of money expended in making such improvements upon such premises together with a ratable proportion of the expense of assessing and collecting the money expended in making such improvement.

assessed,

Proviso.

General powers.

§ 99-SEC. 5. Said common council and said health officer shall possess all the powers, and be subject to all the duties and liabilities conferred upon boards of health and health officers by the general laws of the State now in force or hereafter enacted, not inconsistent with this charter; and the common council may

prescribe by ordinance penalties for the violation of any lawful order, rule or regulation made by them or the health officer.

OF LIGHT AND POWER.

§ 100-SEC. 6. The city of Marquette shall be and is hereby Light and authorized and empowered to purchase, hold and improve lands, Purposes, etc. water powers, engines, machinery, apparatus and other property, and operate and use the same for the purpose of generating, making and furnishing electricity, gas, power, steam, light and heat or other form of energy for the lighting of public streets, avenues, buildings and grounds of the city, or for private lighting in said city, and for the purpose of furnishing electric, gas or steam power, heat or other form of energy for elevators, machinery or buildings owned by the city or other public corporation; and for the purpose of selling such electric or gas light, power, heat or other form of energy to any person, firm or corporation in said city; and said city is hereby empowered to levy and collect assessments and taxes, and to appropriate and borrow money and issue bonds for the purpose of paying for property so purchased, and for such improvements and the operation thereof, and to pay bonds of the city issued for such purposes. [Sections 7 to 21 inclusive rendered inoperative by the act incorporating the light and power commission, approved March 18, 1897, being sections 232 to 252 inclusive of this compilation.]

OF PARKS AND CEMETERIES.

[Secs. 22 to 34 inclusive, new 1895.]

appoint a

commission.

§ 101-SEC. 22. The mayor shall, as soon as practicable after Mayor to this act shall go into effect, appoint, by and with the consent of park and the common council, a park and cemetery commission to con- cemetery sist of three electors of the city, who shall be appointed to serve from the date of their appointment for the following terms thereafter and until their successors are appointed and enter upon the discharge of the duties of their offices, viz.: one for one year, one for two years, and one for three years from and Term of. after the fifteenth day of April in the year when appointed. Upon the expiration of the term of office of any member of said commission his successor shall be appointed in like manner for the term of three years from and after the fifteenth day of April in the year when appointed and until his successor is appointed and enters upon the duties of his office. Upon the death, removal or resignation of any member of said commission, the Vacancies. mayor shall, as soon thereafter as practicable, appoint another elector of said city as a member of said commission for the unexpired term. The mayor shall be ex officio a member of the said commission.

§ 102-SEC. 23. The said commissioners, when appointed How known. and organized, shall constitute a park and cemetery commission of the city of Marquette, which shall be known by the name

To choose a president.

secretary.

Oath.

and style of "The park and cemetery commission of the city of Marquette". They shall choose one of their number as president, who shall hold his office until the fifteenth day of April next ensuing the date of his election, and until his successor To appoint a is chosen. They shall also appoint a secretary who shall hold his office during the pleasure of the board. Before entering on the duties of their office said commissioners shall take and file with the recorder an oath or affirmation as in the case of other officers of said city. Said commissioners may prescribe the rules governing their proceedings and shall cause full proceedings. minutes of their proceedings and doings to be kept in a book for that purpose, which shall be deemed to be a public record, which shall be at all times open to the inspection and examination of every citizen or taxpayer of the city of Marquette; which proceedings shall be published in a newspaper of the city at least quarter yearly.

May prescribe rules governing

Proceedings shall be published.

Shall have power to

employ all nocessary assistants.

Proviso.

Subject to certain exceptions,

to have full

parks and cemeteries.

To make defor improve

tailed plans

ments.

§ 103-SEC. 24. The said commission shall have power to employ superintendents, clerks, collectors, engineers, surveyors and such other employes as it may deem necessary to enable it to perform its duties under this act, and to prescribe their duties and compensation: Provided, That in no case shall said commissioners receive, directly or indirectly, any compensation for their services.

§ 104-SEC. 25. Subject to the exceptions reservations and limitations in this chapter contained, said commission shall have commission the exclusive government, control, direction and management of control of all the public parks and cemeteries of the city of Marquette, and all personal and real property belonging thereto, and shall have and exercise all the powers and duties of the city, of the common council and of the park and cemetery commissioners, whose functions and duties they shall have, exercise and perform in and about the custody, supervision, management and control of all the public parks and cemeteries of the city; and shall make or cause to be made, general and detail plans for the improvement of the same; and shall carry out said plans as the common council shall from time to time raise or appropriate money therefor, or as they shall have funds at their disposal for Expenditures such purpose. All expenditures of public funds and all public ments to be or private structures, works or improvements in and about the public parks and cemeteries shall be under the direction of the commis- said commissioners, who may make and enforce rules and regulations for the government and control, and the preservation of the parks and cemeteries, not in conflict with the ordinances now in force, or which may be hereafter adopted by the common council, and shall cause all their rules and regulations to be entered in a book to be kept for that purpose, and signed May appoint by the president and secretary. They may appoint and employ park police. such number of park police as the common council shall authorize, who shall have the powers of other police officers of said city, and perform such other duties as said commission shall require.

and improve

under the

direction of

sionors.

and employ