cemeteries ions to be § 105-SEC. 26. Said commissioners shall cause to be made Plats of city and filed in the office of the recorder, plats of all public ceme- and subdivisteries of the city and subdivisions thereof, showing number, made and name and location of all lots, blocks, parcels, walks, drives and recorded. other improvements and features, together with an abstract of all certificates, conveyances or deeds of lots or parcels thereof, showing to whom granted, date of conveyance, description and price of lot or parcel and all interments made and monuments erected therein, and such other particulars as they shall deem proper to be recorded; and it shall be the duty of the recorder Recorder to to preserve said plats and abstracts, and also to keep in his office tery record. a book to be known as "The cemetery record," in which he shall record said abstracts or the items thereof, and such other particulars and information as said commissioners may require; which plats, abstracts and record shall be public records. keep a ceme heretofore ordinances § 106-SEC. 27. The offices of park commissioner and ceme- Offices tery commissioner, as heretofore existing, are hereby abolished, existing are but all ordinances of the common council, and parts thereof, abolished. now in force relating to the parks and cemeteries of the Previous city, and the duties of the park and cemetery commis- not conflictsioners, not inconsistent with this chapter, shall be and remain ing to remain in force until amended or repealed; and the duties of the park commissioner, cemetery commissioner and other officers thereunder shall devolve upon, and be performed by said commission. in force. § 107-SEC. 28. Upon application of said commissioners to Private the common council therefor, private property may be taken by Property, how the city for the use of said commission the same as for other public use; and the same proceedings had for the condemnation thereof and payment therefor. council shall have power appropriate use of the issue bands. § 108-SEC. 29. Upon application of said commissioners Common to the common council therefor, the common council shall have power in their discretion to appropriate or raise money for the to raise or use of said commission and to borrow money from time to time money for for the use of said commission upon the best terms they can commission. make for such time as they shall deem expedient, and at a rate of interest not exceeding seven per cent per annum, upon the credit of said city of Marquette; and shall have authority to is- shall have sue bonds therefor, pledging the faith and credit of said city for authority to the payment of the principal and interest of said bonds; which bonds shall issue and shall be signed, countersigned and registered as other bonds of said city: Provided, That no such Proviso. bonds shall be issued until the amount proposed to be raised shall have been submitted to the electors of said city, and be authorized by a majority vote therefor by ballot of all the electors of said city voting at an annual or special election therein to be ordered, noticed, conducted, held and canvassed as elsewhere provided in this charter for the purpose of authorizing the issuing of bonds of said city. No purchase shall be made or contract entered into exceeding $500, without consent of the council. $109-SEC. 30. The said commission shall make no purchase of real or personal property or enter into any contract or upon any work or improvement requiring the expenditure therefor of an amount in excess of five hundred dollars without the consent of the common council previously obtained; nor shall such com-, Not to incur mission incur any indebtedness beyond the sum of six thousand indebtedness dollars, which they may do in anticipation of the collection of taxes levied or of the receipt of money appropriated or authorized to be raised or borrowed for their use. beyond $6,000. To make written report to common council, what to embrace. $ 110-SEC. 31. Said commissioners shall make a written report to the common council on or before the second Tuesday in March in each year, which shall embrace a statement of the condition of the property and improvements under their control, and the doings of said commission in relation thereto for the preceding year, and of the receipts of said commission from all sources, and the amounts thereof, together with an itemized acStatement to count of their disbursements for the preceding year, which statement shall be certified by said commissioners, and shall be filed with the recorder of said city and published with the controller's annual statement. They shall also make report in writing to the common council of their doings from time to time as the common council shall require. be certified by commis sioners and filed with recorder. Commission ors to anticipated otc. Common propriate; § 111-SEc. 32. It shall be the duty of said commissioners, prior to the second Monday in June of each year to submit to the common council of said city an estimate of the anticipated revenue from the property under their control, and of the needed, items amount of money which will be needed by them for improvements, current expenses and other necessary disbursements for the ensuing year, specifying, as near as practicable, the items and amounts thereof; and the common council is hereby authorcouncil to ap-ized and empowered to appropriate the same, or such portion levy tax for. thereof as they shall determine, for such purposes, and to levy and collect special taxes therefor, or embrace the same in the next general tax levy for city purposes, as in other cases, and in the same manner, and with like effect as other city taxes. Said report shall also embrace a statement of the amount of bonds issued, bonds of the city issued for park and cemetery purposes, and interest thereon, which will become due and payable during the ensuing year, and it shall be the duty of the common council to make provision for and pay or renew the same. Report to embrace 'statement of All moneys raised and Into the city treasury. Cemetery fund. § 112-SEC. 33. All moneys raised and appropriated for appropriated park and cemetery purposes in said city, and all moneys received. to be pald from the sale of burial lots, or otherwise, shall be forthwith paid into the treasury of the city, and so much thereof as is received from the sale of burial lots shall be paid into a fund to be called the cemetery fund, which shall be disbursed exclusively for the care, preservation and ornamentation of the cemetery in which said burial lots are located, and all accounts and bills payable for current expenses and other expenditures of said commission. shall be allowed and certified by said commission, and, when verified by the claimant as other claims against the city, shall be by the controller audited, and when so audited shall be paid by the city treasurer out of any funds in his hands appropriated or applicable thereto, upon an order drawn and signed by the president and secretary of said commission and countersigned by the controller. commission contract or § 113-SEC. 34. No member of said commission shall be in- Members of terested, either directly or indirectly, in any contract with said not to be commission or in the sale of any material or the furnishing of interested in any labor or services to said commission; nor shall said commis- sale of sion grant any special rights, privileges or franchises without the concurrence of the common council, nor any exclusive rights, privileges or franchises whatever. materials. CHAPTER XI. COURTS OF JUSTICE, FINES, PENALTIES AND LEGAL PROCEEDINGS. § 114-SEC. 1. The justices of the peace in said city herein- Jurisdiction. before mentioned shall be deemed justices of the peace in the county of Marquette, and shall have all the powers and jurisdiction given by the general laws of this State, in relation to civil and criminal cases before justices of the peace, in townships, and appeals from their judgments and convictions may be made to the circuit court for the county of Marquette, in the same manner as appeals from the justices' judgments and convictions in towns are made: Provided, That all actions Proviso. within the jurisdiction of justices of the peace may be commenced and prosecuted in said justices' courts when the plaintiff or defendant, or one of the plaintiffs or defendants, resides in a township adjoining the township of Marquette. of authority. § 115-SEC. 2. Any justice of the peace residing in said city Power and of Marquette shall have full power and authority, and it is hereby made the duty of such justice, upon complaint to him in writing on oath, to inquire into and hear, try and determine all offenses which shall be committed within said city against any the by-laws or ordinances which shall be made by the common. council in pursuance of the powers granted by this act, and to punish the offenders as by said by-laws or ordinances shall be prescribed or directed; to award all process, and take recognizance for the keeping of the peace, for the appearance of the person charged, and upon appeal, and to commit to prison as occasion may require. The corporation of the city of Marquette shall Uso of jail. be allowed the use of the common jail of the county of Marquette for the imprisonment of all persons liable to imprisonment under the by-laws and ordinances of the common council; and all persons committed to jail by any justice of the peace for any violatton of a by-law or ordinance of said common council, shall be in the custody of the sheriff of the county, who shall keep safe the persons so committed, until, [lawfully] discharged as in other cases. Justice of peace to have exclusive jurisdiction of offenses § 116-SEC. 3. (As Amended 1893.) The justices of the peace of said city shall have exclusive jurisdiction in all cases of offenses committed against any ordinance or by-law, rule or against city. regulation of said city, and for offenses committed against any of the provisions of this act, except as herein provided to the contrary. Proceedings before justices, how commenced. Form of complaint. § 117-SEC. 4. (As Amended 1893.) All proceedings before justices of the peace in said city for violation of any ordinances of said city, and for a violation of any of the provisions of this charter, shall be by complaint and warrant, except as herein provided to the contrary. All ordinances shall be entitled, but no ordinance shall be held invalid because the title does not accurately or fully express the object or objects of such ordinance. The following form of complaint shall be sufficient: STATE OF MICHIGAN, COUNTY OF MARQUETTE. day of } = SS. violated an ordinance of the City of Marquette entitled (here tending to show a violation of the ordinance). Subscribed and sworn to before me this.. day of Justice of the Peace. be treated as under of State. ter complaint Complaints to All complaints must be signed and sworn to the same as complaints in criminal cases under the general laws of the State. general law Complaints for a violation of any of the provisions of this charter may be in the same form except that the number of the section and chapter of this charter violated may be stated instead of the title of the ordinance, and the same complaint may include a charge of violating any provisions of this charter as well as any ordinance passed pursuant to the provisions thereof. Who may en- § 118-SEC. 5. (As Amended 1893.) Such complaint may be made by any person having cognizance of the facts, or having good reason to believe that the offense complained of has been committed, and in all prosecutions for violations of the ordinances of the city, or any of the provisions of this charter, commenced by any person other than an officer of the city, before process shall issue, the court may in his discretion, require the person making such complaint, to deposit a sufficient sum of money, not exceeding ten dollars, as security for costs, or to file security for the payment of the costs of the proceedings in case the defendant is acquitted or the complaint is dismissed by the justice. issue warrant § 119-SEC. 6. (As Amended 1893.) Upon such complaint Justice to being made, the justice before whom the same is made shall issue a warrant for the arrest of the person, or persons, charged with the offense, which warrant may be substantially as follows: STATE OF MICHIGAN, } COUNTY OF MARQUETTE, 1} SS. To the marshal or any constable of the city of Marquette: You are hereby commanded in the name of the people of the State of Michigan to arrest...-...and bring him forthwith before me, the undersigned, a justice of the peace of said city of Marquette, to answer a complaint made by for a violation of (here insert the title of the ordinance, or number of the section, or both, as the case may be, that are claimed to be violated), the said being charged in the said complaint with having (here insert the facts substantially as stated in the complaint which tend to show a violation of the ordinance, or section and chapter aforesaid). You are also commanded in the name of said people of the State of Michigan to summon. nesses on behalf of the city of Marquette. Given under my hand this.. day of as wit 18 Justice of the Peace. Form of warrant. be executed § 120 SEC. 7. (As Amended 1893.) Any such warrant may Warrant may be executed at any place within the State by the marshal, or by anywhere in any of his deputies, or by any policeman or constable of said State. city, and the officer executing the same shall have the same powers as the sheriff in executing criminal warrants against persons accused of crimes or misdemeanors, and he shall bring the person arrested before the justice who issued said warrant, or in case such justice is absent from his office, or is unable to try the case, or has resigned, or is dead, then the officer making the arrest, or having charge of the person or persons arrested, may bring him or them before any other justice in said city. All persons, whether male or female, shall be liable to arrest and Who liable to imprisonment for violation of any ordinance of said city or of any of the provisions of this charter, and it shall not be necessary to appoint any guardian for any infant in any suit or proceeding brought against such infant for a violation of any ordinance of said city. arrest. rested to § 121-SEC. 8. (As Amended 1893.) Upon the person or Persons arpersons arrested being brought before such justice, he or they plead to the shall plead to the complaint, or, in case of refusal to plead, the complaint. justice shall enter a plea of not guilty after the complaint is read, or if such complaint is not sufficient and does not set forth an offense against the ordinance of said city, or provisions of this act, may move to quash such complaint. If such complaint is quashed, the defendant shall be discharged from custody, but such discharge shall not be a bar for further proceedings for the same offense. If such complaint is sufficient, and |