torney, all subsequent notices and papers therein shall be served on such attorney, as in other cases. § 188 SEC. 7. The supervisors of the several wards shall in Jury lists. each year, at the session of the board of review for the correction of the assessment roll, select from the names of residents of their respective wards, appearing on said assessment roll, the same number of persons qualified to serve as jurors in courts of record, and return the same to the county clerk in the same manner as supervisors of townships are or may be required by law to do, and with like effect. of township. § 189 SEC. 8. The said city shall have its just proportion of of debts, etc., the present indebtedness of the township of Marquette, to be determined by the township board of said township, and the common council of said city, in the same manner as claims between townships are adjusted in similar cases, and shall have its share of the property of the said township, to be divided in a like manner. vested in city. § 190-SEC. 9. All property, real, personal and mixed, and All property rights of property in law or in equity, and all debts, fines, penalties, forfeitures, rights and causes of action, and all rights and powers not inconsistent with the provisions of this act, which belong, have accrued, or may accrue to the common council of the city of Marquette, or to the inhabitants of the said city in the corporate capacity, shall be and the same are hereby declared to be fully and absolutely vested in the corporation created by this act, to be held subject to the provisions hereof, and may be prosecuted for and recovered or claimed, asserted and maintained by said corporation in its own name, or in any other lawful manner, and all actions that may be pending between the common council of the city of Marquette and any person or persons, at the time when this act shall take effect, may be prosecuted to final judgment without abatement or delay in the same manner as if this act had not been passed, except that in all proceedings subsequent to this act the corporate name of said city shall be substituted therein for that of the common council of the city of Marquette. ordinances to § 191-SEC. 10. All ordinances, by-laws, regulations, reso- Present lutions and rules of the common council of the city of Mar- continue. quette now in force and not inconsistent with this act shall remain in force until altered, amended or repealed by the common council under this act and after the same shall take effect. of city. § 192-SEC. 11. (As Amended 1893). The corporation created by To pay debts this act shall pay and discharge all the debts, obligations, contracts and liabilities of the city of Marquette; and suits may be brought and prosecuted thereon in the same manner, either in law or equity, and with the same effect as they could be brought or prosecuted against the common council of the city of Marquette, if this act had not been passed; and the action of the common council in executing a certain lease to the Marquette Valley Milling Com- pany lease. pany, bearing date September second, eighteen hundred and Milling Com Owners of property liable for damages in certain cases. Proviso. Other powers, etc. Acts repealed Of former acts, etc. ninety-one, is hereby ratified, and the said lease validated and declared binding upon the said city. § 193-SEC. 12. Whenever an action shall have been maintained, and judgment recovered against said city by any person on account of damages sustained by reason of any defective sidewalk, or opening in the same occasioned by the wrong or negligence of the owner or occupant of the premises in front of which the sidewalk shall be, or on account of any excavation in the streets by any gas, hydraulic or railroad company, or by any other corporation, or by any person or persons, and such owner, occupant, or company, or persons, shall have been reasonably notified to appear and defend said action. The judgment, if any, obtained against said city, shall be conclusive as to the amount of damages and the validity of the claim of the city against such owner, occupant or company, or in any other proper form of action: Provided, That no person or corporation shall be liable, as provided in this section, to the city on account of failure to keep any sidewalk in repair, unless such person or corporation shall have received at least twenty-four hours' notice to repair or correct the defect complained of, which occasioned the injury for which damages were recovered against the city. § 194-SEC. 13. The common council of said city is hereby authorized and required to perform the same duties in and for said city as are by law imposed upon township boards of the several townships of this State in reference to all matters not herein otherwise provided for; and the city clerk or his deputy shall perform all the duties of township clerk or which township clerks are authorized to perform, that are necessary to be performed in said city, and not otherwise herein provided. § 195-SEC. 14. All former acts and parts of acts relating to the City of Marquette, which are repugnant to this act are hereby repealed, but nothing herein contained shall be construed to destroy, impair or take away any right or remedy acquired or given by any act hereby repealed; and all proceedings comproceedings, menced under any such former act shall be carried out and completed in the same manner, as near as may be, as provided in such former act or acts; and all claim or interest of the city in lands heretofore sold to, or bid in by the City of Marquette for delinquent taxes assessed in said city, may be sold and conveyed by the recorder of the city in the same manner that the same might have been sold and conveyed by the recorder of said city had not this act been passed, and with like effect; and any purchaser of lands sold for taxes in said city shall, if the lands so purchased is not redeemed as provided in said act or acts, be entitled to a deed from the recorder of the city, in pursuance of the powers herein conferred, shall be as valid and effectual as though the same had been executed by the recorder of the City of Marquette, under and in pursuance of the powers conferred upon said recorder of said city. etc., to be en § 196 SEC. 15. All prosecutions for any offense committed, Prosecutions, or penalty or forfeiture incurred, shall be enforced in the same forced. etc. manner in all respects and with the same effect, as if this act had not been passed. prescribe etc. § 197-SEC. 16. In all cases in which any power is conferred Council shall by this act upon the common council of the city, or upon any officer mentioned herein, and the manner of exercising or enforcing such power is not herein pointed out, or sufficiently and accurately described, the common council may prescribe the manner of exercising and enforcing all such powers, and may pass such ordinances in relation to all such matters and things not inconsistent with the constitution of the United States and of this State as they may deem proper. board con § 198-SEC. 17. The board of water and fire commissioners Certain of the City of Marquette, created by Act number two hundred tinued, etc. and forty-three of the session laws of eighteen hundred and sixty-nine, is hereby continued in existence under the name of the "Board of fire and water commissioners of the City of Marquette," with all the powers conferred and all the duties prescribed by said act; and all the duties by said act devolved upon the president of the village of Marquette are hereby directed to be performed by the mayor of the City of Marquette; and the common council of the City of Marquette shall possess all powers, and perform all duties, by said act conferred upon or prescribed to the common council of said village, and said act is hereby declared to be of force in the city of Marquette, hereby created in the same manner, and to the same effect, as though the word "city" was used in lieu of the word "village" in said act, and said board shall possess and exercise the powers given them by said act, to be possessed and exercised in said village of Marquette, throughout and in all parts of the city hereby created. § 199-SEC. 18. This act shall be deemed a public act, and Public act. shall be favorably construed in all courts and places whatsoever. be held nated. § 200-SEC. 19. If for any reason any place designated by Election may this act as the place for holding the first election herein provided the that for or designated by the common council for any subsequent place desigelection, cannot be used for such purpose, the electors of the ward who are assembled at such place at the hour for opening the polls may adjourn thence to any other proper place in the same ward, and may there meet and hold such election: Pro- Proviso. vided, That some person of suitable age shall be left at such first mentioned place, whose duty it shall be to notify all electors coming there of the place to which said polls have been adjourned. present mayr for approval. § 201-SEC. 20. (As Amended 1898.) On the same day. or Recorder to on the week day next following the passage of any ordinance, the ordinance to recorder shall present the same to the mayor or other person performing the duties of the mayor, for his approval. No ordinance shall be of any force without the written approval of the mayor or other person performing for the time-being the duties of his To certify to the time of presenting same. Revived ordinance to office. unless he omit to return it to the recorder with his objections thereto, within three days, Sundays excepted, after its presentation to him, in which case it shall be deemed regularly enacted. If after the return of the ordinance, with the objections thereto as aforesaid, the same shall be passed or re-enacted by a vote of two-thirds of all the aldermen in office the ordinance shall be deemed regularly enacted, and the time of its re-enactment shall be deemed to be the time of its passage. § 202-SEC. 21. (As Amended 1893.) At the time of presenting any ordinance to the mayor, or other person performing the duties of mayor, for his approval, the recorder shall certify thereon, and also in the journal or record of the proceedings of the council, the time when the same was so presented, and shall also certify thereon, and in such journal or record, the time of the return of such ordinance, and whether approved or with objections, and shall at the next meeting of the council report any ordinance returned with objections thereto. § 203-SEC. 22. (As Amended 1893.) No ordinance shall be be re-enacted. revived unless the whole or so many as is intended to be revived, shall be re-enacted. When any section of an ordinance is amended, the whole section, as amended, shall be re-enacted. Approved ordinances to § 204-SEC. 23. (As Amended 1893.) All ordinances, when be recorded. approved by the mayor, or when regularly enacted, shall be immediately recorded by the recorder in a book called "The record of ordinances," and it shall be the duty of the mayor and the recorder to authenticate the same by their official signatures upon such record. To be published in newspaper. Limits of school dis one. Annual § 205-SEC. 24. (As Amended 1893.) Within one week after the approval or re-enactment of any ordinance the same shall be published in some newspaper printed and circulated within the city, and the recorder shall immediately after such publication, or the last publication of any ordinance requiring more than one publication, enter on the record of ordinances, in a blank space to be left for such purpose under the recorded ordinance, a certificate stating in what newspaper and of what date or dates such publication was made, and sign the same officially, and such certificate shall be prima facie evidence of the legal publication of such ordinance being made. OF SCHOOL ELECTIONS. § 206-SEC. 25. (New 1895.) The limits of school district trict number number one of the city of Marquette shall be co-extensive with the boundaries of the city. There shall be held a regular annual election of school trustees in said district on the first Monday Such annual election of school of September of each year. trustees, as above provided, shall be held at such place in said The polls city as the board of school trustees shall designate. shall be open at nine o'clock in the forenoon and shall continue open without intermission or adjournment until the hour of eight o'clock in the afternoon, at which time they shall be finally election of school trustees, when held. Polls. closed. Said election shall be by ballot, and shall, except as Oath. (a) The president and secretary of the board of school trus- Board of tees, and one other trustee, to be designated by the board, inspectors. shall constitute a board of inspectors of such election, and if any of said three trustees shall not be present at the time of the opening of the polls or remain in attendance. the electors present may choose viva voce such number of such electors as with the trustee or trustees present shall constitute a board of three inspectors of such election. Each of said inspectors shall take the required oath to faithfully perform the duties of inspector of such election. The president of the board shall be chairman of the board of inspectors. In his absence the inspectors shall elect one of their number as such chairman. Every person shall be entitled to vote at such election who is a qualified voter of the city or qualified by the laws of the entitled to State to vote at any election for school officers. The board of inspectors shall have the same authority and powers in maintaining and enforcing order and obedience to their lawful commands at such elections and during the canvass of the votes as are conferred by the general laws of the State upon school officers in similar cases. Who shall be vote. make poll (b) The board of inspectors shall make a poll list of the Board to names of persons voting at such election. They shall also list. have the right of access to the registration books of the several wards of the city, if they deem it necessary, and for that purpose they may require the city clerk to attend said election with such registers. cast and for sign state (c) When said polls shall be finally closed, the board of Board to publicly count inspectors shall immediately proceed publicly to count, deter- and declare mine and declare the number of votes cast and for whom, and number votes shall, on the same or the next succeeding day, make up and whom. sign a statement in writing, showing the whole number of votes cast, and the number votes cast for each person for To make and whom votes were cast, which statement shall be signed by the ments. inspectors, and together with the minutes and other papers of the election, shall be filed with the secretary of the board of school trustees. The person or persons who shall have received The person the highest number of votes for such office of trustee for the highest several terms designated upon the ballot shall be declared elected, votes cast to and if two or more persons shall have received an equal number be declared of votes where only one trustee is to be elected, said inspectors shall choose one of such persons by lot, as such trustee. The number of elected. |