filled.

drain commissioner, as a part of his report of the election and Vacancy, how qualification of the county officers. In case of a vacancy in the office of county drain commissioner, caused either by resignation, removal from the county or death, it shall be the duty of the judge of probate for the county where such vacancy occurs to fill the vacancy by appointment under his hand and seal.

Approved March 26, 1903.

Sections amended.

[No. 372.]

AN ACT to amend sections one and three of chapter three; section three of chapter four; section three of chapter eight; section one of chapter thirteen; sections one, nine and ten of chapter fourteen; sections two, seven, eight and nine of chapter nineteen; sections eleven, thirteen and fourteen of chapter twenty; section one of chapter twenty-two and section ten of chapter twenty-six of an act, entitled "An act to incorporate the city of Flint and to repeal all acts and parts of acts inconsistent herewith," approved March twentyfirst, nineteen hundred one; and to add nine new sections thereto to stand as section six of chapter six and sections sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two and twenty-three of chapter twenty-six; and to add one new chapter thereto to stand as chapter twentyseven, and to repeal all acts and parts of acts inconsistent herewith.

The People of the State of Michigan enact:

SECTION 1. Sections one and three of chapter three, section three of chapter four, section three of chapter eight, section one of chapter thirteen, sections one, nine and ten of chapter fourteen, sections two, seven, eight and nine of chapter nineteen, sections eleven, thirteen and fourteen of chapter twenty, section one of chapter twenty-two and section ten of chapter twenty-six of an act, entitled "An act to incorporate the city of Flint and to repeal all acts and parts of acts inconsistent herewith," approved March twenty-first, nineteen hundred one, are hereby amended to read as follows, and that nine new sections be added thereto to stand as section six of chapter six and sections sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two and twenty-three of chapter twenty-six, and that one new chapter be added thereto to stand as chapter twenty-seven as follows:

CHAPTER III.

OFFICERS AND ELECTIONS.

SECTION 1. The annual election under this act shall be held Annual elec

on, whe

held, etc.

chosen at.

on the first Monday of April in each year, at such place in each of the several voting precincts as the common council shall designate. Notice of such election shall be given by the city clerk in the official paper of the city, at least eight days before the election. At such election there shall be chosen in and for officers said city the following officers, to wit: One mayor, one city clerk, one city attorney, one treasurer, one health officer and one city assessor. The mayor, city clerk, city attorney, treasurer and health officer shall be elected to hold their several offices for the year and until their successors shall be elected and qualified. The city assessors shall hold their offices for three years and until their successors shall be elected and qualified. There shall also be elected at the same time and upon the same ticket, in and for each of the wards of said city, one supervisor, one alderman and one constable. The supervisors and constables shall hold their offices for one year and until their successors shall be elected and qualified. The aldermen shall hold their offices for two years, and until their successors shall be elected and qualified: Provided, That at the charter election in Proviso as to the year nineteen hundred three, there shall be elected three assessors. members as a board of assessors for said city, one to be elected for one year, one for two years, and one for three years. And the term for which they shall be elected, respectively, shall be designated upon the ballots therefor. Thereafter one member

board of

cies to be

of said board of assessors shall be elected each year. If at the When vacantime of said annual election there shall be a vacancy in any filled at. of said offices, it shall be filled at said election for the remainder of the unexpired term, upon the same ticket, but the name of the candidate therefor shall be designated by the word "vacancy" following. The treasurer shall not be eligible to hold office longer than two in any consecutive years.

elected, etc.

SEC. 3. The supervisors and aldermen of each ward shall Inspectors of always be inspectors of election, and serve when not dis- election, how qualified, and shall be assigned by the council to the voting precinct in which they shall act, and one of them shall always be assigned to each voting precinct. The several boards of inspectors shall be completed by appointment of competent electors residing in the precinct in which they are to act, and when appointed not more than two members of each of said boards shall belong to the same political party. At any election, in case of the absence or disqualification of one or more such inspectors, the electors present shall choose viva voce from their number one or more to fill such vacancies. The To take oath. members of such board shall take the constitutional oath, which may be administered by either of said inspectors or by any justice of the peace or notary public. They may at such elec- May appoint tion appoint two clerks to assist them in conducting the elec

clerks.

Manner of conducting elections.

Council to determine

persons elected.

tion, not more than one of whom shall belong to the same political party with the majority of the board. The manner of conducting all elections and canvassing the votes, and the qualification of electors in the several voting precincts, except as otherwise herein provided, shall be the same as that of townships, the words "voting precinct" instead of "township" being used in the oath administered to an elector in case his vote shall be challenged. At such charter election the said precinct inspectors shall make one certificate of the number of votes given for each person for the several offices to be filled in and for the city, and also one certificate of votes given for each person for the several offices to be filled in and for their wards, which certificates shall be immediately filed in the office of the clerk of said city, and upon the Thursday next following the day of said election, at two o'clock p. m., the common council shall meet at the council room to canvass said returns, which said clerk shall thereupon lay before them. They shall then and there determine who, by the greatest number of votes given in the several precincts at such election, are duly elected to fill the respective city offices, and also who by the greatest number of votes given in each ward at such election are duly elected to fill the respective ward offices, and it shall be the duty of said clerk immediately after such determination, to cause notice to be given to each of the persons so elected, of their election, either personally or by mail. Each of said officers so elected and notified, shall within ten days thereafter take and subscribe the constitutional oath of office before some person authorized to administer oaths, and deliver the same to said clerk, who shall file it in his office. Said clerk shall also make a certificate of the election of the justice or justices, and cause it to be delivered to the county clerk, in the same manner as is In case of tie required of township clerks. In case two or more persons shall receive for any office an equal number of votes, and a plurality of the votes given at such election, the common council shall immediately proceed to determine by lot between the persons so receiving the highest number of votes, which shall be considered elected to such office. The term of office of said city and ward officers (except justice of the peace) shall commence on the next day after such canvass and decision. In case any of the officers so elected shall neglect, for the term of ten days after being notified, to qualify as aforesaid or give the required security, the office shall thereby become vacant.

Officers elected to take oath.

vote.

How mayor may remove certain offcers.

May inspect books, etc.

CHAPTER IV.

SEC. 3. The mayor; by and with the consent of the council, by a majority vote of the aldermen elect, may remove any officer or member of any board appointed by him, or any officer chosen under the provisions of section five, chapter three of this chapter, at any time whenever he shall deem it for the best interests of the city. He shall have authority at all reasonable times to examine and inspect the books, records and

papers of any agent, employe or officer of the corporation, and shall perform generally all such duties as are or may be prescribed by the ordinances of the city.

CHAPTER VI.

TREASURER.

urer to col

SEC. 6. The city treasurer shall add to and collect the ad- When treasditional three per cent required to be collected on all taxes lect additional on the general tax roll not paid on or before the tenth day of per cent. January in each year and in like manner the additional three per cent required to be collected on all special assessment rolls where the tax is not paid within the first forty days after the date of the warrant. The said three per cent to belong to the city and to be credited to the contingent fund. The treasurer shall be held personally and officially responsiblé to the city for these collections and in no case shall have power to remit any portion of the same.

CHAPTER VIII.

chief of po

remove.

SEC. 3. The said board shall appoint a chief of police and To appoint other officers and such number of policemen with pay as the lice, etc. common council may provide for the payment of, and such number of watchmen without pay as the said board shall deem expedient. The chief of police and other officers, policemen and watchmen shall hold office during the pleasure of the board of police commissioners. A majority vote of said board shall How may be sufficient at any time to remove the chief of police, or any of said officers or policemen, summarily, or for any reason set forth in section one. In time of special emergency or apprehended danger from riot or other causes of alarm, said board may appoint as many patrolmen, with or without compensation, as they may deem expedient. No person shall be appointed to any position by said board who is not a citizen of the United States, and who has not resided in said city at least one year next preceding said appointment. The chief of police shall Powers of have power to suspend any policeman on the force, for any disobedience of the rules of the board, or the orders of said chief, committed in the presence of said chief; he shall at once report such action, with his reasons therefor, to the police board. The pay of such suspended policeman shall cease from the day of such suspension, until restored by the board.

CHAPTER XIII.

COMPENSATION OF OFFICERS.

chief.

SECTION 1. The mayor and aldermen of said city shall be Mayor, etc. paid one hundred dollars each per year, payable quarterly. The Clerk. city clerk, city attorney and health officer shall each receive

Treasurer.

Supervisors.

Funds from which salaries paid.

such salary, payable monthly, or quarterly, as the common council shall by resolution determine. The city treasurer shall receive one per cent upon all taxes or assessments collected by him, which shall be in full payment for all services as such treasurer. The supervisors for their services shall receive two dollars per day for the time actually spent, and the members of the board of review the same compensation per day. Every city official whether elective or appointive, who is to be paid by the day for his services, shall render his account, giving the date of each day's service for which he claims pay, and shall make oath to the correctness of the same; and without such statement and oath his account shall not be paid. The salaries of the mayor, aldermen, city clerk, city attorney, health officer, members of the board of health, supervisors, members of the board of review, city assessors and members of the registration and election boards, shall be paid from the official salary fund. The salaries of all other city officials and employes shall be paid from the funds of the department in which they are employed. The compensation of all other officers and employes of said city, including the members of the police and fire departments, shall be such as the common council may determine.

CHAPTER XIV.

COMMON COUNCIL.

SECTION 1. The mayor and aldermen when assembled together and duly organized, shall constitute the common council of the city of Flint, and a majority of the aldermen elect shall be necessary to constitute a quorum for the transaction of business, though a less number may adjourn the council from time to time. The common council shall meet in regular session, in the common council room, on the second Monday of each month, and at such other times as it may by rule determine. It may be called together in special session by the mayor, or by the clerk on petition of not less than three aldermen, but shall transact only such business, at such special meet ing, as shall be named in the call, which call shall be in writing, and served by the chief of police or one of his subordinates, personally on the aldermen, or by leaving the same at their residence not less than four hours before such meeting is to be held. The mayor shall be president of the council, and preside at all meetings when present. At the first regular meeting in May, or as soon thereafter as may be convenient, the council shall choose one of their number president pro tem., who shall preside in the absence of the mayor, and for the time being shall exercise the powers and discharge the duties of the president. He shall always be entitled to vote. The clerk shall not in any case be entitled to a vote in the council. All meetings and sessions of the council shall be in public. No office shall be created or abolished, nor any special tax or assessment be imposed, street, alley or public ground be vacated, real estate or