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to make regulations for preventing auctions, peddling, pawnbrokerage, or using for hire carts, drays, cabs, hacks or any kind of carriage or vehicle, or opening or keeping any tavern, hotel, victualing house, saloon or other houses or place for furnishing meals, food or drink, or billiard tables or ball alleys, without first obtaining from the common council license therefor; for licensing and regulating carts, drays, cabs, hacks, and all carriages or vehicles kept or used for hire; for licensing and regulating auctioneers, peddlers, pawnbrokers, junk dealers, dealers in second-hand goods and merchandise, and transient tradesmen, auctions, peddling, pawnbrokerage, taverns, hotels, victualing houses. restaurants, saloons, or other houses for furnishing meals, food or drink, and keepers of billiard tables and ball alleys not used for gaming. Whoever Transient occupies any premises within the city of Ann Arbor, for a temporary period only, and is not assessed for taxes in said city, and who offers for sale goods, wares, or merchandise, is hereby defined and declared to be a transient tradesman; Twenty-fourth, To regulate, license, and control hackmen, Hackmen, omnibusmen, porters, runners and all others soliciting passengers and others to ride in any hack, omnibus or carriage, or upon any railway, or to go to any hotel or other place, and to prevent said hackmen, omnibusmen, porters and runners from entering within any railroad station, at such times as the common council may determine;

tradesmen.

etc.

Twenty-fifth, To make regulations for the lighting of the Lighting. streets and alleys and the protection and safety of public lamps;

buildings.

Twenty-sixth, To provide for and regulate the numbering Numbering of of buildings upon the streets or alleys, and to compel the owners or occupants of buildings to affix numbers on the same;

of officers.

Twenty-seventh, To prescribe the duties of all officers ap- Duties and pointed by the common council, and their compensation, and compensation the penalty or penalties for failing to perform such duties, and to prescribe the bonds and sureties to be given by the offi cers of the city for the discharge of their duties, and the time and executing the same in cases not otherwise provided for by law;

Twenty-eighth, To provide for the cleansing and preserving Salubrity of of the salubrity of the waters of the Huron river, or other Huron river. streams within the limits of the city; to fill up all low ground or lots covered or partially covered with water, or to drain the same, as they may deem expedient;

stands.

Twenty-ninth, To prescribe and designate the stands for Carriage carriages of all kinds, which carry persons for hire, and carts and carters, and to prescribe the rates of fare and charges, and the stand or stands for wood, hay, and produce exposed for sale in said city;

Thirtieth, To provide for taking a census of the inhabitants census.

Grades.

Weights and

measures.

Drains, etc.

Poor persons.

Grade crossings.

Suits, how commenced

of said city, whenever they may see fit, and to direct and regulate the same;

Thirty-first, To establish a grade for streets and sidewalks and cause the sidewalks to be constructed in accordance with the same;

Thirty-second. To prescribe the duties of sealer of weights and measures and the penalty for using false weights and measures, and all the laws of this State in relation to the sealing of weights and measures shall apply to said city, except as herein otherwise provided;

Thirty-third, To direct and regulate the construction of cellars, barns, private drains, sinks and privies; to compel the owner or occupant to fill up, drain, cleanse, alter, relay or repair the same, or to cause the same to be done by some proper officer of the corporation, and to assess the expenses thereof on the lot or, premises having such cellar, barn, drain, sink or privy thereon;

Thirty-fourth. To provide for the protection and care of poor persons and of paupers, and to prohibit and prevent all persons from bringing or sending to the city from any other place any pauper or any other person likely to become a charge upon said city, and to punish therefor; to provide by ordinance for the election or appointment of an overseer of the poor for the city, and to prescribe his duties and vest him with such authority as may be proper for the exercise of his duties, and to provide for the organization of a board of poor commissioners, who shall serve without compensation;

Thirty-fifth, To provide for and change the location and grade of street crossing of any railroad track, and to compel any railroad company or street railway company to raise or lower their railroad track to conform to street grades, which may be established by the city from time to time, and to construct street crossings in such a manner as the council may require, and to keep them in repair; also to require and compel railroad companies to keep flagmen or watchmen at all railroad crossings of streets, and to give warning of the approach and passage of trains thereat, and to light such crossings during the night; to regulate and prescribe the speed of all locomotives and railroad trains within the city; but such speed shall not be required to be less than four miles an hour, and to impose a fine of not less than five or more than fifty dollars upon the company, and upon any engineer or conductor violating any ordinance regulating the speed of trains.

SEC. 100. All actions agains the city of Ann Arbor shall be against city. commenced by summons, which shall be served upon the city clerk at least six days before the return thereof, by giving him a copy of said summons with the name of the officer serving the same endorsed thereon; or in case of the absence of the said city clerk from the city, then by leaving such copy with the mayor, endorsed as aforesaid: Provided, That no suit shall be maintained against the city until the claim whereon the same is founded shall have been presented to the common

Proviso.

council of said city, duly verified, at a regular meeting of the
same, for allowance, and until after one regular meeting of
the common council shall intervene: And provided further, Further
That all claims for damages against the city growing out of the proviso.
negligence or default of said city, or of any officer, or employe
thereof, shall be presented to the common council of said city,
in the manner above provided, within sixty days after such
claim shall arise, and in default thereof shall thereafter be
forever barred; and in any action in any court on any such
claim, the claimant shall be required to show that such claim
has been duly presented in the manner in this act specified, to
the common council of said city.

declare im

SEC. 130a. Whenever the common council shall order any Council to local or public improvement, the cost of a part or the whole provements whereof it is proposed to assess and levy on the lands, premises by resolution. and tenements, which are benefited thereby, they shall by resolution so declare, and determine what part of the whole thereof, shall be levied and assessed upon the owners of the lands, premises and tenements deemed to be thus benefited, and thereupon they shall by resolution fix and determine the district or portion of the city benefited and specify the amount to be assessed upon the owners and against the taxable real estate situate therein: Provided, That no such assessment for the Proviso. pavement of any street or alley shall be made or collected other than by general tax, unless upon the petition for such pavement, signed by the parties owning a majority of the foot frontage of the real estate on the line of such street or part thereof proposed to be paved.

This act is ordered to take immediate effect.
Approved June 18, 1903.

[No. 544.]

AN ACT to prohibit the business of manufacturing, selling, furnishing, delivering, or keeping for sale sacramental and intoxicating liquors, or malt, brewed, and fermented liquors and vinous liquors, in any township or part of township and in any village of less than five hundred population, within the county of St. Clair, State of Michigan, except by the keeper of a hotel, and to define the term "hotel."

The People of the State of Michigan enact:

not to be sold.

SECTION 1. In any township or part of township and in When liquor villages of less than five hundred population within the county of St. Clair in this State, it shall not be lawful for any person, firm or corporation to engage in the business of manufacturing, selling, keeping for sale, furnishing, giving or delivering spirituous and intoxicating liquors and malt, brewed, or fer

Defining what shall constitute hotel.

Penalty for violation.

Proviso.

mented liquors and vinous liquors, unless such person is the keeper of a hotel and has complied with all the general laws of this State regulating the liquor traffic.

SEC. 2. The term "hotel" as used in this act shall mean a building regularly used and kept open as such for the feeding and lodging of guests, where all who conduct themselves properly and who are able and ready to pay for their entertainment, are received if there be accommodations for them, and who, without any stipulated engagement as to the duration of their stay, or as to the rate of compensation, are, while there supplied at a reasonable charge, with their meals, lodgings, refreshments and such service and attention as are necessarily incident to the use of the place as a temporary home, and in which the only other dwellers shall be the family and servants of the hotel keeper. Such building shall contain at least ten bedrooms above the basement exclusive of those occupied by the family and servants, each room properly furnished to accommodate lodgers, and separated by partitions at least three inches thick, extending from floor to ceiling, with independent access to each room by a door opening into a hallway, each room having a window or windows with not less than eight square feet of surface opening upon a street or open court, light shaft or open air, and each having at least eight feet square of floor area and at least six hundred cubic feet or space therein; a dining-room with at least three hundred square feet of floor area, which shall not be a part of the bar-room, with tables, and having suitable table furniture and accommodations for at least twenty guests therein at one and the same time, and a kitchen and conveniences for cooking therein sufficient to provide bona fide meals at one and the same time for twenty guests.

SEC. 3. Any person, firm or corporation violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one hundred dollars and costs of prosecution or by imprisonment in the county jail of not less than ten days and not more than ninety days, or by both such imprisonment and fine, in the discretion of the court and in case such fine and costs shall not have been paid at the time such imprisonment expires, the person serving out such penalty shall be further detained in jail until such fine and costs shall be entirely paid: Provided, That the imprisonment shall not exceed six months.

Approved June 18, 1903.

[No. 545.]

AN ACT to provide for the creation of a board of county auditors for the county of Washtenaw, and to define its powers and duties.

The People of the State of Michigan enact:

appoint first

SECTION 1. Within fifteen days after this act shall take Who to effect it shall be the duty of the commissioner of schools, the board. prosecuting attorney and the register of deeds of Washtenaw county, any two of whom shall be a quorum with power to act as hereinafter set forth, to meet at the courthouse in said county and appoint three county auditors, one to hold office Term of office. until January first, nineteen hundred four, the second to hold office unil January first, nineteen hundred five, and the third to hold office until January first, nineteen hundred six, and they shall file with the county clerk of said county the names of the auditors by them appointed, and the said clerk shall forthwith notify such appointees of such appointment. And when board it shall be the duty of the board of supervisors of said county to elect. of Washtenaw at its annual session in October, nineteen hundred three, and at each annual October session thereafter to elect one member of said board of auditors for a term of three years, said term to commence on the first day of January next thereafter, and the clerk of said board of supervisors shall notify the one so chosen of his election. No member of the board of supervisors shall be eligible to hold the office of county auditor.

of supervisors

of office.

SEC. 2. The persons so chosen as members of said board To take oath of county auditors shall before entering upon the duties of their offices and within ten days after the notice of their election take and subscribe the oath of office in the same manner as members-elect of the board of supervisors and shall file the same with the county clerk. Said board of auditors shall or ganize by electing one of their number chairman. The county clerk shall be ex-officio clerk of the board of auditors.

meet.

tive to claims.

SEC. 3. Such board when organized shall meet in the court When to house at the county seat of said county on the first Monday of each month therafter and shall have the power to hear, examine and adjust all claims against the county of Washte naw, and the sum so fixed and defined shall be subject to no appeal. Said board of auditors shall have all the rights, Duties relapowers, duties and liabilities relating to said claims, which now belong to and are exercised by the board of supervisors in said county, except claims arising from the action of the superintendents of the poor, drain commissioner and claims for extra compensation for the services of county officers, and no bills against the county of Washtenaw shall be audited, allowed or paid with the above exceptions in any other manner than is provided for in this act.

SEC. 4. Such board shall keep a full and complete record To keep of its proceedings, a list of claims presented and the action warrants, etc.

records, draw

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