Offences against city

regulate the keeping of gun powder, and to prevent the discharge of every species of fire-arms; to prevent the violation of the Sabbath and the disturbance of any religious congregation, or any other públic meeting assembled for any lawful purpose; to provide against and punish immoderate riding or driving in any of the streets of the city: and for the purpose of carrying into effect the powers conferred by this section, the common council shall have power to prescribe in any by-law or ordinancee which may be made by them, that the person offending against the same shall forfeit and pay such fine as they shall deem proper, not exceeding one hundred dollars, or be imprisoned in the county jail for a term not exceeding thirty days; or the common council may, in such by-law or ordinance, direct that the offender shall be punished by fine and imprisonment, or by both fine and imprisonment, (within the limits aforesaid,) in the discretion of the justice who shall try the offender.

Sec. 14. Any justice of the peace residing in said city of Ann Arby-laws and bor, shall have full power and authority, and it is hereby made the how tried duty of such justice, upon complaint to him in writing, to inquire in

ordinances;

and deter

mined.

Council may

jai.

to and try and determine all offences which shall be committed within said city against any of 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 the 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 shall lawfully require.

Sec. 15. The corporation of the city of Ann Arbor shall be allowCommon ed the use of the common jail of the county of Washtenaw for the county 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 violation of a by-law or ordinance of said common council, shall be in the custody of the sheriff of the county, who shall safely keep the person so committed until lawfully discharged, as in other cases.

Sec. 16. Whenever any person charged with having violated any ordinance of the common council, by which the offender is liable to imprisonment, shall have escaped from said city, or shall reside or

the peace

warrant on

lation of or

turk without the limits thereof, any justice of the peace residing in Justice of said city, to whom complaint shall be made, shall issue a warrant to may issue any sheriff of any county in this State, commanding him forthwith to case of vioBring the body of such person before him, to be dealt with according dinance. to law; and every sheriff or other officer to whom such warrant shall Warrant; by whom be delivered for service, is hereby required to execute the same, un- may be der the penalties which are by law incurred by sheriffs and other officers for neglecting or refusing to execute other criminal process; and in case the person charged as aforesaid shall be within the county of Washtenaw, the said warrant may be served by the marshal of the city, or by the sheriff or any constable of the county.

served.

Process:

ed.

Sec. 17. All process issued by any justice of the peace to enforce or carry into effect any of the by-laws or ordinances of the common council, (except in the cases mentioned in section sixteen of this act,) shall be directed to the marshal of the city of Ann Arbor," or "to how directany constable of the county of Washtenaw;" and such process may be executed by any of said officers any where within the county of Washtenaw, and shall be returned the same as other similar process issued by justices of the peace.

Powers and

mayor.

Sec. 18. The mayor of said city shall have the same power, as conservator of the peace within the limits of the city, as any justice of duties of the peace has, or may by law have; and it is hereby made his duty to see that the by-laws and ordinances are faithfully enforced; and to this end it shall be lawful for him, when any person or persons shall in his presence be guilty of a breach of the peace, or any vioation of an ordinance of the eommon council, punishable by imprisonment, to direct the marshal or other officer forthwith to apprehend such offender or offenders, and take him or them before a justice of the peace for said city, who shall, without unreasonable delay, proceed to the examination and trial of the party accused.

give securi

ty for faithful performance of duty

Sec. 19. The marshal of said city shall, before entering upon the Marshal to discharge of the duties of his office, give such security for the faithful performance of his duties as the common council shall direct and require. He shall be chief of the police, and it shall be his duty to serve all process that may be lawfully delivered to him for service, to see that all the by-laws and ordinances of the common council are promptly and efficiently enforced, and especially those which may

To be chief of police.

General duties.

May estab lish fire companies.

be passed to carry into effect the powers granted by section thirteen of this act. He shall obey all the lawful orders of the mayor, and may command the aid and assistance of all constables and all other persons, in discharge of the duties imposed upon him by law. He may appoint such number of deputies as the common council shall direct and approve, who shall have the same powers, and perform the same duties as the marshal, and for whose official acts he shall be in all respects responsible; and the marshal and his deputies shall have the same power to serve and execute all process on behalf of the corporation of said city, or of the people of this State, as sheriffs or constables have by law to execute similar process.

Sec. 20. The common council shall have power to make all such by-laws and ordinances as they shall deem necessary and proper to secure said city and the inhabitants thereof against injuries by fire; to compel the owners or occupiers of buildings to procure and keep in readiness such number of fire buckets as they may direct; to establish, maintain and regulate all such fire engine, hook and ladder and hose and bucket companies as they may deem expedient; to construct reservoirs, and provide such companies with necessary and proper buildings, engines and other implements to prevent and extinguish fires; to appoint from among the inhabitants of said city such number of persons, not exceeding fifty to any one company, as are willing to accept, or as may be deemed proper to be employed as firemen. And every such company shall have power to appoint its By-laws of own officers and to pass by-laws for its organization and government, subject to the approval of the common conncil, and to impose and collect such fines for the non-attendance or neglect of duty of its members as may be deemed necessary and proper. And every person belonging to such company shall annually obtain from the recorder a certificate, which shall be prima facie evidence of his membership for one year from the date thereof. Every member of such company, during his membership, shall be exempt from service on juries, from military duty in time of peace, and from the payment of a poll

fire compa

Exemptions

tax.

Sec. 21. It shall be the duty of such company to keep in good orDuty of fire der and repair its fire engine, hose, ladders, and other implements; to assemble at least once in each month for the purpose of working

companies.

its fire engine; and upon any alarm, or breaking out of fire within said city, each company shall forthwith assemble at the place of such fire, with its fire engine and other implements, and be subject to the orders of the chief engineer of the fire department.

marshal in

Sec. 22. Upon the breaking out of any fire in said city, the mar- Duty of shal shall immediately repair to the place of such fire, and aid and case of fire. assist, as well in extinguishing the fire as in preventing any goods or property from being stolen or injured, and in protecting, removing and securing the same; for which purpose, and as chief of the police, he may require the assistance of all by-standers; and in the performance of his said duties, the marshal shall in all respects be subject to the orders of the mayor, or such of the aldermen as may be present.

health.

Sec. 23. The common council shall have power, and it shall be Board of their duty, to adopt measures for the preservation of the public health of said city; to restrain or prohibit the exercise of any unwholsome or dangerous avocation within the limits of the city; to establish a board of health and to invest it with such powers and to impose upon it such duties as shall be necessary to secure the inhabitants of said city from contagious, malignant and infectious diseases; to provide for its proper organization and for the appointment of the proper officers; and they shall have authority to make all such by-laws and regulations for the government of such board of health, and for the preservation of the health of the inhabitants of said eity, as shall secure a prompt and efficient discharge of the duties imposed upon the common council by this act.

power and

common

reference to

alleys, &c

Sec. 24. The common council shall have power to regulate the General time and manner of working upon the streets, lanes and alleys in duties of said city; to provide for the grading, planking or paving and railing council in the sidewalks, and to prescribe the width thereof; to prevent the ob- streets, lanes struction or encumbering of any of the streets, lanes, alleys, sidewalks or public grounds in said city; to lay out, open, make and repair streets, lanes and alleys, and the same to alter and vacate, and to alter or vacate those already laid out. Before any street, lane or alley shall be laid out, altered or vacated, the common council shall give notice thereof to the owners, occupants or persons interested, or his or their agent or representative, by personal service or by posting up

Proviso.

notices in five or more public places in the city, stating the time and place when and where the common council will meet to consider the same, and describing the street, lane or alley proposed to be laid out, altered or vacated; which notice shall be posted at least ten days before the time of meeting. If, after hearing the persons interested who may appear before them, the common council shall determine to lay out or alter any street, lane or alley, they may purchase of any person or persons through whose lands the same may pass, the right of way. If the sum to be paid therefor cannot be agreed upon, it shall be lawful for the mayor to issue a venire, directed to the marshal, commanding him to summon twelve disinterested freeholders of the county, not residing in said city, to appear before the mayor at a time and place in said venire to be mentioned, not less than five days from the issuing thereof, to inquire into and assess the damages occasioned to such person or persons by the laying out or altering of such street, lane or alley; which jury, being first sworn by the mayor faithfully and impartially to assess the damages in question; and having heard the testimony of witnesses, if any be sworn, and the representations of the person or persons interested in the premises, shall assess the damages sustained by each person respectively, whether as owner or occupier thereof, according to their several interests in the same, which assessment shall be signed by the jurors assessing the damages and be delivered to the mayor, who shall cause the same to be filed in the recorder's office. All sums so assessed shall be paid or tendered to the person or persons in favor of whom such assessment shall be made, before such street, lane or alley shall be opened or used. If any person in whose favor such assessment shall be made, shall refuse to receive the amount of such assessment, or if he shall not reside in said city, so that the same can be tendered to him, the money shall be deposited with the treasurer of the city, to be delivered to the person lawfully entitled to receive the same, and thereupon the common council may proceed forthwith to cause such street, lane or alley to be opened and used: Provided, That any persons claiming damages who shall be aggrieved by such assessment may appeal therefrom to the circuit court of the county of Washtenaw, upon giving written notice to the mayor of his intention to appeal, within five days after the assessment shall