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Separate ballot.

Conduct of election.

Amendment of charter.

Form of amendment.

commissioner from each ward by not less than fifty electors residing in such ward and in the case of commissioners at large by not less than fifty electors residing in each ward in such city asking that the name of the candidate designated be placed upon the ballot. The foregoing provisions shall not be deemed to apply to nominations or proceedings for nominations already had. The names of all candidates so nominated shall be placed upon a separate ballot at the election designated to be held for the election of a charter commission and without their party affiliations designated; the candidate having the greatest number of votes in each ward shall be declared elected, and the three candidates at large (or the four in cities having an odd number of wards) having the greatest number of votes cast in the city shall be declared elected; the nomination and election of the members of such commission, except as herein specified, shall be conducted as near as may be as now provided by law for the nomination and election of city and ward officers in the respective cities of this State. If upon the rejection by the electors of a proposed charter, whether submitted heretofore or hereafter, or prepared or submitted under, and pursuant to this act, or to any of the provisions of the law of which this act is amendatory or supplemental, a petition shall be filed with the legislative body, signed by a number of electors equal to ten per cent of the number voting for executive officer at the last preceding election, the legislative body shall thereupon submit such charter at the next general or municipal election with only such changes therein as shall be necessitated therein by postponement in taking effect. The foregoing provisions shall not be limited, restricted or subject to any provision limiting the time when the question of adopting a revised charter, may be submitted to the electors.

SEC. 21. Any existing city charter, whether passed pursuant to the provisions of this act or heretofore granted or passed by the State Legislature for the government of a city may, from time to time be amended in the manner following: An amendment may be proposed by the legislative body of the city on a three-fifths vote of the memberselect or by an initiatory petition as herein provided, and shall be submitted to the electors of such city as herein provided at the next general or special election. When it originates in the legislative body it shall be published and remain on the table for fifteen days before action is taken thereon. Amendments proposed for submission to the electors after April ten, nineteen hundred thirteen, shall remain on the table of the legislative body thirty days before action is taken thereon. The form in which any proposed amendment to a city charter shall be submitted on the ballot, unless provided for in the initiatory petition shall be determined by resolution by the legislative body.

to governor.

SEC. 22. Every amendment to a city charter whether Submitted passed pursuant to the provisions of this act or heretofore granted or passed by the State Legislature for the government of such city, before its submission to the electors, and every charter before the final adjournment of the commission, shall be transmitted to the Governor of the State. If he shall approve it, he shall sign it; if not, he shall return the charter to the commission and the amendment to the legislative body of the city, with his objections thereto, which shall be spread at large on the journal of the body receiving them, and if it be an amendment proposed by the legislative body, such body shall re-consider it, and if two-thirds of the members-elect agree to pass it, it shall be submitted to the electors. If it be an amendment proposed by initiatory petition, it shall be submitted to the electors notwithstanding such objections.

SEC. 23. Every city charter and amendment thereto, Publication. whether of cities incorporated under the provisions of this act, or under an existing charter of the city heretofore granted or passed by the Legislature for the government of the city before submission to the electors, shall be published as the commission or legislative body respectively may prescribe. There may be submitted with any charter or an amendment to a charter independent sections or propositions, and such of them as receive a three-fifths' vote of the electors voting thereon shall become a part of such charter, or shall prevail as such amendments.

SEC. 24. If the charter, or any amendment thereto, Filing. whether of cities incorporated under the provisions of this act, or under an existing charter of the city heretofore granted or passed by the Legislature for the government of the city, be approved, then two printed copies thereof, with the vote for and against duly certified by the city clerk shall, within thirty days after the vote.is taken, be filed with the Secretary of State, and a like number with the county clerk of the county in which such city is located and shall thereupon become law.

verification of.

SEC. 25. The initiatory petition herein referred to shall Petition, be verified by the person or persons who obtain the signatures, and shall be signed by a number of electors equal to ten per centum of the total vote cast for the executive office at the last preceding election, and shall be filed with the city or village clerk. Such verification shall state that such signatures were obtained by the person so verifying said petition, that such signatures are the signatures of the persons purporting to sign the same, and that the person verifying such petition verily believes that the signers obtained thereto are duly qualified electors. Any person who shall subscribe and swear to a verification false in any particular

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1919

Proviso.

Representation on board

shall be deemed guilty of the crime of perjury: Provided, however, That no special election shall be called to vote on any initiatory petition, unless the same is signed by a number of electors equal to fifteen per cent of the total vote cast for the executive officer at the last preceding election. Νο charter or amendment to any charter submitted to the electors by the initiative and receiving an affirmative majority of the votes cast thereon shall be held unconstitutional, invalid or void on account of the insufficiency of the petition by which submission of the same was procured.

SEC. 27. Each city shall have at least one representative of supervisors. on the board of supervisors of the county. The present representation of cities now organized on such boards of supervisors shall remain as now fixed, until changed according to law, but no city shall have power to increase its representation on such board of supervisors: Provided, however, That any existing city of not to exceed fifteen thousand population shall have the right and authority to amend its charter to provide for at least one representative on the board of supervisors for each ward of such city as now constituted.

Proviso.

Right of eminent domain.

Jury,

SEC. 35. Any city may acquire by purchase or condemnation proceedings any lands within or without its corporate limits necessary for disposing of sewage or for obtaining or protecting a water supply for the city and the inhabitants thereof, and may acquire by purchase or condemnation proceedings when authorized by the electors of such city any public utility and any water power and water rights for the use of such city within the corporate limits of said city. The jury in condemnation proceedings shall consist of twelve award of, etc. freeholders drawn from the body of the county and if they find the necessity for such use exists and, in case of sewage that the use proposed will not materially injure the health or safety of persons living adjacent to the land, they shall award the compensation to be paid therefor. Other proceedings in such cases shall conform to the general law authorizing cities and villages to take or hold land or property outside of their corporate limit as contained in chapter ninety of the compiled laws of eighteen hundred ninetyseven, or any other appropriate act now or hereafter existing. SEC. 38. It is intended by this act to re-enact sections twenty-one, twenty-two, twenty-three and twenty-four, as above amended pursuant to the adoption of the amendment to section twenty-one of article eight of the State constitution by vote of the electors on November five, nineteen hundred twelve, so that cities under existing charters heretofore granted by the Legislature shall have the same right and power to amend such charters under the act hereby amended as cities that have adopted complete charter revisions.

Intent of act.

SEC. 2. All acts or parts of acts contravening the provisions of this act are hereby repealed.

SEC. 3. This act is hereby declared to be immediately necessary for the preservation of the public peace, health and safety.

This act is ordered to take immediate effect.
Approved March 11, 1913.

[No. 6.]

AN ACT to fix the number of police justices in cities in this State having over two hundred fifty thousand inhabitants, and in which police courts now exist.

The People of the State of Michigan enact:

number of, in

SECTION 1. In each city in the State of Michigan having Police justices, a population of over two hundred fifty thousand inhabitants, certain cities. where there is at the time this act goes into effect a police court, such police court shall hereafter consist of three police justices, each of whom shall possess the qualifications and exercise the powers now prescribed by law for justices of such court, except as herein otherwise provided.

SEC. 2. At the spring election in nineteen hundred fifteen Election, two police justices shall be elected by the qualified electors term, etc. of any such city which shall be affected by the provisions of this act, who shall hold office for four years from the succeeding fourth of July, and at the spring election of every fourth year thereafter two police justices shall be elected and hold office for a term of four years each. At the spring election in nineteen hundred seventeen one police justice shall be elected by the qualified electors of any such city, who shall hold office for four years from the succeeding fourth of July, and at the spring election of every fourth year thereafter one police justice shall be elected and hold office for a term of four years. Candidates for election to the office of police justice in such cities shall be nominated and elected in accordance with the appropriate primary election and election laws from time to time in force in such cities.

what deemed,

SEC. 3. In any city where the effect of this act shall be to Vacancy, increase the number of justices of the police court, the office how filled, etc. or offices of the additional justice or justices so created shall be deemed to be vacant at the time when this act goes into effect, and such vacancy or vacancies shall be filled by appointment by the mayor and confirmed by the legislative authority of said city. Such appointee or appointees shall hold office for the unexpired term or terms of such office or

Rules.

Clerk and

pointment,

etc.

offices, as fixed by this act. Such unexpired term or terms shall continue until July fourth, nineteen hundred fifteen.

SEC. 4. Such police justices shall have power to make and adopt rules for the conduct of the business of such police court. The jurisdiction, procedure, practice and powers of such police court and of the justices thereof shall be as proCompensation. vided in existing laws applying to such court. Each police justice shall receive compensation at the rate now fixed for justices of said court, which compensation shall be paid in the Daily journal. manner now fixed by law. Each justice shall keep a daily journal of all proceedings before him and shall sign the same. SEC. 5. There shall be a clerk of said police court and assistants, ap- also such assistant clerks as the legislative authority of said city may at any time after the passage of this act by ordinance prescribe, but no amendment or repeal of such ordinance shall have the effect to remove any assistant clerk from office during the term for which he is appointed. The clerk and assistant clerks of the police court shall be appointed by the police justice or police justices whose term or terms of office shall first expire, as soon as practicable after the fourth day of July, nineteen hundred fourteen, and after the fourth day of July in every second year thereafter, and they shall hold office for a term of two years, commencing on the first day of August in the year in which they are appointed, and until their successors are appointed and qualified: Provided, however, That the persons appointed chief and assistant clerks in the year nineteen hundred fourteen shall hold such offices and shall execute the powers and perform the duties thereof during so much of the month of July of said year as may remain unexpired at the time of their appointment and qualification. In case of a vacancy in the office of clerk or assistant clerk of the police court, the same shall be filled by appointment in like manner as above provided, and the person appointed to fill such vacancy shall hold office for the remainder of the unexpired term and until his successor is appointed and qualified. Memoranda of such appointments shall be entered in the journal of the proceedings of the police court and shall be signed by the police justice or police justices making such appointments, and certificates of such appointments signed in like manner shall be by him transmitted to the city clerk of said city, who shall file and preserve the same in his office, and notify the legislative authority of said city of such appointments. Except as herein otherwise provided, the duties and powers of the chief clerk and assistant clerks of said police court and their compensation shall be as fixed by the law in effect at the time this act goes into effect.

Proviso.

Vacancy, how filled.

Duties, etc.

Intent of act.

SEC. 6. It is the intent of this act to fix the number of justices of police courts in cities now having such courts and having over two hundred fifty thousand inhabitants and to leave the constitution and powers of such courts other

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