cations of a voter, and if such person shall state that he or she is do swear (or affirm), that you are twenty-one years of age, that SEC. 16. If any person so challenged shall refuse to take such Idem. SEC. 17. The clerk of the election shall keep a poll list, which Poll list. shall contain the names of all electors voting at such election, and at the close of the polls, the inspectors shall immediately proceed to canvass and ascertain the result of the election, which canvass shall be public, and the two persons found to have received the largest number of votes, at such election, shall be deemed duly elected trustees. al estate. SEC. 18. The public schools of Albion, aforesaid, shall have Real or personpower to take, accept, and hold any real or personal estate by gift, grant, bequest, or devise, for any purpose connected with the schools of said district, or for the benefit of said library, and said board of trustees shall use and appropriate the same for the purposes and uses mentioned in the instrument, giving, granting, or devising the same, and for no other purpose. SEC. 19. Said library shall be and remain the property of the cor- Library. This act is ordered to take immediate effect. [No. 268.] AN ACT to amend section six of chapter two of the charter of the city of Negaunee, Marquette county, approved April eleventh, eighteen hundred seventy-three, and to repeal sections one, Chapter amended. Officers to be elected and when. How long to hold. two, three, four, five, six, eight and eleven; and to amend sections seven, nine, ten, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, and eighteen, and to change the number of each section so amended of chapter fourteen of the charter of the city of Negaunee as amended by act number two hundred and fortythree of the session laws of eighteen hundred eighty-three, approved March twenty-seventh, eighteen hundred eighty-three. SECTION 1. The People of the State of Michigan enact, That chapter two of the charter of the city of Negaunee, in the county of Marquette, of act number two hundred and forty (240), of the session laws of eighteen hundred seventy-three, approved April eleventh, eighteen hundred seventy-three, be and the same is hereby amended to read as follows: SEC. 6. At each annual election to be held in said city after the first annual election, there shall be elected by the electors of the whole city voting in their respective wards, one mayor, one recorder, one treasurer, one school inspector, four constables, and one justice of the peace. Each of said officers, except the school inspector, shall hold his office for one year after his election and until his successor is elected and qualified. Said school inspector shall hold his office for two years after his election and until his successor is elected and qualified. Said justice of the peace shall hold his office for the period of four years from and after the fourth day of July next following his election. Each of said officers except said justice of the peace shall enter upon the duties of his office and file his qualifications with the recorder of said city within ten days after Justice security his election. Said justice of the peace shall give the security required by law of justices elected in townships, which security may be approved by the common council of said city or by the county clerk of said county of Marquette, and said justice of the peace shall, before entering upon the duties of his office, and on or before the fourth day of July following his election, file such security and his official oath of office with the county clerk of said county. There Supervisor and shall also be elected at each annual election after such first annual To qualify and enter upon duties of office. to be approved by whom. aldermen. To hold office how long. To enter upon duties of office when. election in each ward by the electors thereof, one supervisor and one alderman to be voted for on the same tickets with the city officers. Said supervisor shall hold his office for one year and until his successor is elected and qualified, and said alderman shall hold his office for two years and until his successor is elected and qualified; and they shall each file their oaths of office with the recorder of said city, and enter upon the duties of their office within ten days after their election. The common council of said city shall, on the first Thursday after the annual charter election in April in each year, appoint one assessor, who shall possess all the powers heretofore granted to the assessor of said city, but he shall not Term of office. be a member of the common council. He shall hold his office for the term of one year and until his successor is appointed and qualified. Assessor when appointed. Powers and duties of. Act amended. SEC. 2. That chapter fourteen (14) of the charter of the city of Negaunee, in the county of Marquette, being act number two hundred and forty-three (243), of the session laws of eighteen hundred and eighty-three, be and the same is hereby amended to read as follows: for. SEC. (15) 6. The common council of said city may provide a water works. system of water works for said city, to protect it against fire, and to furnish the inhabitants with a supply of pure and wholessome water, and to that end, whenever said common council shall deem Bonding city it necessary to issue the bonds of the city, the question of issuing said bonds, shall be submitted to the qualified electors of said city, at the annual election in April, or at some special eléction called for that purpose, in the same manner as other special elections are called under said incorporation act, and at least ten days notice Notice of elec of such submission shall be given immediately preceding said elec- tion. tion by posting the same in three public places in each ward of said city, or by publishing the same in some newspaper published in said city, specifying the amount of not exceeding twenty-five To specify what. thousand dollars, and the object for which it is proposed to issue said bonds. A separate ballot box shall be provided for receiving Separate balballots, and the votes shall be canvassed, declared, and returned and all things with reference thereto, done in the same manner, Canvass of as near as may be, as in the case of city officers. At the close of votes. such election, the inspector shall make two certificates of the num- Certificates of ber of votes given for and against such issue of bonds, one of which votes cast. shall be forthwith deposited with the recorder of said city, and the Deposited other filed in the office of the county clerk for the county of Marquette: Provided, That not more than two such meetings shall be Number of lot box. where. meetings. called in any one year, and that the total bonded indebtedness of Bonded insaid city shall not, at any one time, exceed said sum of twenty-five debtedness. thousand dollars. council may SEC. (16.) 7. Whenever the common council shall be authorized When common by a vote of the qualified electors, as provided in the preceding sec- issue bonds. tion, they may issue the bonds of the city to the amount voted, and provide for the payment of the principal and interest thereon, and for this purpose shall annually levy, assess, and collect a tax on the assessed value of all real and personal estate in said city made taxable by the laws of this State, and such tax shall be levied, assessed, and collected in the same manner, and upon the same tax-roll as is provided for the levying and collection of other city taxes, and shall be designated on such tax-roll as the "water tax," taxes Water tax. for this purpose, not to exceed in amount a sufficient sum to pay the interest accrued, or to accrue on said bonds, for the year for which such taxes are levied, and the principal as it shall become due. Said bonds shall be denominated "water bonds," and shall water bonds. be numbered in the order of their issuance, and shall be for not less than three years, nor more than thirty years from this date, and shall be issued under the seal of the corporation, signed by the mayor and recorder, and be redeemable at the pleasure of the common council, after three years from the date of such issue: Pro- Proviso. vided, That any bonds bearing a less rate of interest than six per centum per annum, may, in the discretion of the common council, be made payable at any time, not more than thirty years from Idem. Water fund. Additional security. Construction and repairing of water works. port. this date, and shall not be payable at the pleasure of the common council before the expiration of such time: And provided further, That the common council shall have the right to purchase and cancel any of said bonds that may be offered for sale at any time when in the judgment of said common council the best interests of said city will be subserved thereby. The recorder shall keep an accurate record of all said bonds, and of the number, date, and amount of each, its rate of interest, when and where the same is payable, and the person to whom it is issued. Said bonds shall not be transferable, except with the written approval of the mayor and recorder endorsed on the same. SEC. (17.) 8. Whenever such bonds are voted and issued in the manner described in the preceding sections, the common council shall create a new fund to be designated "the water fund," to the credit of which shall be placed the proceeds of said bonds, together with the sums of money raised by taxation to pay the same, and the interest thereon, also all water rates collected, and such sums of money as the common council may, from time to time, order transferred from the general fund of said city to said water fund.` Said bonds, as they may fall due, and accrued interest thereon, shall be paid from said water fund, and the common council may order all expenses incurred under the provisions of this act, paid from said water fund. The common council may require from the city treasurer additional security for said water fund, in such sums, and with such sureties as it shall approve, and may grant and allow such compensation as it may deem expedient for services actually performed in carrying out the provisions of this act. SEC. (7.) 9. The construction and repairing of the water-works of said city, or any work connected therewith, and the construction and repairing of mains and pipes shall be done under the direction of such person as the common council shall, from time to time, appoint as overseer for that purpose, and shall be approved by the Overseer to re- common council, and all work done under the direction of such overseer shall be reported to the common council, from time to time by such overseer, and no money shall be paid out of the treasury on account of any work so done, until the common council shall have instructed the recorder to draw his warrant therefor. It shall be the duty of the overseer to make a report to the common council on or before the first day of March in each year, which report shall embrace all the expenditures for the work done under the control of such overseer, and a statement of the condition, progress, and operations of said water-works. Said overseer shall also make such other and further reports as said common council shall, from time to time, require of him. Common council to fix water rates. Water-rate lien. SEC. (9.) 10. Annually, in the month of June, the common council shall fix and assess the water rates to be paid for having and using water from said works, for the year next ensuing the first day of July. Said rates shall be based, as near as may be, upon the water consumed and used by the owner or occupant of each house, building, or lot using water. Such water rates shall, from and after the first day of July, be a continual lien. until paid, upon the lots, real estate, and premises on which water is used, and the rates assessed. be paid quarterly in advance. SEC. (10.) 11. The owners or occupants of lots or premises Water-rate to against which such water rates shall be assessed, shall pay the same at the office of the recorder, or at such other office in said city as the common council shall, from time to time designate, quarterly in advance, on the first day of January, April, July, and October in each year, and in case of any default in such payment the common council may collect the same by a suit at law, before any court of competent jurisdiction, and shall have the right to shut off the water from such premises, until the same is paid; said suit to be brought in the name of the city of Negaunee: Provided, Proviso. That any attempt to collect said rates by any process above mentioned, shall not invalidate the lien upon said lot or premises. SEC. 12. The common council, by its agents and servants, may May enter upon enter upon any public or private land or waters, either within or land, etc. without said city, for the purpose of making all necessary surveys, and for maintaining reservoirs, pipes, aqueducts, and other works, or of doing any other acts necessary to carry into effect the purposes of this chapter. The common council may agree with all persons interested in private property, as to the compensation to be paid for using the same for the public use in connection with said waterworks. In case of failure to so agree, the common council may May condemn proceed to condemn said property in the same manner as is hereinbe- property. fore provided for in that part of chapter five relative to taking private property for streets and alleys. The common council shall also have such other and further powers and rights not herein granted, as are given to water boards by the general laws of this State, and as are not inconsistent with the powers and rights herein granted. luting water, SEC. 13. If any person shall willfully do or cause to be done, any Injuring water act, whereby any work, materials, or other property whatsoever, works or polerected or used, within or without said city of Negaunee by said how punished. common council, or any person acting under its authority, for the purpose of procuring or keeping any supply of water, shall be injured, or shall willfully throw or place, or cause to be thrown or placed, any carcass of any dead animal or person, or any other deleterious or filthy substance [whatsoever] whatever in any reservoir, pipe, or aqueduct of said water-works, through which water for public or private use is conveyed, or shall throw, or place, or cause to be thrown or placed, any such carcasses, deleterious, or filthy substances into Teal lake, or into its inlets, or do or cause to be done, any other act to willfully pollute said water, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine not exceeding one hundred dollars, or imprisonment in the county jail of said county for a period not exceeding three months, or both such fine and imprisonment in the discretion of the court before which such case may be tried. SEC. 14. If any person shall, without the authority of the com- Idem. mon council, or its proper agents, perforate or bore, or cause to be perforated or bored, any distributing pipe, main, log, or aqueduct, |