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by the city clerk under the seal of the city: Third, from any volume of ordinances purporting to have been written or printed by the authority of the council. All ordinances in Existing force at the time of the passage of this act shall continue in ordinances force, except such parts thereof as may be in conflict with force. this act, until modified or repealed by the common council, and may be proved as provided by the former charter of the city of Flint.

CHAPTER XV.

ELECTROLYSIS.

SECTION 1. It shall be the duty of all persons, companies Duty of and corporations owning, using or operating any telegraph, companies. telephone, electric light or street railroad system, or any other business or occupation, using electricity, to so construct, manage and maintain their plant, works and all the connections thereof as not to injure any waterpipe, or any other structure or property of the city of Flint, or any other person, company or individual by means of such electricity causing electrolysis.

SEC. 2. Said city of Flint, or any other person, company Power of or corporation whose property has been injured by any such persons, etc., injured. electrical current, or electrolysis, shall have a right of action against the person, company or corporation so causing or permitting such injury for all damage, costs and expenses caused thereby.

CHAPTER XVI.

ENFORCEMENT OF ORDINANCES.

SECTION 1. Whenever any person shall be charged with Warrants, having violated any of the by-laws or ordinances of the city, style of. by which the offender is liable to imprisonment, any justice of the peace residing in said city, to whom complaint shall be made in writing and on oath, shall issue a warrant directed "to the chief of police or any policeman of the city of Flint," commanding him in the name of the people of the State of Michigan forthwith to bring the body of such person to be dealt with according to said laws or ordinances of said city, and the chief of police or policeman to whom such warrant Who to serve. shall be delivered for service, is hereby authorized and required to execute the same in any part of the State where such offender may be found, under the penalties which are by law. incurred by sheriffs and other officers for neglecting or refusing to execute other criminal process, and the proceedings re- Proceedings lating to the arrest and custody of the offender pending trial, the pleadings and all proceedings and the rendition of judg

on trial.

Expenses how paid.

ment and the execution thereof shall, except as otherwise provided in this act, be governed by and conform as nearly as may be to the provisions of law relating to proceedings in criminal causes cognizable by a justice of the peace under the general laws of this State, and all such prosecutions shall be in the name of the people of the State of Michigan.

SEC. 2. The expense of apprehending, examining, trying and committing offenders against any law of this State in the said city, and of their confinement, shall be audited and allowed and paid by the supervisors of the county of Genesee. The expenses of the apprehension and punishment of persons violating the ordinances of the city excepting such part as shall be paid by costs collected, shall be defrayed by the city, and shall be governed in amount by the laws of the State in relation to fees of justices of the peace, sheriffs, constables Costs, etc., to and witnesses in civil and criminal cases. But all costs collected, as well as all fines and penalties, shall by every officer collecting or receiving them be turned over and paid to the city treasurer.

be turned into

treasury.

City to have

jail.

SEC. 3. The corporation of the city of Flint shall be aluse of county lowed the use of the common jail of the county of Genesee for the imprisonment of all persons liable to imprisonment under the ordinances of said city, and all persons committed to jail by any justice of the peace for a violation of any such ordinance shall be in the custody of the sheriff, who shall safely keep the person so committed until lawfully discharged as in other cases. Whenever by the terms of any ordinance of said city it is provided that any person convicted of a violation thereof shall be imprisoned, said person may be confined in the county jail of the county of Genesee, a city lockup, if the city has one, or in the House of Correction in the city of Detroit in the discretion of the court. But the council may in any ordinance designate the city lockup as the place of imprisonment. confinement of persons offending against the provisions of such ordinance, and the sentence of such offender shall be When jail not SO given. It shall not be competent to use said county jail as a place of detention of any person charged with a violation of a city ordinance, when the city shall have a city lockup, unless upon a written commitment of a justice before whom the accused shall have been duly arraigned.

Council to designate place of

to be used.

Actions, how commenced.

Proviso.

SEC. 4. All actions against the city of Flint shall be commenced by summons, which shall be served on the city clerk by giving him a copy of such summons with the name of the officer serving the same endorsed thereon, or, in case of the absence of the city clerk, then by leaving such a 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 council, duly verified, at a regular meeting of the same for allowance, and until one regular meeting of the common council shall have intervened: And provided further, That

in all cases of personal injuries, notice shall be given to the city clerk in writing, duly verified, by the party injured, within sixty days from the date of receiving such injuries, that such person intends to hold said city liable, and stating the time when, and the place where such injury took place, and the extent of such injury so far as known. Which notice shall be signed by such party, or his or her attorney, and the giving of such notice shall not exempt the person injured from filing or presenting a verified claim for such injuries in the manner in this act provided for, for allowance by the council; and failure to give such verified notice shall be a sufficient defense to any action brought on account of such injuries.

incompetent

SEC. 5. In all suits in which the city of Flint shall be a Citizens not party, or shall be interested, no inhabitant of said city shall as jurors. be deemed incompetent as an officer, witness, or juror, on account of his interest in the event of such suit or action: Provided, Such interest be only such as he has in common Proviso. with the other inhabitants of said city: And provided further, That it shall not be necessary to pay or tender any fees to any witness subpoenaed on the part of the city, but such witness shall be bound to attend and shall be liable to attachment the same as if fees had been tendered or duly

paid to him. The fees of witnesses shall be allowed by the witness fees. common council on the certificate of the justice or court before whom they appeared, or city attorney.

entitled to.

SEC. 6. In all trials before any justice of the peace of Trial by jury, any person charged with a violation of any ordinance of the parties said city, either party shall be entitled to a jury of six persons; and all the proceedings for the summoning of such jury and in the trial of the cause shall be in conformity, as near as may be, with the mode of proceeding in similar cases before justices of the peace, as provided for by the general statutes; and in all cases civil and criminal, the right of Appeal. appeal, as from the justices' courts, to the circuit court of Genesee county shall be allowed, and the person appealing shall enter into a recognizance conditioned to prosecute the appeal in the circuit court, and abide the order of the court therein, or such other recognizance as is or may be required by law in appeals from justices' courts in similar cases: Provided, If any judgment in any action shall be rendered Proviso. against the city by any justice of the peace such judgment may be removed by appeal to the circuit court in the same manner and with the same effect as though the city were a natural person, except that no bond or recognizance to the adverse party shall be necessary to be executed on behalf of the said city.

SEC. 7. All fines, forfeitures and penalties imposed for Fines, etc., the violation of any ordinance of said city, may, at the election how collected. of the city attorney, be sued for, and in the name of the said corporation before any court of competent jurisdiction, in an

When imprisonment deemed waived.

Fines, etc., to be paid into city treasury.

Penalty for failure by justice.

Duties.

action of assumpsit for money had and received, and in declaring in such action it shall be deemed sufficient to refer to the ordinance claimed to have been violated, by its proper title and date of its passage. Whenever any such ordinance shall impose a fine without imprisonment, or a fine or imprisonment, or both a fine and imprisonment, action may be brought for the enforcement thereof under this section; but if brought under this section the city shall be deemed to have waived all imprisonment of the defendant. The form of the action, writ, time of return and manner of service thereof, the pleadings and all proceedings in the cause, including final writ of execution and discharge thereof, shall be and conform as near as may be to the action of assumpsit now in common use for the collection of debts and the enforcement of contracts between party and party.

SEC. 8. All fines, costs, penalties, or forfeitures recovered before any justice of the peace for a violation of the ordinances of said city, shall when collected, be paid into the city treasury; and each of said justices shall report on oath to the common council, on the first Mondays of January, April, July and October, during the term for which he shall perform the duties of said justice, the name of every person against whom judgment shall have been rendered for such fines, penalty or forfeiture, and all moneys so received, or which may be in his hands collected on such fines, penalty or forfeiture, shall be paid into the city treasury on the first Monday of the months above named, during the time said justices shall exercise the duties of said office; and for any omission or neglect in this particular, said justices shall incur a penalty of fifty dollars and the costs of prosecution (not exceeding one hundred dollars in all) and in default of payment thereof he shall be imprisoned not exceeding fifty days.

CHAPTER XVII.

POLICE.

SECTION 1. It shall be the duty of the police and night watchmen and officers of the force, under the direction of the mayor and chief of police, and in conformity with the ordinances of the city, to suppress all riots, disturbances and breaches of the peace, to apprehend any and all persons in the act of committing any offense against the laws of the State, or any ordinance of the city, and to take the offender forthwith before the proper court or magistrate to be dealt with for the offense; to make complaint to the proper officers and magistrates of any person believed to be guilty of a violation of the ordinances of the city or the penal laws of the State, and at all times diligently and faithfully to enforce all such laws, ordinances and regulations for the preservation of good

order and the public welfare as the council may ordain, and to serve all process issued under any city ordinance and directed to them for service, and for such purposes the chief of police and every policeman and night watchman shall have all the powers of constables and may arrest upon view and without process any person in the act of violating any ordinance of the city, or in the commission of any offense against the laws of the State.

CHAPTER XVIII.

CEMETERIES.

SECTION 1. Said city may acquire, hold and own such city may own. cemetery or public burial place or places, either within or without the limits of the corporation, as in the opinion of the common council be necessary for the public welfare and suitable for the convenience of the inhabitants. The common May prohibit council may prohibit the interment of the dead within the burials in city. city or may limit such interments therein to such cemetery or burial places as they may prescribe and may cause any bodies buried within the city in violation of any rule or ordinance made in respect to such burials, or when public policy shall demand, to be taken up and buried elsewhere.

care of burial

SEC. 2. The city of Flint is hereby authorized to receive May receive by bequest or otherwise money given by those who desire to money for provide for the care of burial lots in said city specifying the lots. lot or lots to be cared for. Such money shall be always kept by said city and interest paid annually thereon to the treasurer of the cemetery in which such lots are located at the rate of three per cent per annum, and the interest thus paid shall be devoted to the care and preservation of the designated lots and the monuments thereon.

care

SEC. 3. The common council shall pass and enforce all To pass ordinances necessary to carry into effect the provisions herein ordinances contained and to control and regulate such cemetery or burial cemetery. place or improvement thereof and to protect the same from injury, and to punish violations of any lawful orders and regulations.

SEC. 4. The common council shall have power also to pass Idem. all ordinances deemed necessary for the preservation and protection of any cemetery or burial place within the city belonging to or under the control of any church, religious society, corporation, company or association, and for the protection and preservation of the tombs, monuments and improvements therein and the appurtenances thereof.

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