duties.

Of said board so appointed, one member shall hold his office Term. for the term of one year and one member for the term of two years, and thereafter in each year, at the time aforesaid, a member of said board shall be appointed in the manner aforesaid to take the place of the member whose term of office expired, and who shall hold his office for the term of two years. The said board of health shall have power, and it shall be Powers and their duty to take such measures as they shall deem effectual to prevent the entrance of any pestilential or infectious diseases into said city; to stop, detain and examine for that purpose every person coming from any place infected or believed to be infected with such disease; to establish, maintain and regulate a pest-house or hospital or both at some place in said city, or not exceeding three miles beyond its limits or bounds; to abate all nuisances of every description, which are or may be injurious to the public health, or in any way and manner they may deem expedient, and from time to time to do all acts, make all regulations and recommend to the common council to pass such ordinances as they shall deem necessary or expedient for the preservation of health and the suppression of disease of said city, and to carry into effect and execute the powers hereby granted. Said board of health shall also have and exercise within and for said city all the powers and authority conferred upon boards of health by chapter forty-six of the compiled laws of eighteen hundred and seventy-one, so far as the same are applicable and consistent with this act, and such powers as are now or may be hereafter granted to boards of health by the general laws of the State. The said health officer shall have such powers and Powers of perform such duties as are conferred upon or required of health officers of cities and townships appointed under the general laws of the State, and shall perform such other duties pertaining to his office as may be required by the board of health of said city.

health officer.

physicians to

SEC. 2. Every keeper of an inn or boarding house or lodg- Inn keepers. ing house in said city, who shall have in his or her house at report cases any time any person sick with any infectious or pestilential of disease. disease, shall report the fact and the name of the person in writing within six hours after such sick person came to the inn or house or was taken sick therein, to some officer or member of the board of health. Every physician in said city shall report under his hand to the health officer, the name, residence and disease of every patient, whom he shall have sick with an infectious or pestilential disease within six hours after he shall have visited such patient. A violation Penalty for of either of the provisions of this section or any part of either failure to shall be a misdemeanor punishable by a fine or imprisonment or both, the fine not to exceed one hundred dollars nor the imprisonment three months.

report.

Meetings of board.

Clerk.

SEC. 3. The board of health shall hold regular meetings. on the last Tuesday of each month, and special meetings at the call of the health officer. The city clerk shall be the clerk of said board and keep a correct record of its proceedings. Compensation. The members of such board of health shall receive such compensation for their services as the common council deem reasonable.

Powers of council.

Chief engineer.

Firemen.

Vacancies.

CHAPTER XXV.

FIRE DEPARTMENT.

SECTION 1. The common council shall have power to enact such ordinances and enforce such regulations as they shall deem necessary to guard against the recurrence of fires and to protect the property and persons of the citizens against damage and accident resulting therefrom; and for this purpose to establish and maintain fire, hose and hook and ladder companies; to employ and appoint firemen; to make and establish rules and regulations for the government of the department, the employes, firemen and officers thereof; and for the care and management of the engine, hose, apparatus, property and buildings pertaining to the department and prescribing the powers and duties of such employes, firemen and officers. They shall also have such further powers and duties in relation to fires and the prevention thereof and to the fire department of said city as are conferred by the provisions of chapter twenty-nine of act number one hundred and seventyeight of the session laws of eighteen hundred and seventythree, entitled "An act for the incorporation of cities," approved April twenty-nine, eighteen hundred and seventythree, being subdivision twenty-nine of chapter eighty, Howell's annotated statutes, or which are now or may be at any time hereafter conferred by the general laws of the State. SEC. 2. At the first regular meeting in the month of May, or as soon thereafter as may be, the common council shall proceed to elect a chief and a foreman of the fire department, whose term of office shall be for one year and until their successors are elected and qualified, unless sooner removed by a majority vote of all the aldermen elect. The positions of drivers and firemen shall be filled upon the recommendation of the chief and the approval of a majority of all the aldermen elect. Temporary vacancies may be filled by the chief until the next regular council meeting. The chief and all members of the fire department shall at all times be subject to such rules and regulations as the common council shall adopt for their government.

CHAPTER XXVI.

MISCELLANEOUS PROVISIONS.

approve.

SECTION 1. Treasurer's bond. The treasurer of said city Council to shall, before entering upon the duties of his office file with require and the city clerk his bond, conditioned for the faithful performance of his duties as such treasurer, in such amount and with such sureties as the common council shall require and approve; and such treasurer shall give to the treasurer of the county of Genesee such other security, as is now or may be hereafter required by law of township treasurers of the several townships of this State; and for the purposes of the return of all such taxes and the return of all property delinquent for the non-payment of taxes, the treasurer shall Powers of possess all the powers and perform all the duties of the several township treasurers of this State, as prescribed by law.

treasurer.

property

poses.

summoned.

SEC. 2. Whenever in laying out or altering any street, lane Private or alley, park or public ground of said city, the common coun- taken for cil shall require for such purpose the grounds of any person, public purthey shall give notice thereof to the owner or person interested, or his or her agent or representative by personal service, or by written notice posted in three public places in said city, at least three weeks preceding the meeting of said common council for the purposes aforesaid, and the said common council is authorized to treat with such person or persons for such ground or premises, and if such person or persons shall refuse to treat for the same, or if the parties cannot agree therefor, it shall be lawful for the mayor of said city to issue a venire facias to command the chief of police or any constable of said city to summon and return a jury of twelve dis- Jury to be interested freeholders to appear before said mayor, at any time therein to be stated, to inquire into and determine the necessity of using such ground for such improvement, and to ascertain the just compensation to be paid therefor to the owner of or parties interested in such grounds or premises, which jury being first duly sworn by said mayor faithfully and impartially to inquire into the necessity for taking or using such ground, and to ascertain and determine the just compensation to be paid therefor, and having viewed the premises if necessary, shall inquire of and assess such dam- To assess ages and recompense as they shall judge fit to be awarded damages. to the owner or owners of or parties interested in such grounds or premises for their respective injuries according to the several interests or estates therein: Provided, That notice Proviso. of the time and place when such jury will meet as aforesaid shall be served personally on the persons interested in the premises proposed to be taken or be published at least one week in the official paper of said city; and upon the return

Tender amount

to owner.

Claimant may appeal.

Council may remit taxes.

Electors to vote on such remission.

General duties

city officers.

of the assessment or verdict of said jury, the mayor shall enter judgment therefor confirming the same; and such sum or sums so assessed shall be paid or legally tendered before such street, lane, alley, park or public ground shall be made, laid out, altered or opened, to the claimant or claimants thereof; it shall thereupon be lawful for said common council to cause said grounds to be occupied for the purposes aforesaid: Provided, That any party claiming damages as aforesaid may have the right to remove such proceedings by appeal to the circuit court, or any court of competent jurisdiction, upon giving notice of his or her or their intention to do so to said mayor in writing, within ten days, or in case of the absence of said party from the city at the time of the rendition of the judgment, then within thirty days after the verdict of such jury and the judgment of such court aforesaid; and upon filing a transcript of the proceedings aforesaid duly certified by the mayor, within forty days after the verdict and judg ment in the circuit court or in any other court of record having appellate jurisdiction, the same proceedings shall be had as is or may be prescribed by law in other cases of appeal. SEC. 3. The common council shall have power by a twothirds vote of all members elect to contract with persons or corporations starting new manufacturing or other business enterprises within said city for the remission of all general municipal taxes of the city on the property real and personal, of such persons or corporations actually used for the purpose of such new manufacturing or business enterprises, for such a period not exceeding ten years as the common council may deem for the interest of the city: Provided, That such contract shall have no binding force until approved by a vote of the taxpaying electors of the city specially called for that purpose.

SEC. 4. The common council of said city is hereby authorof council and ized and required to perform the same duties in and for said city as are by law imposed upon the township boards of the several townships of this State, in reference to school taxes, county and State taxes, the support of the poor, and State, district and county elections; and the supervisors, justices of the peace, city clerk and all other officers of said city, who are required to perform the duties of township officers of this State, shall take the oath, give the bonds, perform like duties, and receive the same pay and in the same manner and be subject to the liabilities as provided for the corresponding township officers, except as otherwise provided in this act, or may be provided by the ordinance of the common council, and the supervisors shall also perform the duties of assessors in their respective wards.

Tax for use of sewers,

drains.

SEC. 5. The common council shall have full power to assess and collect of each individual using or being benefited by any public sewer or drain, as follows, to wit: The sum of one dollar and fifty cents annually for each cellar drained

directly or indirectly, for a drain into any public drain or sewer; which assessment shall be taken to include all other drainage of the premises, to which said cellar specially belongs; and the sum of fifty cents annually for each lot or subdivision of a lot being without a cellar drained as aforesaid into any public drain or sewer, and such sum as may be fixed by the common council for all establishments requiring an unusual or extraordinary amount of drainage drained as aforesaid, which sums when collected shall constitute the sewer fund, and shall be expended exclusively for the repair and construction of sewers; and the collection of the charges How collected. to individuals for drainage in this section provided, shall be enforced in such manner as the common council may by ordinance direct.

SEC. 6. Whenever, in the opinion of the common council, Unsafe buildany building, fence or other erection of any kind, or any part ings, fences. thereof is liable to fall down, and persons and property may be thereby endangered, they may order any owner or occupant of the premises on which said building, fence or other erection stands, to take down the same or any part thereof, within a reasonable time to be fixed by the order or immediately as the case may require, or may immediately, or in case the order is not complied with, cause the same to be taken down at the expense of the city on account of the owner of the premises and assess the expense on the land on which it stood; the order, if not immediate in its terms, may be served on any occupant of the premises, or be published in the city paper as the common council shall direct.

whom and

SEC. 7. All fines imposed for the violation of the ordinances Fines, to of the city if paid before the accused is committed, shall be when paid. received by the court or magistrate before whom the conviction was had. If any fine shall be collected upon execution, the officer or person receiving the same, shall immediately pay over the money collected to such court or magistrate. If the accused be committed, payment of the fine and costs imposed shall be made to the sheriff or other keeper of the jail or prison, who shall, within ten days thereafter pay the same to said court or magistrate, and the court or magistrate receiving any such fine or penalty or any part thereof, shall pay the same into the city treasury. Fines paid into the city treasury for violation of the ordinances of the city shall be disposed of as the common council may direct.

etc.

SEC. 8. The common council shall have power to regulate of streets, the time and manner of working upon the streets, lanes, parks, bridges, alleys in said city; to provide for the grading, paving, planking and railing of all streets, lanes and alleys, sidewalks and crosswalks, and to prescribe the width thereof; to cause sidewalks to be frequently inspected for the public safety, and when found defective to be summarily repaired, and the expense thereof to be paid from the general highway and street improvement fund; to lay out and open all streets, lanes and