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Financial statement to be published.
Unauthorized indebtedness not to be incurred.
False swearing deemed perjury.
Double costs to be recovered, when.
Rights and actions preserved.
alleys, parks and public grounds, and the same to alter and vacate, and to alter and vacate those already laid out; to cause sewers, drains and vaults, arches and bridges, wells and pumps and reservoirs to be built in any part of said city; to cause the grading, leveling and repairing of all streets and alleys, sidewalks, crosswalks, parks and public grounds in said city, and to prevent the obstruction or encumbering thereof.
SEC. 9. The fiscal year shall commence on the first day of March in each year, and end with the last day of February of the year following. The common council shall annually, within twenty days after the close of the fiscal year, publish a detailed statement of the receipts and expenditures for the year, and shall so group together the principal causes of expenditure as to show the expense of water supply, fire department, police services, public lighting and the like. Such statement may be published in the official paper or in handbill form for general distribution, or as the council may direct. SEC. 10. No bond or other obligation or evidence of indebtedness of said city shall ever be given or issued by said city or any officer thereof in his official capacity, whereby the city shall become obligated to pay any sum of money, except as expressly provided for in this act, but the common council may endorse on all accounts which may be presented against the city, the amounts allowed by them thereon; an account of all claims so allowed shall be kept by the city clerk in a book to be provided for that purpose; no order or warrant for the payment of money shall be drawn upon the treasurer when there shall not be sufficient funds in the treasury to pay the same.
SEC. 11. Any person who may be required to take any oath or affirmation, under or by virtue of any provision of this act, who shall under any oath or affirmation, in any statements or affidavit or otherwise, wilfully swear falsely as to any material fact or matter shall be guilty of perjury.
SEC. 12. If any suit shall be commenced against any person elected or appointed under this act to any office for any act done or omitted to be done under such election or ap pointment or against any person having done anything or act by the command of any such officer and a final judgment be rendered in such suit whereby any such defendant shall be entitled to costs, he shall recover double costs in the manner defined by law.
SEC. 13. Nothing herein contained shall be construed to destroy, impair or take away any rights or remedies acquired or given by any section of the charter of the city of Flint hereby repealed; and all proceedings commenced under such sections before the passage of this act shall be carried out and completed and all prosecutions for any offense committed, or penalty or forfeiture incurred, shall be enforced in the same manner as if this act had not been passed, but nothing in this
act contained shall be construed to impair or annul or affect any ordinance or by-law or resolution of said city, not inconsistent with the provisions of this act, but the same shall continue and be in force until the same are repealed or annulled as fully as though this act had not been enacted.
SEC. 14. The common council shall have power to permit Relative to railway electric and steam railways to cross at grade on Saginaw crossing. and Harrison streets in said city under such requirements as the railroad commissioner shall prescribe under the power conferred by the general railway laws of the State.
SEC. 15. All acts and parts of acts inconsistent herewith, Inconsistent except as herein otherwise provided, are hereby repealed. This act is ordered to take immediate effect. Approved March 21, 1901.
AN ACT relative to justices of the peace, and justice courts in the city of Flint.
The People of the State of Michigan enact:
SECTION 1. At the annual charter election held in the city when to be of Flint on the first Monday in April in the year nineteen hundred one, and at such election once in two years thereafter, there shall be elected a justice of the peace. Such justice shall be elected on the city ticket in the manner provided by law for the election of other elective city officers. No Who eligible person shall be eligible to hold the office of justice of the to office of. peace under this act unless he is an attorney at law duly admitted to practice in the circuit court of this State of three years good standing. The term of office of all persons elected Term of to the office of justice of the peace under this act shall commence on the fourth day of July next succeeding their election, and shall continue for the term of four years and until their successors shall have been elected and have qualified. SEC. 2. Such justices of the peace shall concurrently have Jurisdiction. the exclusive jurisdiction to hear, try, and determine all charges for offenses and misdemeanors alleged to have been committed within said city, and which by the general laws of the State are within the jurisdiction of justices of the peace. They shall also concurrently have the exclusive jurisdiction to hear and examine all charges for crimes alleged to have been committed within said city and which, by the general laws of the State, are examinable by and before justices of the peace, and hold to bail or commit for trial in the circuit court for Genesee county. They shall also have concurrent
Laws to govern.
To have jurisdiction in case
jurisdiction with other justices of the peace of the county of Genesee as to all crimes, offenses and misdemeanors when alleged to have been committed without said city but within the county of Genesee: Provided, however, That this section shall not affect the jurisdiction of justices of the peace now in office within said city.
SEC. 3. The general laws of the State relating to justices of the peace shall, in all things, apply to and govern the justices of the peace hereafter elected in the city of Flint, except as otherwise provided in this act.
SEC. 4. The justices of the peace elected under this act shall have concurrent jurisdiction to hear, try and determine of ordinances. all complaints for violation of any of the ordinances of the city of Flint and all persons convicted by or before such justice of the violation of any of the ordinances of said city may, by the justice before whom such conviction is had, be fined or imprisoned, or both, in the discretion of such justice, according to the terms of the ordinance under which such trial and conviction was had. And if a fine be imposed it shall be with the costs of prosecution, if the ordinance so provides, and an appeal may be taken to the circuit court for the county of Genesee by the person convicted, as in other criminal cases. All imprisonments imposed under this act may be in the county jail of the county of Genesee, or in the city jail of the city of Flint.
Cases, how appealed.
Not to receive fees.
Court room, etc., to be provided.
Prosecutions, how commenced, etc.
Bonds, how approved.
SEC. 5. No justice of the peace hereafter elected in said city shall receive any fees to his own use, but in lieu thereof shall be paid an annual salary by said city, as follows: For the years ending in July, nineteen hundred two, nineteen hundred three and nineteen hundred four, the sum of eight hundred dollars payable in installments of two hundred dollars at the end of each quarter, and each year thereafter the sum of one thousand dollars payable quarterly as aforesaid in installments of two hundred and fifty dollars each.
SEC. 6. The common council of said city shall provide a court room and a jury room attached, for the use of each of the justices of the peace, and their successors to be elected as herein provided, as the same shall be required, and to furnish the same with tables, desks, furniture, fuel, blanks and stationery, and such other things as may be necessary to properly carry on and furnish said justice courts.
SEC. 7. Prosecutions under the ordinances of the city shall be commenced and carried on in the name of the "city of Flint" and the practice in all cases under this act shall (except as herein otherwise provided) be the same, as near as may be, as in cases of like character cognizable by justices of the peace in townships.
SEC. 8. Said justices shall qualify in the manner provided by the general laws of the State, but their official bonds shall be presented to, and approved, by the common council of said city, before the same shall be filed with the clerk of said county.
to be same as
SEC. 9. Proceedings in all prosecutions for violations of Proceedings the ordinances of said city shall be the same as are now pro- provided in vided by the special charter of said city, except as herein special otherwise provided.
SEC. 10. Said justices of the peace, so to be elected in Jurisdiction. said city, shall have jurisdiction to hear, try and determine all civil actions, which may be cognizable before any justice of the peace of the county of Genesee, and in all cases where all parties to such action are residents of said city, then said justices of the peace shall, concurrently, have exclusive jurisdiction thereof, but this section shall not affect the jurisdiction of justices of the peace now in office.
to those now
SEC. 11. The justices of the peace now in office shall con- Provisions as tinue to hold their offices until the expiration of their re- in office. spective terms and so long as they remain in office their jurisdiction shall remain unchanged except that after a justice herein provided for has been elected and qualified, all cases for violation of city ordinances shall be brought before such justice as may be hereafter elected.
SEC. 12. Before any civil action or proceeding, except Amount to be proceedings in garnishment, shall be commenced before any commencejustice hereafter elected in said city, there shall be paid to ment of suits. said justice by the party bringing the suit, the sum of fifty cents, and before the trial of any such action or proceeding shall be commenced the further sum of fifty cents, but in case of non suit, no judgment fee shall be required, and proceedings in garnishment shall be treated as part of the original case, and no additional fee therefor, as justice's fee, shall be charged up to and including the entry of judgment therein, and the amount so paid shall be in lieu of justice fees, and security for costs may be required as under the general laws of the State.
SEC. 13. All proceedings before such justices of the peace, Laws conboth in civil and criminal proceedings, in the issuance and pro proceedings. service of process, the trials, docket entries and records, the collection and payment of fees and costs, appeals and certiorari and returns thereto, shall be controlled by the general laws of the State applicable thereto, except as herein otherwise provided, but this act shall in no way effect [affect] the fees to which said justices may be entitled on performance of marriage ceremonies, taking acknowledgments or administering oaths in matters not connected with any litigation before said justices.
SEC. 14. As the terms of office of the justices of the To deliver peace in said city shall expire, their dockets, and the dockets dockets, etc., then in their possession, shall be turned over to, and delivered to, the justice who shall have been last elected under this act, and said justice, to whom said docket shall be delivered, and his successor in office, shall be authorized to issue executions or other process as is now, or may be authorized by law, upon any judgment appearing thereon.
When to hold sessions.
When to pay fees, etc., to treasurer.
county liable for certain
SEC. 15. The justices elected under this act shall hold a session of court every day, Sundays and legal holidays excepted, and shall have their court rooms open at least from nine o'clock a. m. until five o'clock p. m.
SEC. 16. The justices elected under this act shall collect their fees and costs, and weekly, or oftener if required by the common council of said city, they shall severally pay over to the city treasurer of said city, all moneys received therefor, which shall belong to said city, taking duplicate receipts therefor, and filing one of said receipts, with their sworn statements of the amounts received, with the city clerk, and they shall not be entitled to receive their quarterly salaries until their accounts for the preceding quarter are fully settled, and all such fees and costs shall have been paid over as aforesaid.
SEC. 17. Summons may be signed in blank and delivered to attorneys in said city, and the same may be filled up and used by them, in all proper cases, and shall have the same force and effect as if filled up by said justice.
SEC. 18. In all prosecutions before said justices for violations of any of the general laws of the State, the county of Genesee shall be liable for justice fees, and other fees and costs, to the same extent that it is liable under the general laws of the State for justice fees, and the justice earning such fees shall make out and certify his bill for such fees and present the same to the board of supervisors of said county at each of its regular sessions, and such board shall allow the same as in other cases of bills from justices of the peace, and the amount of the order therefor shall be paid over and delivered by such justice to the city treasurer in the manner herein provided.
SEC. 19. All acts and parts of acts relative to justice courts and justices of the peace within the city of Flint, inconsistent with this act, are hereby repealed.
This act is ordered to take immediate effect.