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Territory detached.

Taxes levied,

[No. 316.]

AN ACT to detach certain territory from the township of Breitung in the county of Dickinson, and attach the same to the township of Sagola in said county.

The People of the State of Michigan enact:

SECTION 1. That the north half of township numbered fortyone north of range numbered thirty west, in Dickinson county, shall be and the same hereby is detached from the township of Breitung and attached to and hereafter shall constitute a part of the township of Sagola in said county of Dickinson.

SEC. 2. All taxes heretofore levied upon the territory afhow affected. fected by this act shall be collected and be paid over to said township of Breitung, the same as though this act had not passed.

Acts repealed.

SEC. 3. All acts and parts of acts contravening any of the provisions of this act are hereby repealed.

This act is ordered to take immediate effect.
Approved March 1, 1901.

Sections and chapters amended.

[No. 317.]

AN ACT to amend section three, chapter one; section one, chapter two; section three of chapter three; sections fourteen and sixteen of chapter fourteen; section thirty-five of chapter seventeen; and sections one and three of chapter twenty-two; and to add a new section to chapter seven to be known as section sixty-two; and to add a new chapter thereto to be known as chapter twenty-three of act number three hundred ninety of the local acts of eighteen hundred eighty-five, and the amendments thereto, entitled "An act to amend and revise the charter of the city of Port Huron," approved June seventeenth, eighteen hundred eighty-five.

The People of the State of Michigan enact:

SECTION 1. That section three, chapter one; section one, chapter two; section three of chapter three; sections fourteen and sixteen of chapter fourteen; section thirty-five of chapter seventeen; and sections one and three of chapter twenty-two, of act number three hundred ninety of the local acts of eighteen hundred eighty-five, and the amendments thereto, entitled "An act to amend and revise the charter of the city of Port Huron," approved June seventeenth, eighteen hundred eighty-five, be and the same are amended so as to read as

hereinafter set forth; and that there be added thereto a new chapter to stand as chapter twenty-three, and one new section to stand as section sixty-two of chapter seven, said amended sections and said added chapter and section to read as follows:

CHAPTER I.

limits.

SEC. 3. The territorial limits of said city shall consist of Territorial all that tract of country in the county of St. Clair, bounded and described as follows, to wit: Commencing at a point in the national boundary line in St. Clair river where the same would be intersected by the section line projected between sections twenty-one and twenty-eight, in town six north of range seventeen east; thence running westerly along the center of the highway between said sections to its intersection with the east line of the highway along the west line of said section twenty-one; thence running north along the east line of the highway between sections twenty-one and twenty to the center line of the highway running east and west between sections sixteen and twenty-one; thence running east along the center line of said highway to the east line of the highway running north and south through the center of said section sixteen; thence north along the east line of said highway to the south line of Lapeer avenue; thence westerly along the south line of Lapeer avenue to a point where the Indian reservation line intersects said Lapeer avenue; thence in a northwesterly direction along said Indian reservation line to the south line of the Bon Homme tract; thence northeasterly along the south line of said Bon Homme tract to the center of Black river; thence up the middle line of Black river to a point where the same would be intersected by the northwest corner of the McNeil tract in the township of Fort Gratiot; thence easterly along the north line of said McNeil tract to a point where the west line of Lakeside cemetery intersects the north line of said tract; thence north along the west boundary of said Lakeside cemetery, said line being the west line of the east fractional part of section twenty-seven, in town seven north of range seventeen east, to the north line of said section twenty-seven; thence east along the north line of said section twenty-seven and the north line of said fractional section twenty-six to the westerly line of the highway known as Lakeside turnpike, or extension of Gratiot avenue; thence northerly along the west line of said last named highway, to the north line of section twenty-two; thence east along the north line of said section twenty-two, town seven north of range seventeen east, to the national boundary line in Lake Huron, and thence southerly along said national boundary line in Lake Huron and river St. Clair to the place of beginning.

Officers to be elected.

Proviso as to change in ward

boundaries.

CHAPTER II.

SECTION 1. The following officers of the corporation shall be elected on the city ticket at every general biennial election in said city, by the qualified voters thereof, to wit: A mayor, a city clerk, a city treasurer, and one member of the board of estimates, who shall hold their respective offices for the term Term of office. of two years, and until their successors are elected and qualified. In each ward there shall be elected at each annual city election, by the qualified voters thereof, one alderman for the term of two years, one member of the board of estimates, and one constable for the term of one year, each: Provided, That when it becomes necessary by reason of change of boundaries of any ward, to elect two aldermen, one shall be elected for Compensation one year and one for two years; the aldermen of said city shall of aldermen. receive, to be paid out of the city treasury, the compensation of five dollars for each and every regular meeting actually attended by them; it shall be the duty of the city clerk to file with the controller of said city, on the morning succeeding each regular meeting of the common council, a statement, showing the names of the aldermen attending such meeting. The office of supervisor, as heretofore existing under the provisions of this charter, is hereby abolished. The aldermen of Who to repre- the several wards of the city, whose term shall soonest expire, and the mayor and city attorney of said city, shall, in addition to other officers already authorized under said charter, represent said city and the several wards thereof, upon the board of supervisors, and shall perform all the duties pertaining to the supervisors of townships, not inconsistent with the terms of this charter, and they are hereby vested with all the powers and duties of the supervisors as members of said board and shall attend all sessions thereof.

Office of supervisor abolished.

sent city on board of supervisors.

Annual city election.

Proviso.

Proviso.

Ward to be an election district.

CHAPTER III.

SEC. 3. The annual city election shall be held on the first Tuesday after the first Monday in November of each year: Provided, That the city officers, to wit: The mayor, city clerk, treasurer and member of the board of estimates shall be elected on the first Tuesday after the first Monday in November at each general biennial election, and all officers except those elected to fill vacancies, shall assume the duties of the office to which he is elected, on the first Monday of January following, except the city treasurer, who shall assume the duties of his office on the first Monday of April, following: Provided, That the present mayor, city clerk and member of the board of estimates whose term of office would, under the present charter, expire on the first Monday of January, nineteen hundred two, shall expire on the first Monday in January, nineteen hundred three. Each ward shall be an election district, and such election shall be held at such places in each ward as the common council shall designate; each elector

elector.

Power of

districts in

shall vote in the ward in which he resides, and the residence Residence of of an elector, under the act, shall be the ward in which he lodges: Provided, That the common council shall have the Proviso. power to designate and define the boundaries of two election council as to districts in any of the wards of said city, if the number of election votes in such ward shall exceed four hundred, such number wards. to be determined by the number of votes cast at the last preceding election. In case of two election districts being established in any of the wards of said city, it shall be the duty of the common council to appoint the necessary boards of regis tration and boards of election inspectors and provide for the holding of election in such districts.

CHAPTER VII.

sale of

SEC. 62. The common council shall have power to pro- May prohibit hibit the maintenance of any saloon, or other place where liquors, etc. intoxicating liquors are kept for sale at retail, within six hundred feet of any public school building within the said city.

CHAPTER XIV.

of police

SEC. 14. Said justices of the peace shall have exclusive Exclusive jurisdiction of all such civil actions and proceedings, as by the jurisdiction. general laws of the State are within the jurisdiction of justices of the peace. The police justice and assistant police Jurisdiction justice elected in the city of Port Huron and duly qualified justice. according to law shall have original jurisdiction of all civil actions wherein the debt or damages do not exceed the sum of one hundred dollars, and concurrent jurisdiction in all civil actions wherein the debt or damages do not exceed the sum of five hundred dollars, except as provided in section seven hundred and four of the compiled laws of the State of Michigan of eighteen hundred ninety-seven. The justices of Justices in the peace known as police justice and assistant police justice affected. now in office shall continue to hold their offices until the expiration of their respective terms, and until their successors are elected and qualified as herein provided.

office not

etc.

SEC. 16. Before any civil action or proceeding, except pro- Justice fees, ceedings in garnishment, shall be commenced in said justice's court there shall be filed with such justice by the party commencing such action, a precipe for the writ desired to be issued and the party commencing such proceeding shall at the same time pay or cause to be paid to the clerk, the sum of fifty cents, and before the trial of any such action or proceeding shall be commenced the further sum of fifty cents shall be paid to said clerk by the party bringing such action, but in cases of non-suit no judgment fee shall be required. In all cases actually contested by the defendant there shall be paid to said clerk by the party bringing such action the sum of one

Security for costs.

How may provide for re

dollar additional. If more than one day is occupied in the trial of any case, there shall be paid to the clerk the sum of one dollar additional, by the party bringing such action, for each and every day or part of a day so occupied. Whenever after disclosure filed in garnishment a summons to show cause shall be desired, the party desiring such summons shall pay or cause to be paid to the clerk of said court the sum of twenty-five cents and before the trial of the issue under such summons to show cause shall be commenced, the further sum of twenty-five cents shall be paid by the party prosecuting such action. The amounts herein provided to be paid shall be in lieu of all other justice's fees, and there shall be no charge for issuing executions. No process shall be issued out of said court until the provisions of this section shall have been complied with. Security for costs may be required as under the general laws of the State.

CHAPTER XVII.

SEC. 35. The common council shall, with the approval of paving fund. the board of estimates, have power to provide for the repaving fund by borrowing upon the faith and credit of the city, and upon the best terms that can be made, such sums of money as shall be deemed necessary and expedient, and to issue the bonds of said city therefor. That the cost of repaving done in any one year shall not exceed the sum of forty thousand dollars, and that there shall not be outstanding at any one time repaving bonds to exceed the sum of one hundred thousand dollars.

May issue bonds. Limit of expense.

Police force,

management

Police commission, of whom to consist.

Term for which appointed.

CHAPTER XXII.

SECTION 1. The police force of the city of Port Huron, as and control of. now organized, shall be under the control and management of a police commission, hereby created; such commission shall consist of the mayor, who shall be ex officio member and chairman of said board, and four other persons, one of whom shall be appointed for one year, one for two years, one for three years, and one for four years, from the first Monday in May; and annually thereafter, one commissioner shall be appointed; they shall be known as police commissioners; they shall be appointed by the common council upon the recommendation of the mayor, and all vacancies shall be filled in such manner within thirty days after such vacancy occurs. Such police commissioners shall be selected irrespective of non-partisan. politics, and not more than two of them shall be identified Term of office. With the same political party; they shall hold office for the term of four years and until their successors are appointed, and qualified, and when so appointed, they shall qualify by taking the same official oath as other officers of said city.

Vacancies, how filled.

Board to be

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