How empaneled.

What to determine.

holders of said city, to appear before the said justice of the peace, at a time and place therein to be stated, to inquire into and determine the necessity for using such property, and the just compensation to be paid therefor to the owner or owners of, or parties interested in said property, or premises; and in the empaneling of such jury, the right of challenge, enforcement of attendance and summoning of talesmen is hereby conferred as is provided by general law in this State for justice courts in civil cases, except that talesmen shall have the same qualifications required of jurors herein, and that no more than two peremptory challenges shall be permitted to the corporation, and a like number to the individual or individuals collectively, whose property is sought to be taken; and the challenge to the array shall be in writing, and shall specify the cause. The said jury, being first duly sworn by said justice, faithfully and impartially to inquire into the necessity for taking or using such property 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 damages and recompense as they shall judge fit to be awarded to the owner or owners or the parties interested in such grounds and premises. for their respective injuries, according to the several interests or estates therein; and the said justice shall, upon the return of such assessment or verdict, enter judgment therefor, confirming the same; and the determination of such jury as to the necessity of taking such private property for public use shall be final and concluProviso as to sive: Provided. That any party to said suit, considering himself aggrieved by such verdict and judgment, may, as to the. amount of damages awarded, appeal from such judgment to the circuit court for the county of Bay, or to any court of competent jurisdiction, upor giving notice of his, her, or their intention so to do, to said justice, and filing a bond with said justice in the penal sum of two hundred dollars, with sureties to be approved by the justice, which bond shall be conditioned that the party appealing will prosecute the appeal to effect and pay any costs that may be awarded against appellants in the circuit court: Provided, That where Bay City appeals, the bond shall not be required. Said appellant or appellants shall cause to be filed with the clerk of the circuit court a transcript of the proceedings aforesaid, duly certified by said justice of the peace, within thirty days after the entry of the judgment of said justice the sum of three dollars for making When circuit the return to such appeal. Upon filing the justice's return as aforesaid, the circuit court shall have jurisdiction of the case. The parties may proceed to trial by jury as to the amount of damages only, without reference to any term of court. The appeal of one or more persons shall not in any way affect said judgment as to the other persons interested therein who Jury, how em- do not appeal. Upon the day which the said circuit court shall set for the trial of said cause, the sheriff, under sheriff, or deputy sheriff, of the county of Bay, shall make a list of twenty-four resident freeholders of the city of Bay City, and

appeal.

Proviso.

court to have jurisdiction.

paneled in

circuit court.

termine.

the city attorney or his assistant, and the respondents collectively, shall each have the right to strike six names from the list of persons written down as aforesaid, and subject to objection for cause, the twelve persons whose names are left on the list shall compose the jury for the trial of the cause, and shall be summoned to attend at such time as the court shall direct, by a venire issued by the clerk of the court, and to be served by one of the officers aforesaid. If the respondents neglect or refuse to strike six names from said list, the same shall be done by the judge of the court, and in case any of the persons summoned upon said jury cannot be found, or being summoned do not attend, or shall be excused for cause, or otherwise, talesmen possessing the necessary qualifications may be summoned as jurors in the case, by said sheriff or other officer aforesaid, and the practice and proceedings under this act, except as herein provided relative to empaneling, summoning and excusing jurors and talesmen, and imposing penalties and fines upon them for non-attendance, shall be the same as the practice and proceedings of the circuit courts of the State relative to petit jurors in civil cases in such courts, except that peremptory challenges shall not be allowed. The said jurors shall be duly sworn to faithfully What to deand impartially determine the just compensation to be paid for the property proposed to be taken, and having viewed the premises, if necessary, shall assess such damages as they shall judge fit to be awarded to the owner, owners or parties interested in such property, for their respective injuries according to their several interests or estates therein. The verdict or Verdict to be finding of said jury upon the question of damages shall be conclusive, and when the judgment in the circuit court shall not exceed the damages assessed before the justice by at least twenty-five dollars, or when said city appeals, if said judgment of the justice shall not be reduced, a like amount, then the party appealing shall pay all costs occasioned by such appeal, otherwise such appellant shall be entitled to costs. The council shall pay, or cause to be paid, the several sums Amount awarded in either of the courts aforesaid out of the special paid. improvement fund, if there are sufficient moneys in the treasury belonging to that fund to pay the same. If there are not sufficient of such moneys in said treasury to pay said award, the council is authorized to and shall cause an order to be drawn on such fund, with interest at six per cent, payable at some future day within one year from date, as a security to the person or persons to whom such compensation shall be awarded, for the amount of such compensation so awarded to him or them, and shall deliver the same to such person or persons, or his or their agent or attorney. It shall thereupon be lawful for said council to cause such grounds to be occupied for the purposes, aforesaid.

conclusive.

awarded, how

SEC 39. Whenever the council shall deem it necessary to Question of issuing bonds, issue the bonds of the city for any purpose, the question of to be subthe issuing of said bonds shall be submitted to the electors mitted to of the city at the annnual election in April, or at the general

electors.

conducted.

election in November, and at least thirty days' notice of such submission shall be given immediately preceding said election, by publication in the official paper of said city, specifying the amount of and not exceeding fifty thousand dollars, and the object for which it is proposed to issue said bonds, except Election, how as herein otherwise provided. A separate ballot box shall be provided for the receiving of ballots, and the votes on said question shall be canvassed, declared and returned, and all things with reference thereto done in the same manner, as near as may be, as in the case of election of city officers. At the close of such election the inspectors of election shall make two certificates of the number of votes given for and against such issue of bonds, one of which shall be forthwith deposited with the recorder of said city, and the other filed in the office of the county clerk of Bay county: Provided, That not more than two such elections on the question of issuing bonds as aforesaid shall be held in any one year.

Proviso.

Rate of interest bonds to bear.

par.

SEC. 40. Said loan or loans shall be secured by the bonds of the city, payable at such times, not less than ten years after the date of their issue, and shall bear such rate of interest, not exceeding five per cent per annum, as said comNegotiated at mon council shall determine. The said bonds shall be endorsed, "Bay City bonds," and numbered consecutively; and no sale thereof shall be negotiated at less than face value or par. The proceeds derived from the sale of said bonds shall be paid to the city treasurer, and by him placed to the credit of a fund to be known as the bond fund. No appropriation or payment out of said fund shall be ordered by the common council or made except for the purposes for which said bonds were issued.

Proceeds,

how used.

Council to provide tax for payment of bonds.

May make

contracts for keeping of moneys.

To regulate use of Park ave. sewer.

SEC. 41. Whenever the council shall be authorized by a vote of the taxpayers, as provided in this act, they may issue the bonds of the city for the amount as voted, and provide for the payment of the princpal and interest thereon, and for this purpose shall annually levy, assess and collect on the assessed value of all real and personal estate in said city, made taxable by the laws of this State, taxes 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 said taxes are levied, and the principal as it shall become due.

SEC. 42. The council shall have power to contract with any bank, banks, banker or bankers, in said city, for the safe keeping of public moneys belonging to, or in the custody of said city, and for the payment of interest thereon, at a rate not exceeding that established by law, upon such moneys of the corporation, or in its custody, deposited with such bank, banks, banker or bankers, by said city, or proper officer thereof, and such interest shall belong and be credited to the contingent fund of said city.

SEC. 43. The common council of said city is hereby authorized and empowered to, and shall license and regulate by ordinance the use of Park avenue sewer or drain, and no person shall be allowed to tap said sewer or drain, or to connect

rived from,

any lateral sewer or private drain therewith, or make any use thereof, without first obtaining a license and paying therefor such sum or sums as said council shall by ordinance prescribe; and said council shall prescribe a fee to be paid before such license shall issue. The moneys derived from the Moneys delicenses so issued shall be placed to the credit of said Park how used. avenue sewer fund and shall be used towards payment of the principal and interest on said bonds. Said Bay City shall be in no wise liable to any person for damages resulting from the operation, defect or insufficiency of said sewer or drain or from the negligence or act on the part of any of its officers, agents or employes in its exercise of the powers hereby conferred.

executive of

officio member

SEC. 44. The mayor of the city, chosen and qualified as To be chief hereinbefore provided, shall be the chief executive officer of ficer. Bay City, and conservator of its peace. He shall be ex officio To be ex a member of the board of supervisors of Bay county, shall of board of attend all meetings thereof and be entitled to vote upon all supervisors. matters that may be brought before said board, and shall receive the same compensation therefor, to be audited by said board and paid by the county, as is authorized by law to be paid township supervisors; he shall also be ex officio a member and the chairman of all boards created under and by virtue [of] the provisions of this act, excepting the board of education, the board of assessors, and as herein otherwise provided. SEC. 45. It shall be the duty of the mayor to be at all To cause entimes vigilant and active in causing the laws for the govern- laws. ment of the city to be duly executed and put in force to observe the conduct of all subordinate officers in the government thereof, whether appointed by the council or any board or commission of Bay City, and so far as may be in his power, to cause all negligence, carelessness and positive violation of duty to be duly prosecuted and punished.

forcement of

ecutive of

SEC. 46. The mayor may, at any time, call together the Duties as exheads of all departments, or any other city officers, whether ficer. elected or appointed, for consultation and advice upon the affairs of the city; and at such meetings, and at all times, they shall furnish such information as to matters under their control as the mayor may request. It shall be the duty of the mayor to secure the honest, economical and efficient conduct of the entire executive and administrative business of the city, and the harmonious action of the different departments, the executive powers of the city being hereby vested in the mayor, except as in this act otherwise provided, to be exercised through the several officers and boards of the city, in their respective departments, who shall at all times be accountable to the mayor for the proper discharge of their duties.

May call

meetings of council.

May assume command of

police.

May remove officers.

Proviso.

May administer oaths, etc.

To preside over council.

absence of.

SEC. 47. The mayor shall have power, whenever in his judg ment the good of the city may require it, to summon meetings of the council and to report to them any violation of the laws. and communicate to them such information, and recommend such measures as may tend to the improvement and better government of the city, or such measures as he may deem necessary or expedient.

SEC. 48. The mayor shall have power at any time in any emergency, of which he alone shall be the judge, to assume command of the whole or any part of the police force of Bay City.

SEC. 49. The mayor may suspend or remove any member of any board or commission, or any appointed officer or agent of the city, for good and sufficient cause, which must be assigned in his order of suspension or removal: Provided, however, That he shall communicate such order of suspension or removal, together with his charges against the person suspended or removed, to the common council within two weeks from the date of said order; and thereupon the person so suspended or removed shall be furnished with a copy of the said order and of the charges against him, allowed to be heard in his defense with the aid of counsel, and if said charges are found to be true, and are sustained by two-thirds vote of all the aldermen elect, then said order of suspension or removal shall stand and remain in full force, but not otherwise.

SEC. 50. The mayor shall, by virtue of his office, be authorized to administer oaths and affirmations, and shall affix to all official certificates and conveyances the seal of the city. He shall sign all licenses or permits issued or granted by the council which shall be attested by the recorder.

SEC. 51. The mayor shall preside at all meetings of the council, but in case of absence, inability, neglect or refusal to perform the duties of presiding officer, the acting mayor shall preside and act in his stead; and in case of the absence, inability, neglect or refusal of both mayor and acting mayor to so act and perform such duties, the council shall have power to appoint a president pro tempore, who shall preside Who to act in at such meetings. In case of the death, inability, continued absence or resignation of the mayor, or in case of his neglect, refusal or inability to perform the duties of his office, the same shall devolve upon the president of the council; and if there be no such president of the council, then the said duties shall devolve upon the president pro tempore of the council until such disability ceases, or until the vacancy is filled as provided by this act. The person upon whom such duties shall devolve shall be styled "acting mayor."

Veto powers of.

SEC. 52. If the mayor, or acting mayor, shall file with the recorder his objections in writing to any ordinance, resolution or order of the council within three days after the pas sage of the same, setting forth his reasons for disapproving of the same; then such ordinance, resolution or order of the council shall not become operative or take effect, unless again