Twenty. sixth section of act of April 5, '38, repealed. Election held in Mar. '38, and cer tain acts of common council legalized. Common council to furnish fire engine. house. Repealing clause. [No. 34.] AN ACT to amend "An act to incorporate the village of Niles, and the acts amendatory thereto." Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the twenty-sixth section of the act approved April fifth, eighteen hundred and thirty-eight, entitled "An act to amend an act entitled 'An act to incorporate the village of Niles, and the act or acts amendatory thereof," be and the same are hereby repealed. Sec. 2. The election held by the electors of the village of Niles, on the first Monday of March, eighteen hundred and thirtyeight, for a president, recorder, treasurer and six trustees, is hereby legalized to the same effect, as though the said election had been held according to the provisions of "An act to amend an act entitled 'An act to incorporate the village of Niles, and the act or acts amendatory thereof,'" and all corporate acts done and performed by the common council, and officers of the said corporation of the village of Niles so elected on the said first Monday of March, eighteen hundred and thirty-eight, shall be deemed and taken as valid and binding: Provided, however, That in all other respects the said common council and officers of the said corporation shall have complied with the laws of this state and the acts of incorporation of said village: And provided further, That nothing herein contained shall be so construed as to take away, or impair any vested right, nor to sanction any sale of real estate by reason of any tax heretofore by said corporate authorities assessed, provided for or directed to be levied, that may have been made before the passage of this law. Sec. 3. The common council of said village of Niles are hereby authorized and empowered to build or otherwise furnish at the expense of their corporation, a fire engine house: Provided. however, That any assessment of taxes for the above mentioned purpose, shall be directed and authorized by the electors of said village in legal meeting assembled. Sec. 4. All acts and parts of acts contravening the provisions of this act, be and the same are hereby repealed. Approved March 26, 1839. [No. 35.] AN ACT relative to ward elections in the city of council der and twelve alder men; City to be divided into six wards; each to elect men, &c. Section 1. Be it enacted by the Senate and House of Represen- Common tatives of the State of Michigan, That from and after the passage consist of of this act the common council of the city of Detroit, shall consist mayor, recorof a mayor, recorder, and twelve aldermen, (of whom the mayor twelve or recorder and six aldermen, shall constitute a quorum,) who quorum. shall be elected and chosen as follows: the city shall be divided into six wards, in the manner hereinafter mentioned, each of which shall elect as members of the common council two alder- two aldermen. One of said aldermen in each ward shall serve until the first Monday of March, eighteen hundred and forty, and the other until the first Monday of March, eighteen hundred and forty-one; the time for which each alderman shall serve to be determined by the inspectors of the election in each ward by lot, and from and after the first Monday of March, eighteen hundred and forty, each ward shall elect annually one alderman, who shall serve for two years. They shall also elect the other city and township officers which by law are now elective, in the manner hereinafter provided. office of In case of a vacancy in the office of alderman, it shall be Vacancy in the duty of the common council to give notice of a special election alderman. to be held by the freemen of the proper ward to fill such vacancy, which notice shall designate the time and place in said ward of holding said election, as hereinafter mentioned. ter elections notice there The charter election shall be held on the first Monday of When charMarch in each year, (except for the present year, in which for the to be held; purpose of holding an election under this act, it shall be held on of the third Monday of April,) at such places in the respective wards as shall be designated by an order of the common council, at least eight days previous thereto, notice of which shall immediately or within three days from the date of such order be given by the city clerk by publication in the newspaper published by the city printer, and at the first election under this act in April of the present year, by posting the same in handbills in at least four public places in each ward. vote in ward Sec. 2. At all city elections every freeman shall vote in the Freemen to ward where he shall have resided for ten days next preceding the day of election, otherwise he may vote in the ward from which he in which they reside. Residence of elector. One constable to be elected in each ward. Also one assessor; re moval of either from cate office; filled. removed; and for the holding of the said first election the freemen shall elect viva voce, in their respective wards, at the place of holding the poll, on the morning of the election day, at nine o'clock, three of their number to act as ward inspectors of election for that day. The residence of an elector under this act, shall be the ward in which he boards or takes his regular meals. Sec. 3. There shall also be elected in each of the said wards, annually, one constable, and the six constables thus chosen shall be the constables for said city in lieu of those now provided by law. Sec. 4. There shall also be elected annually one assessor for each of said wards, who shail, with the constables, be residents ward to va- of the wards for which they shall be chosen, and if any assessor vacancy how or constable shall reinove from the ward for which he may have been chosen, such removal shall be considered a vacancy in the office, and such vacancy shall be filled by the common council, and the assessors elected by virtue of this act shall be in lieu of those now or heretofore appointed by the common council. Assessors to make out as Sec. 5. The assessor in each ward, shall, once in each year, sessment roll. between the first Monday of March and the second Monday of April, make out the assessment roll of all the taxable persons and property in their respective wards. Except that for the present year the same shall be done between the third Monday of April and the first Monday of June: Provided, That where any lot of lots shall be partly in two or more wards, such lot shall be assessed in the ward where the greater proportion of said lot is situate. Each assessor to give notice of completion of assessment roll. Sec. 6. As soon as the assessment roll shall be completed, each assessor shall give notice to the inhabitants of their respective wards by posting up notices in three of the most public places in each ward, and by publication in the daily city newspapers for ten successive days, that he has completed the assessment roll of his proper ward, and that the same is left with the city clerk, where the same may be inspected for ten days, and that on a day and at a place named in said notice, the assessors of the several wards will meet to review the said rolls on the request of any person considering himself aggrieved. meet and review assess ments. Sec. 7. On the day and for at least three successive days there- Assessors to after, at the place specified in such notice, the assessors shall meet, and on the request of any person considering himself aggrieved, and on sufficient cause being shown, by the affidavit of such per. son, or by other evidence, to the satisfaction of the assessors, they shall review said roll, and may alter the same, as to the property of any such person and the estimated value thereof. Sec. 8. The assessors in each ward shall take the same oath as Oath to be taken by is required of the township assessors in the several townships of assessor. this state. tors of elec oath. Sec. 9. After the said first election, the ward inspectors of Ward inspecelection shall consist of the two aldermen and the one assessor in tion; their each of the wards, who, as well as the said inspectors for the said first election, shall be duly sworn to a faithful discharge of their duties, and if from any cause the said ward inspectors shall fail to attend said elections, their places may be supplied for the time being, by the electors present, who shall elect any of their number viva voce. how con vass and re Sec. 10. The said ward elections shall be conducted as hereto- Elections, fore, or as near as may be in all respects, and the said inspectors ducted; canshall, on canvassing the votes, certify a full and true return thereof turn of votes. under their hands, to the clerk of the said city, carefully sealed up, together with the poll list and ballots, within twenty-four hours after the closing of the polls; and thereupon the said ward inspectors, or a majority of them, shall, on the Thursday next succeeding said charter election, at three o'clock P. M., meet at the city clerk's office or common council room, and proceed to open and canvass the said returns and declare the result of said election Provided, however, at the said first election the present common council, (who it is hereby declared shall continue in office until their successors are elected and qualified,) shall canvass the said returns in the manner and at the time and place aforesaid. mayor, justi Sec. 11. The votes for the offices of mayor, justices of the Votes for peace, and other city and township officers, shall be given by the ces of peace freemen in the wards in the manner provided for in the second ship officers. section. and town ducting state, Sec. 12. The mode of conducting all state, district and county Mode of conelections in said city shall be in the manner herein provided in district and reference to city officers, except that the returns thereof by the tions. county elec Challenging at charter elections; false swear more than once. said ward inspectors shall be made to the county clerk, and the same proceedings had, or as near as may be, as are now provided by law for the return of votes by township inspectors of election. Sec. 13. At all charter elections, if a vote shall be challenged, the inspectors of election shall be authorized to swear or affirm ing; voting the person whose vote is challenged, to answer such questions as may be put to him touching his qualifications, and the said inspectors shall decide from the examination, as to the legality of such vote. All false swearing under this or any other act relating to the qualification of electors in said city, is hereby declared to be perjury, and punishable as such. And if any elector shall vote in more than one ward, or more than once in the same ward, at any election in said city, he shall be subject to indictment, and on conviction, punished by fine not exceeding five hundred dollars, or imprisoned at hard labor for a period not more than three years, or both, at the discretion of the court. Boundaries of wards. First ward. Second ward. Third ward. Fourth ward. Fifth ward. Sixth ward. Recorder, how chosen, &c. Sec. 14. The several wards in said city shall be and they are hereby set off as follows: The First Ward to embrace that part of the said city situate west of the centre line of Shelby, and south of the centre of Michigan avenue. The Second Ward, all south of the centres of Monroe and Michigan avenues, and between the centres of Shelby and Randolph streets. The Third Ward, all south of the centre of Croghan street, and between the centre lines of Randolph and St. Antoine streets. The Fourth Ward, all east of the centre line of St. Antoine street, and south of the Gratoit road. The Fifth Ward, all north of the centre of Michigan avenue, and west of the centres of Woodward avenue and the Saginaw turnpike. The Sixth Ward, all east of the centre of Woodward avenue, north of the centres of Monroe avenue, Croghan street, and the Gratiot road, and west of the centre line of St. Antoine street. Sec. 15. The recorder shall be chosen as heretofore, by the mayor and aldermen, and shall be entitled to a seat within the common council, for the purposes of deliberation and of acting on committees, but shall have no vote therein, except when the mayor shall be absent or his office vacant, in which case he shall be the acting mayor as heretofore. |