ond Monday in March in each year thereafter. The polls of such election shall be opened between the hours of nine and ten o'clock in the forenoon, and shall be continued until three o'clock in the afternoon of the same day and no longer. The name of each elector voting at such election shall be written in a poll list to be kept at such election by one of the common council. After the close of the polls at such election, the common council shall proceed without delay, publicly, to count the ballots unopened, and if the number of ballots so counted shall exceed the number of electors contained in the poll list, the president or recorder, if present, and if not, then some other member of the common council shall draw out and destroy unopened so many of the ballots as shall amount to the excess, and if two or more ballots shall be found rolled up or folded together they shall not be estimated; and thereupon the common council present at such election shall proceed immediately and publicly to canvass and estimate the votes given at such election, and shall complete the said canvass and estimate the same day or the next day, and shall thereupon certify and declare the number of votes given for each person voted for, and shall make and file a certificate thereof in the office of the recorder of said village, within twenty-four hours after the close of said canvass, and the person having the greatest number of votes shall be declared duly elected: Provided, If it shall happen that two or more persons shall have an equal number of votes for the same office, so that no election shall be had, a new election shall be had for such officers as shall have had such equal number of votes.

Their elecra annually, &c.

o. elections.

Sec. 3. It shall be the duty of the recorder of said village to give Re ́rier to ten days' public notice in writing, in three public places in said village, give and by publishing the same for two weeks in some newspaper published in said village, previous to the time of holding such election, of the time and place of holding all e'ections, both annual and special in said. village, and every person offering to vote at such election before he shall be permitted to vote, shall, if required by any elector of said village, take the following oath: "I do solemnly and sincerely swear Oath. (or affirm) that I am a citizen of the United States, or that I was a resident of the state of Michigan at the time of signing the constitution thereof, of the age of twenty-one years, that I have been a resident of this state for six months next preceding this election, and for thirty

By whom administered.

President, recorder and

corporated.

days last past I have been a resident of the village of Jackson, and have not voted at this election:" Provided, That in case any person

so offering to vote at such election, shall have been assessed within the year last past for any poll tax as provided for in this act; he shall, if so required as above stated, further swear that he has paid or tendered the same to the proper officer, and upon taking such oath, he shall forthwith be permitted to vote.

Sec. 4. The president or recorder of said village is hereby authorized to administer the oath to electors contemplated by the third section of this act, and any person who shall knowingly and falsely take such oath, shall be deemed guilty of perjury, and on conviction thereof shall be liable to the same pains and penalties as are provided for the punishment of that crime by the laws of this state.

Sec. 5. The president, recorder and trustees of said village shall trustees in be a body corporate and politic with perpetual succession, to be known and distinguished by the name and title of "the Common Council of the village of Jackson," and by that name they and their successors in office shall be known in law, and by such name shall be and they are hereby made capable of suing and being sued, of pleading and being impleaded, of answering and being answered unto, and of defending and being defended in all courts of this state and any other place whatsoever; and may have a common seal and may alter and change the same at pleasure, and by the same name shall be and are hereby made capable of purchasing, holding, leasing, conveying and disposing of any real or personal estate for the use and benefit of said corporation.

Oath of office

Recorder,

treasure to

Sec. 6. The president, recorder, assessors, treasurer and all officers provided for in this act, shall take and subscribe the constitutional oath before the recorder or some judge, circuit court commissioner, master in chancery, notary public or justice of the peace, and file the same within two days after notice of their election or appointment, and within ten days after such election or appointment, and the recorder is hereby authorized to administer such oath.

Sec. 7. The recorder, marshal and treasurer shall give bonds to the marshal and common council in the penal sum of one thousand dollars, conditional give bond. for the faithful performance of their duties before entering upon the duties of their respective offices, with two or more sufficient sureties,

to be approved by the common council, and file the same in the office of the recorder.

Term of of

dent and

Sec. 8. The president and trustees shall hold their office for two years and until others are elected. At the first election held after the fice of presipassage of this act, six trustees shall be elected, and six ballots shall be trustees. made, three of which shall have written thereon, the words "one year," and three the words "two years," and each of said trustees so elected at such election, shall therefrom draw out of said box one of said ballots, and shall hold his office one or two years, as shall be indicated by the ballot by him drawn, and in each year thereafter, three trustees shall be annually elected.

Of assessors,

Sec. 9. The assessors, marshal, street commissioner, attorney, treasurer and such other officers as shall be appointed by the common coun- marshal. cil, shall hold their offices for one year and until others are elected or &c. appointed.

street com'r,

Com. coun

Sec. 10. The president, recorder and trustees, when assembled together and authorized, [organized,] shall constitute the common coun- cil. cil of the village of Jackson, and a majority of the whole shall be necessary to constitute a quorum for the transaction of business, (though a less number may adjourn from time to time,) and the said common council shall hold their meetings at such time and place as the president, or in his absence, the recorder may appoint, and shall have power to impose, levy and collect such fines as they may deem proper for the non-attendance of the members of said council, or of any officers whose attendance is required: Provided, No such fine shall exceed the sum of five dollars for any one offence.

be filled by

Sec. 11. In case of the death, resignation or removal of any of the Vacancies to officers provided for in this act, such vacancy shall be announced to the appointment members of the common council by the president or recorder, and the said council shall thereupon convene as soon as may be, and order an election to be held to fill such vacancy, at any time within one month and not less than one week after such vacancy has occurred, and the same notice shall be given of such election, and the same shall be conducted in the same manner, as is provided for annual elections: Provided however, That the common council shall have power to fill vacancies that may occur in any of the offices except trustees, if within three months of the annual election. Every such appointment so made

Removals from othice.

By laws and ordinances.

Ibid.

Duties of president.

Recorder.

by them shall be by resol tion duly recorded, and a certificate of such appointment, signed by the president, shall be filed with the recorder, and the officers so appointe shall be qualified as aforesaid, and perform the duties of their respective offices.

Sec. 12. The common council shall have power to remove at pleasure any officers by them appointed.

Sec. 13. The common council shall have power to make by-laws and ordinances relative to and regulating the duties, powers and fees of the marshal, treasurer, assessors and other officers, relative to the time and manner of working upon the streets, lanes and alleys of said village, relative to the manner of assessing, levying and collecting all highway and other taxes in said village, relative to the manner of grading, railing, planking and paving all side walks in said village, and to setting posts and shade trees in all streets, lanes and alleys in said village, to lay out, grade and repair all streets, lanes and alleys, and to construct, make and repair all bridges in said village, and for preventing the same from being obstructed, and for the prevention and abatement of nuisances within said village,

Sec. 14. The common council shall have power to make all such by-laws as may be necessary to secure the said village and the inhabitants thereof against injuries by fire, and persons from violating the public peace, for the suppression of riots, gambling and other disorderly conduct, and for the punishment of the same, for the apprehension and punishment of all drunkards, vagrants and idle persons, and they shall have power to make all such by-laws and ordinances as to them shall seem necessary for the safety and good government of said village and the inhabitants thereof, and to impose all fines and penalties and forfeitures on allersons offending against the by-laws and ordinances made as aforesaid.

Sec. 15. It shall be the duty of the president to preside at all meetings of the common council, and to at end at the annual election of the officers. The president shall sign all licenses and warrants issued by order of the common council, and countersign all orders drawn upon the treasurer of said village.

Sec. 16. The recorder shall attend all meetings of the common council, and keep an accurate and fair record of their proceedings, and

in the absence of the president to preside and perform his duties or the common council may appoint a president pro tempore.

Sec. 17. The recorder shall within five days after the closing of, the polls of any election, notify the officers respectively of their elec

tion.

Ib.

Term of of

der, &c.

Sec. 18. The recorder shall be elected and hold his office for two years, and shall be a police justice of the peace, and shall have cogni- tice of recor zance of all matters arising under and by virtue of this act of incorporation and the ordinances and by-laws made by the common council in virtue thereof, and may issue all summonses, warrants, executions or other processes to enforce the same, and proper judgments the eon to render, and in like manner and with like effect, as may be done by any other justice of the peace by the laws of this state, and all processes by him issued shall be tested and returnable in the same manner and returnable with the like effect, and the proceedings by them shall conform to and be conducted in like manner as is provided for and applicable to justices of the peace by the laws of this state.

GT" powEtoin, e uncil.

Sec. 19. The common council shall have the exclusive power and authority to license such persons as tavern keepers, common victual- Licenses, &c. ers, or retailers of spirituous and fermented liquors, as they may from time to time deem advisable and proper, within said village, under such regulations and restrictions as the common council shall by public ordinance establish; and licenses provided for in this section shall expire on the second Monday in April in each year; and to prohi.it the sale of spirituous or fermente liquors in less quantities then twentyeight gallons in said village: The common council shall have power to regla e the selling and measuring fire wood, and the weighing of hay; and to prescribe and de ignate the stan for carters and carts, for wood, hay and produce expo ed for sale in said village; to preve it and punish persons for immoderate driving or riding in any of the streets, lanes or alleys in said village; to regulate and prohibit bathing in any public waters in said vil ge; to prevent the encumbering or ob-tructing the si le walks, public grounds or squares of said village; to provide for dykeing the Grand River, and clearing the sime, within the limits of suid village of all wood. filth or other nuisances, and to regulate all grave yards for the burial of the dead in said village.