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Their plena annually,&c.
ond Monday in March in each year therefter. 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 poils at such election, the common council shall proceed without delay, publicly, to count the ballots unopened, and if the number of ballots so coun'ed 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 bullots 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 oflice 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.
Sec. 3. It shall be the duty of the recorder of said village to give ten day's' public no-ice in writing, in three public places in said village, Siv levetica 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 elections, both annual and special in said village, and every person offering to vote at such clection before he shall Le 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 Michigin 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
days last past I have been a resident of the village of Jackson, and have not voted at this election :" Prorided, 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 forth
with be permitted to vote. By whom ad. Sec. 4. The president or recorder of said village is hereby authorministered.
ized 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 thereos' shall be liable to the same pains and penalties as are provided for the
punishment of that crime by the laws of this state. President, Sec. 5. The president, recorder and trustees of said village shall trust es in: be a body corporate and politic with perpetual succession, to be known coi porated.
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.
Sec. 6. The president, recorder, assessors, treasurer and all officers Oach of off.ce
provided for in this act, shall take and subscribe the constitutional oath befo "e 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 Recordar, marshal and common council in the penal sum of one thousand dollars, conditional givo bond. for the faithful performance of their duties before entering upon the
duties of their respective offices, with two or more sufficient sureties,
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to be approved by the common council, and file the same in the office
Sec. 8. The president and trustees shall hold their office for two
Of assessors, urer and such other officers as shall be appointed by the common coun- marsbul.
street com'r, cil, shall hold their offices for one year and until others are elected or &c. appointed.
Sec. 10. The president, recorder and trustees, when assembled together and authorized, [organized,] shall constitute the common council. 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 conimon 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. Sec. 11. In case of the death, resignation or removal of any of the Vacancies to
be tilkd by 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 fivun ottice.
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 plea
sure any officers by them appointed. By laws and Sec. 13. The common council shall have power to make by-laws and
ordinances rela:ive to and regulating the duties, powers and fees of the marshal, treasurer, assessors and other oficers, relative to the time and manner of working upon the streets, lane; and alleys of suid village, relative to the manner of assessing, levying and collecting all highway and other tixes in said village, relitive to the minner 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 suid 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 abateinent of nui. sances 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 suppresion 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 ordin'ines 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 all, ersons oflending against t'ie by-laws and ordinances made as aforesaid.
Sec. 15. It shall le the duty of the president to presiile at all meetDatics of ings of the common council, and to at end at the annual election of the president officers. The president shall sign all licenses and warrants issued by
ori'er 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 Recorder.
council, and keep an accurate and fair record of their proceedings, and
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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 cf, the polls of any election, notify the officers respectively of their election.
Sec. 18. The recorder shall be e'ected and hold his office for two years, and shall be a police justice of the peace, and shall have cogni- ti e utrucur
der, &c. zance of all matters arising under and by virtue of this act of incorpo. ration 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 perce by the laws of this state, and all process. es 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.
Sec. 19. The common council shall have the exclusive power and authority to license such persons as tavern keepers, common victual. Licensee,&c. ers, or re:ailers 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 publis ordinance establish ; and licenses provided for in this section shall expire on the second Monday in April in each year; and to prohi.it tie sale of spirituous or fermentei liquors in less quantities th: n twentyeig'it gallons in said vilage: The common council shall have power
G" powto rezıla e the selling and measuring fire worl, and the weig'ring of hay; and to prescribe and de ignate the stan i 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 sile walks, public group is or squire: of said village; to provide for dykeing the Grand River, and clearing the sime, wit' in 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.