certificate shall be prima facie evidence of the matters herein stated. Whenever the amount of the compensation is in the treasury, and thus secured to be paid, the council may enter upon and take possession of and use such private property for the purpose for which it was taken, and may remove all buildings, fences and other obstructions therefrom. In case of resistance or refusal on the part of anyone to the council or its agents and servants entering upon and taking possession of such private property for the use and purpose for which it was taken, at any time after the amount of the compensation aforesaid is actually in the treasury ready to be paid to those entitled thereto, the council by the corporation counsel may apply to the court, and shall be entitled, on making a sufficient showing, to a writ of assistance to put the city in possession of the property.

Sec. 17. Officers, jurors and witnesses in any proceeding hereunder shall be entitled to receive from the city the same fees and compensation as are provided by law for similar services in an action at law in the circuit courts of this state.

Sec. 18. All the expenses and costs of the proceedings to take and use private property under this chapter, incurred by the municipality, shall be paid out of the general fund, contingent fund, or a fund provided for such purposes, as the case may be; and it shall be lawful for the judge in any case wherein a verdict of no necessity is rendered, to order the payment by the city to any respondent or taxpayer of such a reasonable attorney fee as he may deem just, not exceeding twentyfive dollars, which may be taxed with the costs.

Sec. 19. The council shall not have power to discontinue proceedings hereunder after the rendition of the verdict of the jury, but it may direct the corporation counsel to move for a new trial or to arrest the proceedings, or to take an appeal to the supreme court, and in any such case the same proceedings shall be taken as are hereinafter prescribed in the case of like proceedings on the part of any respondent, except that no bond shall be required, nor shall the municipality be required to pay the clerk of the recorder's court fees.

Sec. 20. It shall be prima facie evidence as to who are owners of and persons interested in any property proposed to be taken in the proceedings instituted under the chapter, if the register or deputy register of deeds of the county shall testify in open court that he has examined the records and title in his office, and states who such records show are the owners of and persons interested in such property, and the nature and extent of such ownership and interest, and an abstract of the title of such property, or any parcel or parcels thereof, certified by the register or deputy register of deeds, shall also be prima facie evidence as to ownership and persons having an interest in any such property, and the extent and nature of such interest.

Sec. 21. In case there is on the private property taken, a building or other structure, the same shall be sold by or under the direction of the city treasurer; the amount produced by the sale shall belong to and be paid to the fund for paying the compensation awarded for the prop

erty taken, and the council shall cause the proper proportion of such amount to be credited and applied in reduction of the sums to be raised to pay the award.

Sec. 22. To make the filing of a petition in the recorder's court under this chapter constructive notice to a purchaser of any real estate it shall be the duty of the corporation counsel to file for record with the register of deeds of Wayne county a notice of the filing of such petition setting forth the title of the cause and the general object thereof, together with a description of the lands to be affected thereby. A copy of such record, authenticated by the register of deeds, shall be evidence of such notice and the filing of same in all courts and places.

Sec. 23. Whenever the council shall determine by resolution to open any street or alley, a conspicuous notice of such determination shall be published in at least two daily papers in the city of Detroit, which shall be deemed constructive notice, and if after the publication of such notice, any person owning real estate in the line of such street or alley shall build or move a house or other structure upon such real estate in the line of any street or alley ordered opened, such house or structure shall be deemed personal property and shall not be condemned as a part of the realty, but when the street is otherwise opened may be treated as any other obstruction to a street or alley.

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TITLE IX.

MISCELLANEOUS PROVISIONS.

CHAPTER I.

Representation on Board of Supervisors.

Certain Officers to Be Ex-Officio Members of Board:

Section 1. The city of Detroit shall be represented on the board of supervisors of the county of Wayne by the following officers of the city: The mayor, city clerk, city treasurer, councilmen, controller, corporation counsel, assessors, commissioner of police, commissioner of public works, commissioner of parks and boulevards, the president of the street railway commission, the commissioner of buildings and safety engineering, the commissioner of purchases and supplies, the president and vicepresident of the public lighting commission, the president and vice-president of the fire commission, the president and vice-president of the board of water commissioners, the president and vice-president of the board of health, the president and vice-president of the public welfare commission, the president of the board of commissioners of the house of correction, the president of the city plan commission and the head of the recreation department, and by twenty-eight additional supervisors who shall be appointed by the common council of the city of Detroit, annually, prior to the first Monday in April.

Powers and Duties as Supervisors:

Sec. 2. Such officers and appointees shall be vested with the powers and duties of supervisors, as provided by the laws of the state; shall attend the annual session of the board of supervisors of the county of Wayne, in October and all other sessions thereof, and shall represent the city at such sessions.

Appointment of Supervisors in Certain Cases:

Sec. 3. In the event that the number of officers enumerated in this chapter shall be diminished by any amendment of the charter or in case a vacancy exists among the members to be appointed, the common council shall appoint additional supervisors sufficient in number, together with the officers and appointees vested with the powers and duties of supervisors, to maintain a representation of the city on the board of supervisors at sixty-five, or such increased or decreased representation on said board of supervisors as the city of Detroit is entitled to by law. (As amended August 31, 1920. In effect September 4, 1920.)

Service Day:

CHAPTER II.

Minimum Wage.

Section 1. The service day for all employes of the city of Detroit during which they shall be required to work shall consist of eight consecutive hours in any one day of twenty-four hours. No employe shall be required or permitted to work for more than this eight-hour service

day, except in case of emergency which would result in a serious loss, damage, or impairment of the city's service, unless the same employe or employes were required to remain continuously at work for a longer period, in which case, during the continuance of the emergency, the provision requiring the eight-hour service day may be suspended by the department head or proper subordinate in whose department the emergency shall have arisen.

Service Week:

Sec. 2. No employe shall be required to work for more than six service days in any consecutive seven days of twenty-four hours each, except in case of any emergency which would result in serious loss, damage, or impairment of the city's service, unless the same employe or employes were required to remain at work in excess of the six-day service week, in which case, during the continuance of the emergency, the provision requiring a six-day service week may be suspended by the departmental head or proper subordinate in whose department the emergency shall have arisen.

Excess Compensation:

Sec. 3. The common council shall by ordinance provide for the proper readjustment of service time and for the proper excess compensation of any employe, of whom service in excess of the regular service day or the regular service week shall have been required in the case of any emergency, as herein provided. But the common council shall provide for a rate of compensation for excess service which shall be for Sundays and other holidays not less than twice the regular rate of compensation, and for other days not less than one and one-half times the regular rate of compensation.

Minimum Wages:

Sec. 4. No employe doing common labor shall receive compensation in a sum less than two dollars and twenty-five cents per diem for an eight-hour service day. No employe doing the work of a skilled mechanic shall receive compensation in a sum less than the highest prevailing wage in that particular grade of work. Whenever practicable, the per diem plan of employing common labor shall be in force. All wages and all salaries shall be paid weekly. Any employe who shall receive compensation for service rendered at a rate less than the minimum fixed herein may by an action for debt recover from the city the balance due him hereunder with costs.

Contracts for Public Work:

Sec. 5. No contract for any public work shall be let which shall not, as a part of the specification on which contractors shall make their bids, require the contractor or sub-contractor to pay all persons in his employ doing common labor and engaged in the public work contracted for not less than two dollars and twenty-five cents per diem, to pay all persons in his employ doing the work of a skilled mechanic and engaged on the public work the highest prevailing wage in that particular grade

of work, and to require of such employes the same service day and service week required herein of all city employes. Any contractor who shall have entered into such contract with the city and shall have violated any provision of this section as made a part of his contract shall be debarred from any further contracts for public work, and any contract let to him contrary to this provision shall be void. Whenever it shall appear that any employe of any contractor for public work engaged thereon shall have received less than the compensation herein provided, the common council may cause to be paid to him such deficit as shall be due him and shall cause the amount so paid to be deducted from the balance due to the contractor from the city.

NOTE.-See adverse decision of Supreme Court on Minimum Wage Chapter in case of Atty. Gen. ex rel Lenane vs. City of Detroit, 225 Mich. 631.

Ferries:

CHAPTER III.

Ferries-National Bridge-Tunnel.

Section 1. The common council may license, continue and regulate ferries from within the city to Belle Isle and the opposite shore of the Detroit river for the carrying and transporting of persons and property upon and across said river. The city shall have power to acquire, own and operate, in the manner herein provided, a line or lines of ferry boats on the Detroit river and waters connected therewith.

National Bridge or Tunnel:

Sec. 2. The city shall have power to unite with the Canadian authorities, or any Canadian corporation, in building and maintaining a public bridge or tunnel across or under the Detroit river. Provided, that the city shall have an ownership in said bridge or tunnel in proportion to the amount of money it may invest therein, or shall build or own that portion of said bridge or tunnel situated within the boundaries of this state, and shall have an equal voice with said Canadian authorities or corporation in the control or management of such bridge or tunnel, and in fixing the tolls to be charged and collected for the use thereof by the public. The said bridge or tunnel shall be a common or public highway, but street car and railroad companies may be allowed to run their cars over said bridge or through said tunnel, upon such terms and conditions as the common council and said Canadian authorities or corporation may from time to time prescribe.

CHAPTER IV.
Penalties.

Section 1. The common council shall, except as herein otherwise specified, provide for the punishment of all persons offending against this charter or any ordinance enacted hereunder, by imposing fines, penalties, forfeitures and costs, and by imprisonment in the house of correction of said city. Any person convicted of any offense may be required to give bail for good behavior. If only a fine, penalty, forfeiture, or costs be imposed, the offender may be sentenced to imprisonment