supervisors in the place of such officer whose office has been abolished. As to supervisors in cities, see Const. viii, 7. And as to their election under this act, see note to section 371, this compilation. select lists of (94) § 3049. SEC. 27. The supervisors of the several Supervisors to wards shall, except in counties having a jury commission, jurors. select and return lists of grand and petit jurors to the clerk of the county, in the same manner and within the same time as the like duty is required to be performed by township offi cers. Returning jurors.-Hewett v. Judge, 71/287. JUSTICES OF THE PEACE. and powers (95) § 3050. SEC. 28. Justices of the peace elected in Jurisdiction any city under the provisions of this act shall have, and exer- of justices, cise therein and within the county, the same jurisdiction and powers in all civil and criminal matters, causes, suits and proceedings, and shall perform the same duties in all respects, so far as occasion may require as are or may be conferred upon or required of justices of the peace by the general laws of the state. They shall have authority to hear, Authority try and determine all suits and prosecutions for the recovery nances of or enforcing of fines, penalties and forfeitures imposed by city. the ordinances of the city, and to punish offenders for violations of such ordinances, as in the ordinances prescribed and directed, subject only to the limitations prescribed in section seventeen of chapter ten of this act. Justices of the peace.-Const. vii, 15. See note to section 33, this compilation. under ordi before (96) § 3051. SEC. 29. The proceedings in all suits and Proceedings actions before said justices, and in the exercise of the powers justices. and duties conferred upon and required of them, shall, except as otherwise provided in this act, be according to and be governed by the general laws applicable to justice courts and to the proceedings before such courts. See general laws relative to justices' courts. Title IV, part 7, C. L. 1897. docket. (97) § 3052. SEC. 30. Every justice of the peace shall Justice's enter in the docket kept by him the title of all suits and prosecutions commenced or prosecuted before him for violations of the ordinances of the city and all the proceedings and the judgment rendered in every such cause and the items of all costs taxed or allowed therein; and also the amounts Contents of. and date of payment of all fines, penalties and forfeitures, moneys and costs received by him on account of any such suit or proceeding. Such docket shall be submitted by the Docket to justice at all reasonable times to the examination of any spection. be open to in Fines to be paid to city treasurer. Receipt for, to be filed with clerk. Justice to report. Disposition of fines. Expense of prosecutions, how paid. Justice to give bond. Amount of, and sureties. Penalty for misconduct in office. Disposition of unclaimed goods or money. person desiring to examine the same and shall be produced by the justice to the council whenever required. (98) § 3053. SEC. 31. All fines, penalties and forfeitures collected or received by any justice of the peace for, or on account of violations of the penal laws of the state, and all fines, penalties, forfeitures and moneys collected or received by such justice, for or on account of violations of any ordinances of the city, shall be paid over by such justice to the city treasurer on or before the first day of the month next after the collection or receipt thereof; and the justice shall take the receipt of the city treasurer therefor and file the same with the city clerk. Fines, etc.-Const. xi, 14. (99) § 3054. SEC. 32. Every such justice shall report, on oath, to the treasurer at the time of making the payments provided for in the next preceding section, the name of every person against whom a prosecution has been commenced, or judgment rendered for any of the fines, penalties or forfeitures mentioned in the preceding section, and the amount of all moneys received by him on account thereof, or on account of any such suit or prosecution. (100) § 3055. SEC. 33. All fines recovered for the violations of the penal laws of the state, when collected and paid into the city treasury, shall be disposed of as provided by law. The expenses of prosecutions before justices of the peace of the city for violations of said criminal laws, and in punishing the offenders, shall be paid by the county in which the city is located. (101) § 3056. SEC. 34. Each justice of the peace, in addition to any other security required by law to be given for the performance of his official duties, shall, before enter ing upon the duties of his office, give a bond to the city, in a penalty of one thousand dollars, with sufficient sureties to be approved by the mayor, which approval shall be endorsed upon the bond, conditioned for the faithful performance of the duties of justice of the peace within and for the city. As to official bonds.-See notes to section 2642, C. L. 1897. (102) § 3057. SEC. 35. Any justice of the peace who shall be guilty of misconduct in office, or who shall wilfully neglect or refuse to perform or discharge any of the duties of his office required by this act or any of the ordinances of the city, shall be deemed guilty of a misdemeanor, and punishable accordingly. (103) § 3058. SEC. 36. Every justice of the peace of the city shall account on oath to the council, for all such moneys, goods, wares and property, seized or stolen property, as shall remain unclaimed in his office; and shall make such disposition thereof as shall be prescribed by law. prescribe (104) § 3059. SEC. 37. In addition to the rights, powers, Council may duties and liabilities of officers prescribed in this act, all additional officers, whether elected or appointed, shall have such other powers and liabilities. rights, powers, duties and liabilities, subject to and consistent with this act, as the council shall deem expedient, and prescribe by ordinance or resolution. COMPENSATION OF OFFICERS. mayor and officers. ors. (105) § 3060. SEC. 38. The mayor and aldermen may Salary of each receive such salary, not exceeding fifty dollars per year, aldermen. as may be prescribed by the council. The city marshal, clerk, Other city treasurer, city attorney, and engineer of the fire department shall each receive such annual salary as the council shall determine by ordinance. The compensation of supervisors for Of supervisassessing and levying taxes, extending taxes upon their rolls, and for all other services performed by them shall be two dollars per day for the time actually employed. Justices of of justices of the peace, constables and officers serving process and making constables. arrests, may, when engaged in causes and proceedings for violations of the ordinances of the city, charge and receive such fees as are allowed to those officers for like services by the general laws of the state. All other officers elected or of all other appointed in the city, shall, except as herein otherwise provided, receive such compensation as the council shall determine. COMPENSATION: A mayor or councilman, who is an attorney-at-law, cannot be required to render professional services to the city without compensation therefor.-Niles v. Muzzy, 33 / 61. A city officer is entitled to pay for services rendered, under appointment of the common council, outside of his official duty. But not for voluntary services, outside of his official duties rendered on his own responsibility.-Perry v. Cheboygan, 55 / 250. See Coleman v. Cadillac. 49/322; Fountain v. Mayor, 50/260: Iron Mountain v. Uddenberg, 127 / 189. See note to section 2747, C. L. 1897. peace and officers. or dimini hed of office. (106) § 3061. SEC. 39. The salary or rate of compensa- Salary not to tion of any officer elected or appointed by authority of this be increased act shall not be increased or diminished during his term of during term office; and no person who shall have resigned or vacated any office shall be eligible to the same office during the term for which he was elected or appointed when during the same time the salary or rate of compensation has been increased. CHAPTER VIII-THE CITY COUNCIL. council to (107) § 3062. SECTION 1. The legislative authority of Of whom cities incorporated under this act shall be vested in a coun- consist. cil consisting of the mayor, two aldermen elected from each ward and the city clerk. Bishop v. Lambert, 114/110; Monroe Water Co. v. Heath, 115/277. COUNCIL: As to the council and its powers, see notes to section 2748, C. L. 1897. President of council. Selection of (108) § 3063. SEC. 2. The mayor shall be president of the council, and preside at the meetings thereof, but shall have no vote therein, except in case of a tie, when he shall have the casting vote. Bishop v. Lambert, 114/110; Monroe Water Co. v. Heath, 115/277 ; Smedley v. Kirby, 120 / 256. (109) § 3064. SEC. 3. On the first Monday in May in president pro each year, the council shall appoint one of their number president pro tempore of the council, who, in the absence of the president, shall preside at the meetings thereof, and exercise Right of vote the powers and duties of president. He shall have a vote upon all questions, but he shall have no casting vote in case of a tie. In the absence of the president and president pro tem. the council shall appoint one of their number to preside and for the time being he shall exercise the powers and duties of the president. .of. Clerk of council. Alderman to Council to (110) § 3065. SEC. 4. The city clerk shall be clerk of the council, but shall have no vote therein. He shall keep a full record of all the proceedings of the council, and perform such other duties relating to his office as the council may direct. In the absence of the clerk or his deputy the council shall appoint one of their number to perform the duties of clerk for the time being. Record. See notes to section 2752, C. L. 1897. (111) § 3066. SEC. 5. Each alderman shall be required to attend all sessions of the council, and serve upon committees when appointed thereon. No alderman shall vote on any question in which he shall have a direct personal interest, but on all other questions he shall vote unless excused therefrom by a vote of two-thirds of the aldermen elect. As to attendance and interest of members in questions pending, see notes to section 2752, C. L. 1897, under "Transaction of Business" and "Attendance."-Smedley v. Kirby, 120 / 256. (112) § 3067. SEC. 6. The council shall be judge of the judge of elec- election returns and qualifications of its own members. It tion of its members. Regular meetings. Special meetings. shall hold regular stated meetings for the transaction of business, at such times and places within the city as it shall prescribe, not less than two of which shall be held in each month. The mayor or any three members of the council may call special meetings thereof, notice of which, in writing, shall be given to each alderman, or be left at his place of residence at least six hours before the meeting. Un ELECTION AND QUALIFICATION: When a common council is made the judge of the election of its members, their determination cannot be reviewed by the court.-People v. Fitzgerald, 41/2; Alter v. Simpson, 46 / 138. der similar provisions in the Grand Rapids charter, it was held that the duty of deciding such questions fails upon the new council, the provisions relative to the determination of the result of election (see section 64, this compilation) referring only to officers, the determination of whose election is not otherwise provided for.-Hilton v. Com. Council, 112/500. absent thirds vote (113) § 3068. SEC. 7. All meetings and sessions of the Meetings to be public. council shall be public. A majority of the aldermen shall make a quorum for the transaction of business; a less num- Quorum. ber may adjourn from time to time, and all pending business and business noticed or set down for hearing at such meeting shall be taken up and heard at such adjourned meeting without further notice, and the members present may compel the Attendance of attendance of absent members in such manner as shall be members. prescribed by rules or ordinance. But no office shall be When twocreated or abolished, nor any tax or assessment be imposed, required. street, alley or public ground be vacated, real estate or any interest therein purchased, leased, sold or disposed of, or private property be taken for public use, unless by a concurring yea and nay vote of two-thirds of all the aldermen elect; nor shall any vote of the council be reconsidered or rescinded at a special meeting, unless there be present as many aldermen as were present when such vote was taken. No Appropriation money shall be appropriated except by ordinance or resolution of the council; nor shall any resolution be passed or adopted except by the vote of a majority of all the aldermen elected to office, except as herein otherwise provided. Attendance, two-thirds vote, and yeas and nays, see notes to section 2752, C. L. 1897. of money. records. (114) § 3069. SEC. 8. The council shall prescribe the Rules and rules of its own proceedings, and keep a record or journal thereof. All votes shall be taken by yeas and nays when vote to be by required by one or more members, and be so entered upon the yeas and nays. journal as to show the names of those voting in the affirmative and those in the negative, and within ten days after any meeting of the council, all the proceedings and votes taken Proceedings thereat shall be published in one of the newspapers of the tobis city. Proceedings. See notes to section 2752, C. L. 1897. Electors of a city are presumed to have notice of the proceedings of the council, which are published in the official paper of the city.-People v. Hartwell, 12/508. published. (115) § 3070. SEC. 9. The council may compel the at- Fines for nontendance of its members and other officers of the city at its attendance. meetings in such manner, and may enforce such fines for nonattendance, as may by ordinance be prescribed; and may by Disorderly ordinance prescribe punishment for any misbehavior, con- conduct at temptuous or disorderly conduct by any member or any per- meetings. son present at any session of the council. Attendance.-See notes to section 2752, C. L. 1897. council cers to attend (116) § 3071. SEC. 10. The attorney, marshal, street Certain officommissioner, surveyor, and engineer of the fire department, council may take part in all proceedings and deliberations of the meetings. council on all subjects relating to their respective departments, subject to such rules as the council shall from time to time prescribe, but without the right to vote. Said officers |