Power of board to re

property.

grounds; cause such grounds to be laid out into lots, avenues and walks; the lots to be numbered and the avenues and walks to be named and plats thereof to be made and recorded in the office of the city clerk. Such board shall also have ceive and hold power in its discretion to take, receive, and hold any property, real or personal, by devise or otherwise, which may be granted, transferred or devised to such board in trust for the purpose of caring for and keeping in good order and repair any given lot or lots, or portions thereof, specified in any such Price of lots. trust. The board shall fix the price of lots and make the sales Conveyances thereof. The conveyances of such lots shall be executed on behalf of the city by the city clerk, and be recorded in his office at the expense of the purchasers.

to be recorded.

Superintend

ent and employes.

(182) § 3137. SEC. 6. Said board shall appoint the necessary superintendents and employes for the cemetery; expend the money provided for the care and improvement of the Board to en- grounds; enforce the ordinances of the city made for the

force ordi

nances in regard to

cemetery.

Cemetery moneys to be

treasurer.

Report of board to council.

management and care thereof, and make such regulations for the burial of the dead, the care and protection of the grounds, monuments and appurtenances of the cemetery, and the orderly conduct of persons visiting the grounds, as may be consistent with the ordinances of the city and the laws of the state.

(183) § 3138. SEC. 7. All moneys raised for any public paid to city cemetery authorized by this act and all moneys received from the sale of lots therein, or otherwise therefrom, shall be paid into the city treasury, and constitute a fund to be denominated the "cemetery fund." Said fund shall not be devoted or applied to any other purpose, except the purposes of such cemetery. The board of trustees shall report to the council annually on the first Monday in March, and oftener when the council shall so require, the amount of all moneys received into and owing to the cemetery fund, and from what source, and from whom, and the date, amount, items and purpose of all expenditures and liabilities incurred, and to whom paid, and to whom incurred, and such other matters as the council shall require to be reported, which report shall be verified by the oath of the clerk of the board.

Power of council to en

cemetery.

(184) § 3139. SEC. 8. The council of any city, owning a act ordinances public burial ground or cemetery, whether within or without concerning the city, may pass and enforce all ordinances necessary to carry into effect the provisions herein, and to control or regulate such cemetery or burial place, and the improvement thereof, and to protect the same and the appurtenances thereof from injury, and to punish violations of any lawful orders and regulations made by the board of cemetery trustees. (185) § 3140. SEC. 9. The council shall have power also for protection to pass all ordinances deemed necessary for the preservation owned by and protection of any cemetery or burial place within the association. city, belonging to or under the control of any church, religious society, corporation, company or association, and for the

Ordinances

of cemetery

any church or

protection and preservation of the tombs, monuments and im provements thereof, and the appurtenances thereto.

CHAPTER XVI-POUNDS.

pounds.

beasts and

(186) § 3141. SECTION 1. The council may provide and City may own maintain one or more pounds within the city and may ap point poundmasters, prescribe their powers and duties, and fix their compensation; and may authorize the impounding of Impounding of all beasts and fowls found in the streets or otherwise at large fowls. contrary to any ordinance of the city; and if there shall be no pound or poundmaster they may provide for the impounding of such beasts and fowls, by the city marshal, in some suitable place under his immediate care and inspection, and may confer on him the powers and duties of poundmaster.

Grover v. Huckins, 26/476.

impounding.

(187) § 3142. SEC. 2. The council may also prescribe the Fees for fees for impounding and the amount or rate of expenses for keeping, and the charges to be paid by the owner or keeper of the beasts or fowls impounded; and may authorize the sale of such beasts and fowls for the payment of such fees, expenses and charges, and for penalties incurred, and may impose penalties for rescuing any beast or thing impounded.

CHAPTER XVII-HARBORS, WHARVES AND HARBORMASTERS.

control of.

control of.

(188) § 3143. SECTION 1. The council of any city located Wharves, upon or adjacent to any of the navigable waters of the state shall have the power to establish, construct, maintain and control public wharves, docks, piers, landing places and levees, basins and canals, upon any lands or property belonging to or under the control of the city; and for that purpose City to have the city shall have the use or control of the shore or bank of shore. any lake, river or other waters within the city, not the property of individuals, to the extent to which the state can grant the same, and the council may lease wharfing and landing Council may privileges upon any of the public wharves, docks, or landings, lease wharfbut not for a longer time than five years, and in such manner as to preserve the right of all persons to a free passage over the same with their baggage.

See note to section 2803. C. L. 1897. South Haven v. Judge, 140/117.

ing privileges.

scribe manner

(189) § 3144. SEC. 2. The council shall have authority Council to prealso to require and cause all docks, wharves and landings, of constructwhether upon public grounds or upon the property of private ing wharves. individuals, to be constructed of such material and in such manner and maintained in conformity with such grade as may be established therefor by the council, and prescribe the line beyond which any such wharf, dock or landing shall not be constructed or maintained.

To regulate use of wharves.

(190) § 3145. SEC. 3. The council shall have authority to prohibit the encumbering of the public wharves and landings, and to regulate the use of all wharves, docks, and landing places within the city; regulate the use and location of To prescribe wharf boats; and to regulate and prescribe the rates and

rates of

charges.

waters, coun

for preservation of.

boats.

charges for landing, wharfage, and dockage at all public and private wharves, docks and landings, and to collect wharfage and dockage from boats, water crafts, and floats landing at or using any public landing place, wharf or dock within the city. Purity of (191) § 3146. SEC. 4. The council shall have authority cil to provide to provide by ordinance for the preservation of the purity of the waters of any harbor, river, or other waters within the city, and within one-half of a mile from the corporate boundaries thereof; to prohibit and punish the casting or depositing therein of any filth, logs, floating matter or any injurious Anchorage of thing; to control and regulate the anchorage, moorage and management of all boats, water craft and floats within the jurisdiction of the city; to prescribe the mode and speed of entering and leaving the harbor, and of coming to and departing from the docks, wharves and landings, by boats, water craft and floats, and to regulate and prescribe, by such ordinances or through a harbormaster or other officer, such location for any boat, craft, vessel or float, and such changes General pow-, of station in and use of the harbor as may be required to promote order therein, and the safety and convenience of all such boats, craft, vessels and floats, and generally to enact and enforce such ordinances and regulations not inconsistent with the laws of the United States and of this state as in the opinion of the council shall be most conducive to the orderly, safe and convenient use and occupancy of the harbor, navigable waters, wharves, docks, piers, and landing places within the city.

ers of council in regard to harbor.

Tugs may be licensed.

Bridges, regulation of.

Appointment of harbormaster.

See note to section 2806, C. L. 1897.

(192) § 3147. SEC. 5. The council may also license and regulate the use of tugs, and prescribe the rates and charges of towage within the harbor or other waters of the city, and regulate the opening and passage of bridges.

(193) § 3148. SEC. 6. The council may also appoint a harbormaster, wharfmaster, port wardens, and such other officers as may be necessary for the enforcement of all such ordinances and regulations as the council may lawfully enact and prescribe, in respect to and over the navigable waters, harbors, wharves, docks, landings and basins, within the city, and in respect to the navigation, trade, and commerce of the city, and prescribe the powers and duties of such harbormaster and other officers, and to fix the compensation to be paid them.

See note to section 2807, C. L. 1897.

CHAPTER XVIII-FERRIES.

ferries.

(194) 3149. § 3149. SECTION 1. The council of any city may Ferries may regulate and license ferries from such city or any place or be licensed. landing therein to the opposite shore, or from one part of the Regulation of city to another; and may require the payment of such reasonable sum for such license as to the council shall seem proper; and may impose such reasonable terms and restrictions in relation to the keeping and management of such ferries, and the time, manner and rates of carriage and transportation of persons and property as may be proper, and provide for the revocation of any such licenses and for the punishment, by proper fines and penalties, of the violation of any ordinance prohibiting unlicensed ferries, and regulating those established and licensed.

See note to section 2808, C. L. 1897.

CHAPTER XIX-MARKETS.

of markets..

(195) § 3150. SECTION 1. The council of any city shall Regulation have the power to erect market houses, establish and regulate markets and market places for the sale of meats, fish, vegetables and other provisions and articles necessary to the sustenance, convenience and comfort of the inhabitants; to prescribe the time for opening and closing the same; the kind and description of articles which may be sold; and the stands and places to be occupied by the venders.

See note to section 2809, C. L. 1897.

order in

(196) § 3151. SEC. 2. The council may adopt and en- To preserve force such rules and regulations as may be necessary to pre markets. vent fraud, and to preserve order in the markets; and may authorize the immediate seizure, arrest and removal from the market of any person violating its regulations, together with any articles in his or their possession; and may author- Seizure of unize the seizure and destruction of tainted or unsound meats, or other unwholesome provisions exposed for sale therein.

CHAPTER XX-PUBLIC BUILDINGS, GROUNDS AND PARKS.

sound meats.

erect build

(197) § 3152. SECTION 1. Any city may acquire, pur- Council may chase and erect all such public buildings as may be required ings. for the use of the corporation, and may purchase, acquire, appropriate and own such real estate as may be necessary for public grounds, parks, markets, public buildings, and other purposes necessary or convenient for the public good, and the execution of the powers conferred in this act; and such buildings and grounds, or any part thereof, may be sold, leased and disposed of as occasion may require.

See notes to section 2772, C. L. 1897.

May be erected beyond city limits.

Power of

council over.

To vacate or discontinue parks, etc.

To protect

from injury.

Construction of sewers

and drains.

(198) § 3153. SEC. 2. When the council shall deem it for the public interest, grounds and buildings for city prisons, work-houses and other necessary public uses, may be purchased, erected and maintained beyond the corporate limits of the city; and in such cases the council shall have authority to enforce, beyond the city limits, and over such lands, buildings and property, in the same manner and to the same extent as if they were situated within the city, all such ordinances and police regulations as may be necessary for the care and protection thereof, and for the management and control of the persons kept or confined in such prisons, workhouses or hospitals.

See note to section 2773, C. L. 1897.

(199) § 3154. SEC. 3. The council shall have authority to lay out, establish and enlarge, or vacate and discontinue public grounds and parks within the city, and to improve, light and ornament the same, and to regulate the care thereof, and to protect the same and the appurtenances thereof from obstructions, encroachments and injury, and from all nuisances.

See note to section 2774, C. L. 1897. St. Joseph City v. Schulz, 132 / 213.

CHAPTER XXI-SEWERS, DRAINS AND WATER-COURSES.

(200) § 3155. SECTION 1. SECTION 1. The council of any city may establish, construct and maintain sewers and drains whenever and wherever necessary, and of such dimensions and materials, and under such regulations as they may deem proper Taking of pri- for the drainage of the city; and private property, or the use thereof, may be taken therefor in the manner prescribed in Sewers to be this act for taking such property for public use. But in all cases where the council shall deem it practicable such sewers and drains shall be constructed in the public streets and grounds.

vate property`

for.

in public

streets.

Board of pub

lic works to

of sewerage

See notes to section 2792, C. L. 1897. South Haven City v. Judge, 140/ 119.

(201) § 3156. SEC. 2. The board of public works shall have control have the management, supervision and control of the sewers; and drainage. Sewerage system and drainage of the city, and the charge of their construction, subject to the general direction and approval of the council as herein provided, and the council may by ordinance prescribe the powers and duties of said board, relating to all matters connected with the sewers, sewerage system and drainage of the city.

Council to instruct board of public works as to necessity of drainage.

(202) § 3157. SEC. 3. Whenever it may become necessary, in the opinion of the council, to provide sewerage and drainage for the city or for any part thereof, it shall be their duty to instruct and direct the board of public works to devise, or cause a plan of such sewerage or drainage to be