Who to appoint, etc., police. Special police. Powers and duties of. Council may discharge. To make rules, etc. Powers of force. city, in any court of competent jurisdiction. Said rules and regulations shall be published in convenient form for the use of said department, its officers, agents and employees. TITLE XIX. POLICE DEPARTMENT. SECTION 1. The council shall have power to appoint as many policemen as it may deem necessary, and to fix and determine their compensation. It may also appoint as many special policemen, with or without compensation, in time of emergency or apprehended danger, as it shall deem expedient. The council may also, on application of any person or corporation, showing the necessity thereof, appoint any number of special policemen, to do duty at any designated place or places within said city, at the charge and expense of the person or corporation by whom the application was made. Such special policemen shall perform duty only at the places designated, and shall continue in office at the pleasure of said council. SEC. 2. Said officers shall have the same power as constables now have by law, except as to the service and return of process in civil cases, and shall be subject to the same liability as otherwise provided by law. They shall have power and authority to execute, serve and return all process for the enforcement of all ordinances of said city and the provisions of this act, issued by any justice of peace, by the mayor or presiding officer of the council, or by any committee of the council, and shall perform such other duties not inconsistent with this act as the council may by ordinance or otherwise prescribe. SEC. 3. The council may, whenever it shall deem proper, dismiss from the department and from service any employe of said department, with or without charges or trial, and no dismissed person shall be entitled to any compensation after such dismissal, and the council may at pleasure change any member of the police department, except the chief of police, from one grade of service to another, and may change the amount of compensation of any member of the department, except the chief of police, at any time, and may suspend any member of the department with loss of pay for such time as it may fix. SEC. 4. The council shall have the power and it shall be its duty to make all such rules and regulations for the government and discipline of said police department, as it may deem best to secure thoroughness and efficiency. It shall prescribe the duties of the chief of police and of all regular and special policemen, in addition to those herein provided for, and shall provide for the preservation of the public peace, for the prevention of crime, for the arrest of all offenders against the peace and good order of the city, and of all persons violating the ordinances of said city. The members of such force shall have the power to suppress all riots, disturbances and breaches of the peace; to apprehend any and all persons in the act of committing any offense against the laws of this State or the ordinances of the city and all truants, vagrants and disorderly persons, and to take the offender forthwith before the proper court or magistrate to be dealt with according to law. It shall provide for the protection of the rights of persons and property, for the preservation of order at fires, and at all railroad depots and steamboat landings, and shall cause the enforcement of all ordinances of the city and laws of the State in regard to police and public health. fees, etc. SEC. 5. No member of the police force shall receive any fee, Not to receive gratuity or compensation of any kind whatever for the performance of any duty imposed upon him by law, the ordinances of said city or the orders of his superior officers, except such compensation as may be authorized by the council, nor shall he receive any fee, gratuity or compensation as a consideration or inducement for remitting or delaying the performance of any duty pertaining to his office. Any person violating the provisions of this section shall be deemed guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the State prison not more than one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment in the discretion of the court. TITLE XX. HEALTH DEPARTMENT. stitute board SECTION 1. The council shall constitute the board of health Who to confor said city of Muskegon Heights, and shall have and exercise of health. all the power and authority conferred on boards of health by the general laws of this State, so far as the same are consistent with the provisions of this charter. rules. SEC. 2. It shall be the duty of said board of health to adopt To adopt such rules and regulations for the preservation and protection of the health of the inhabitants of said city as in its judgment are deemed necessary. TITLE XXI. CEMETERIES. SECTION 1. The city may acquire, hold and own such ceme- City may own. teries or public burial place or places, either within or without the city limits, as in the opinion of the council shall be necessary for the public welfare. The council may prohibit the interment of the dead within the city, and limit such interment therein to such cemetery or burial place as it may prescribe, and may cause any body buried within the city in violation of any rule or ordinance made in reference thereto, to be taken up and buried elsewhere. Council may purchase. SEC. 2. The council may, within the limitations in this act contained, raise and appropriate such sums as may be necessary to purchase cemetery grounds, and for the improvement, adornment, protection and care thereof. Officers of village to be officers of city. Council may provide for registration. City to succeed to prop village. TITLE XXII. MISCELLANEOUS. SECTION 1. The officers of the village of Muskegon Heights at the time this act shall take effect shall also be the officers of the city of Muskegon Heights until their successors are elected and qualified, that is to say: The president of said vil. lage shall be the mayor of said city, the clerk and treasurer of said village shall be the recorder and treasurer of said city, the members of the board of trustees of said village shall be the council of said city, the village attorney, marshal and assessor of said village shall be respectively the city attorney, chief of police and assessor of said city, and shall perform the duties of their respective offices under this act. SEC. 2. The council is hereby authorized to make full provision for the registration of electors, and for holding the first election under this act in the several wards of said city, but five days' notice of the first registration and election under this act shall be sufficient notice. SEC. 3. The city of Muskegon Heights shall succeed to all erty, etc., of property, real, personal and mixed, and all rights of property in law or equity, all debts, fines, penalties and forfeitures, and all causes of action of the village of Muskegon Heights, or which may hereafter accrue to it, and the same are hereby absolutely vested in said city, and all claims, causes of action, and all rights and equities of said village may be prosecuted for and recovered by said city to the same extent which they might have been by said village had not this act been passed; and the city of Muskegon Heights shall assume and be liable for all indebtedness, contracts and liabilities of said village of Muskegon Heights, and shall fulfill and discharge the same, and the collection thereof and of all other demands against said village may be enforced in any competent court against said city, and no suit or proceeding now pending shall abate by reason of the passing of this act, but the name of this corporation shall be substituted in said suit or proceeding in the place and stead of said village, and said suit or proceeding shall then proceed in the corporate name of said city. Officers to transfer books, etc. SEC. 4. The officers of said village of Muskegon Heights shall transfer to the proper officers of the city of Muskegon Heights all books, papers, vouchers and property of every kind, in their respective offices, belonging to said village, and the treasurer of said village shall also turn over to the treasurer of said city all moneys in his hands or under his control, treasurer belonging to said village. Upon the audit of his accounts by When village the council and the payment of said moneys to the city treas- released from urer, the bondsmen of said village treasurer shall be deemed bonds. to be released from any liability for any disposition made of any city moneys after that date. The council shall make disposition of said moneys so received from the village treasurer as aforesaid into the several general funds provided by this act. SEC. 5. The ordinances, rules and regulations of the village Certain ordiof Muskegon Heights not inconsistent with the provisions of nances to conthis act, at the time this act shall take effect, are hereby continued in full force and effect until legally amended or repealed by the proper authorities of said city. execute bonds SEC. 6. Whenever an appeal shall be taken in any cause in City need not any court, or a writ of error issued in any suit, brought by or in suits. against said city of Muskegon Heights, it shall not be necessary, in order to perfect said appeal or to stay proceedings upon any judgment for the said city of Muskegon Heights to execute any bond or other undertaking. ration dis SEC. 7. Upon the taking effect of this act the village of Village corpoMuskegon Heights shall cease to exist as a corporation, ex- solved. cept as in this act otherwise provided, and said corporation shall be and become dissolved, and all of the territory embraced within the limits of the village of Muskegon Heights, and not included within the city of Muskegon Heights, shall be and become, for all purposes, a part of the township in which it is situated. SEC. 8. The school district or school districts, in which school dissaid city of Muskegon Heights is located, shall not be affected governed. or governed by the provisions of this act, but all of the laws and regulations now governing such district or districts, shall remain in full force and effect, the same as if such city had not been incorporated, and, for school and district purposes, the city of Muskegon Heights shall, in all respects, be treated and considered as a township. This act is ordered to take immediate effect. [No. 323.] AN ACT to incorporate the city of Beaverton, in the county of Gladwin. The People of the State of Michigan enact: contain. SECTION 1. The northwest quarter and the north half of Territory to the southwest quarter of section seven in township seventeen north, range one west shall be detached from the township of Divided into wards. First. Second. Third. City subject to general law. Village offcers to hold over. Council to Tobacco, and the north half, the north half of the southeast quarter, and the northeast quarter of the southwest quarter, of section twelve in township seventeen north, range two west, shall be detached from the township of Beaverton, and the said territory so detached is hereby incorporated, made and constituted into a city to be known as the city of Beaverton. SEC. 2. The said city shall be divided into three wards as follows: The first ward shall embrace all that portion of said city described as follows: Ross Brothers' addition to the vil lage of Beaverton and that part of the northwest quarter of section seven in township seventeen north, range one west, lying north of the center line of Brown street in the said city of Beaverton; the second ward shall embrace that portion of the territory in the city in section seven, township seventeen north, range one west, lying south of the center line of Brown street, blocks seven and ten in the Bliss, Brown and Ryan addition to the village of Beaverton, and those portions of blocks four and six in said addition lying easterly from the Pere Marquette railroad right of way in said city; and the remainder of the territory in said city shall constitute the third ward. SEC. 3. The said city of Beaverton shall, except as hereinafter provided, be governed and its powers and duties defined and limited by an act, entitled "An act to provide for the incorporation of cities of the fourth class," being act number two hundred fifteen of the public acts of eighteen hundred ninety-five, approved May twenty-seventh, eighteen hundred ninety-five, and all acts amendatory thereof, which said act, as the same is now or hereafter may be amended, is hereby made and constituted a part of the charter of said city of Beaverton. SEC. 4. The terms of office of all elective or appointive officers in the village of Beaverton, which now embraces all the territory by this act organized into a city, shall be extended to the first Monday in April, nineteen hundred three, at which time the first election shall be held in said city. The first election. present council of said village of Beaverton shall provide for the holding of said election by the appointment of a board of election commissioners, and by giving proper notice of the time and place in each ward where such election shall be held and of the officers to be elected. provide for Compensation of officers. Accounts between city SEC. 5. The mayor and aldermen of said city shall serve without compensation. SEC. 6. The rights and liabilities as between the city of and township, Beaverton and the townships of Tobacco and Beaverton shall how adjusted. be adjusted according to the provisions of act number thirtyeight of the Public Acts of eighteen hundred eighty-three, entitled "An act to provide for adjustment of rights and liabili ties on division of territory of cities and townships," and any liability accruing to the city of Beaverton by reason of the detachment of territory from either of said townships shall be |