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es.

Diarshal of

Sec. 4. The citizens of said village, in legal meeting assembled, Village tax

shall have the power to levy taxes on the polls and estate within the limits of said village, and on transient traders, for such purposes as

said village shall think proper. Duties of Sec. 5. The marsbal shall be the coilector of such taxes, and village, in case of fines, is hereby authorized and required to collect and pay

over to the treasurer, all such sums of money as shall be levied for the use of said village, within two months from the time of his receiving a warrant therefor, and the treasurer's receipt shall be his voucher, upon his settlement with the president and trustees, which shall be, when thereunto by them required, at the expiration of the two months as above. The marshal shall give ten days notice before he makes distress for the collection of any lax, and if the tax on any lot on which no personal property can be found, shall remain unpaid one month after the expiration of the two months, aforesaid, the said marshal shall give notice by advertisement in some newspaper printed in said village, or by posting such notice in five of the most public places in said village, of the amount of such tax, and the number or other description of the lot or lots on which it is due; and if such tax shall not be paid within one month after the the date of such advertisement, the marshal may in such case proceed to sell so much of said lot or lots as will discharge the same. The marshal and treasurer shall, before they enter upon the duties of their office, give bond with sureties to the president and trustees and their successors in office, which bond with sureties to be approved by said president and trustees, conditioned for the faithful discharge of the duties of their respective offices. The treasurer shall pay over all moneys by him received for the use of the village, to the order of the president and trustees, and shall, when required, submit his books and vouchers to their inspection.

Sec. 6. The president and trustees are hereby empowered to lay Power of president &

out new highways, streets and public walks, for the use of said vil. streets and lage, and to alter those already laid out in said village, and to ex: highways.

change highways for highways or to sell highways for the purpose of purchasing other highways, taking in all respects the same measures as are or may be directed by the laws of this state, as near as may be; and the party aggrieved by the laying out of such street or highways, may have the same remedy by application to

trustees in relation to

powers of

trustees.

the county courts, or otherwise, as is or may be provided in case of other highways: whenever such highways so laid out by said president and trustees may become unnecessary for public use, they may be discontinued by said president and trustees.

Sec. 7. The president and trustees, or a majority of them, shall General have power to make by-laws relative to market and commerce president & within the limits of said village; relative to streets and highways of said village; relative to nuisances within said village limits; relacive to wharves, channels, anchoring and moorage of vessels; rel. ative to trees planted for shade, ornament, convenience and use, public or private; relative to trespusses committed in gardens; relative to walks and buildings, public and private; relative to sweeping of chimneys and preserving said village from injury by fire; relative to warning meetings of said village, and of said president and trustees, and the times and places when and where they shall be holden; relative to the mode of taxation, as to taxes to be levied in said village; relative to the penalties to be incurred by those who, being chosen to office, shall not being excused by said village) refuse to serve; relative to the burial of the dead; relative to public lights and lamps; relative to restraining horses, cattle, sheep, swine or any geese from going at large within the limits of said village; and to establish penalties for the breach of said by-laws: Provided however, That such penalties shall in no case exceed the sum of twenty-five dollars for one offence; and said penalties shall be pay. able to the treasurer, or to such other person as the by-laws shall direct, and be recoverable by action of debt, to be brought before any justice of the peace resident within said village or before any other competent authority: Provided however, That no by-laws of said village shall be repugnant to the laws of this state; And provided also, That all by-laws made by said president and trustees shall be published by advertisement, set up in the most public place within said borough, or in some newspaper printed therein, at least three weeks successively, before the same shall be of any validity.

Sec. 8. The marshal shall, within the limits of said village and on the waters of the same, have the same powers, authorities and marshal. privileges, and be liable to the same suits or penalties for neglect of duty in any case whatever, to all intents and purposes as constables by law bave and are; and shall execute all lawful precepts to him

Powers of

Grant and leases by

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directed, whether issued by virtue of the by-laws of said village, or by the laws of the state within his said described limits.

Sec. 9. All grants or leases of real estate belonging to said vil. prezident & lage, and sealed with the village seal, and approved by said village

in legal inecting assembled shall be good and effectual in law, to convey the estate intended to be conveyed by such grant or lease: Provided, The saine is recorded in the records of said village; and that said village shall have the power to appoint inspectors of every kind of produce brought to said village for sale or exportation; and the votes or choice of a majority of the citizens present at any legal meeting, shall be considered in all cases the voie or choice of said village; and the said village shall have power, in legal meeting assembled, to choose all other officers tot enumerated in this act, which shall be necessary to carry the by-laws of said village in execution.

Sec. 10. The president, trustees, clerk, treasurer and marshal of said village, and inspectors of produce brought to suid village, for sale or exportation, shall severally take and subscribe the oath prescribed by the constitution of this state within five days after they may respectively receive a notice of their election, which oath may be administered by any person qualified to administer such vaihs by the laws of this state.

Sec. 11. Whenever the president or any other officer of said Vacancy in Sitice of pre- village shall resign, or be removed, by death or otherwise, another

shall be chosen and sworn in his stead; and the president of said village, or in his absence, the senior trustee present at any mee:ing of said village, or of said president and trustees, shall be ex offich) moderator thereof; and the meeting of said village may, froin time to time, be adjourned by a majority of the citizens present; and the said village may at any time hold special village meetings, whesever, in the opinion of the president and trustees or a majority of them, tlie circumstance of the village require it.

Sec. 12. Whenever any action or suit shall be commenced process a- against said village, process against said village, may be served liv

the leaving of a copy of such process, attested by the proper o.ficer, with the clerk of said village, or at his usual place of abode therein, whose duty it shall be to inform forth with the president and trustees thereof; and it shall be the duty of the clerk io make

Service of

gainst vil lage.

and keep a just and perfect record of all and every law and ordinance made and established by said village, and of all the corporate proceedings thereof; and the record so made by the clerk shall at all times be open to the inspection of any citizen of said village; and the president and trustees of said village are hereby authorized to fix and establish such fees to the clerk, treasurer, marshal and other officers of said village as to them shall seem necessary and proper.

Sec. 13. The first meeting of said village shall be holden on the ist meeting. first Monday in June next, at the school house in said village, at one o'clock in the afternoon, for the choice of a president, iwo trustees, cierk, treasurer and marshal, and to transact such other business as may be necessary, a copy of this section of th's act, duly

certified by any citizen and published in three public places within -said village, at least five days before the said first Monday of June next, shall be a legal warning of the citizens of said village, to aitend said first meeting. At said first meeting, and immediately preeeding the opening of the polls, a moderator and clerk shail be chosen, by the proper electors viva voce, who shall see that the election is duly conducted and certified.

Sec. 14. This act shall take effect and be in force from and after its passage.

Approved April 2, 1819.

1

[ No. 256. ] AN ACT to change the name of the township of Ransom, in Hills

dale county: Section 1. Be it enacted by the Senate and House of Representa- Name of tives of the State of Michigan, That the name of the township of

changed to Ransom, in Hillsdale cousty, be changed to that of Bird.

Sec. 2. This act shall take effect from and after its passage.
Approved April 2, 1849.

town of Ransom

Bird.

Act amend ed

[ No. 257. ) AN ACT to amend an act entitled "an act to incorporate the New

Baltimore and Romeo Plank Road Company,” approved April 3, 1848. Section 1. Be it enacted by the Senate and House of Represen. tatives of the State of Michigan, That an act entitled "an act 10 incorporate the New Baltimore and Romeo plank road company," approved April 3, 1846, be amended by striking out of the third line of section two of said act the words “St. Clair," and insert in lieu thereof the word “Macomb."

Sec. 2. This act shall take effect and be in force from and after its

passage.
Approved April 2, 1849.

Convictions

Cares before

the peace

[ No. 258. ] AN ACT to amend chapter ninety-four of the revised statutes in

relation to criminal proceedings. Section 1. Be it enacted by the Senate and House of Represenin criminal tatives of the State of Michigan, That a writ of certiorari to rejustices or

move into the circuit court of the proper county a conviction had mavee been under the provisions of chapter ninety-four of the revised statutes certiorarit. of eighteen hundred and forty.six, may be allowed on the application circuit cour:

of the party convicted by the circuit judge or circuit couri commisApplieation

sioner. The party desiring such certiorari, or some one in his beafidavit or half, shall apply for the same within twenty days after such con

vietion shall have been had, and shall make an affidavit specifying the alledged error or errors in the proceedings or judgment complained of.

Sec. •2. If the person to whom application for such certiorari Allowance

may be made, shall be satisfied that any error has been committed in the proceedings or judgment, he shall endorse upon the affidavit

his allowance thereof. Service of

Sec. 3. The writ of certiorari and affidavit, shall be served upon 20 certiorari the justice before whom such conviction was had, within ten days

after such allowance; and the justice shall make a return to all the matters specified in such affidavit, and shall cause such wsit, affida.

error

of writ.

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