Village tax es. Duties of Diarshal of village. Power of president & trustees in relation to highways. Sec. 4. The citizens of said village, in legal meeting assembled, 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. Sec. 5. The marshal shall be the collector of such taxes, and 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 tax, 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 out new highways, streets and public walks, for the use of said vilstreets and lage, and to alter those already laid out in said village, and to exchange 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 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. General powers of trustees. Sec. 7. The president and trustees, or a majority of them, shall 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; relative to wharves, channels, anchoring and moorage of vessels; relative to trees planted for shade, ornament, convenience and use, public or private; relative to trespasses 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. Powers of 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 have and are; and shall execute all lawful precepts to him Grant and leases by trustees. 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 President & lage, and sealed with the village seal, and approved by said village in legal meeting assembled shall be good and effectual in law, to convey the estate intended to be conveyed by such grant or lease: Provided, The same 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 vote or choice of said village; and the said village shall have power, in legal meeting assembled, to choose all other officers not enumerated in this act, which shall be necessary to carry the by-laws of said village into execution. Vacancy in sident, &c. 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 oaths by the laws of this state. Sec. 11. Whenever the president or any other officer of said office 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 meeting of said village, or of said president and trustees, shall be ex-offici moderator thereof; and the meeting of said village may, from time to time, be adjourned by a majority of the citizens present; and the said village may at any time hold special village meetings, whenever, in the opinion of the president and trustees or a majority of them, the circumstance of the village require it. Service of gainst vil-] lage. Sec. 12. Whenever any action or suit shall be commenced process a against said village, process against said village, may be served by the leaving of a copy of such process, attested by the proper of ficer, with the clerk of said village, or at his usual place of abode therein, whose duty it shall be to inform forthwith the presiden: and trustees thereof; and it shall be the duty of the clerk to make 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, two trustees, clerk, treasurer and marshal, and to transact such other business as may be necessary, a copy of this section of this 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 attend said first meeting. At said first meeting, and immediately preeeding the opening of the polls, a moderator and clerk shall 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, 1849. [No. 256. ] AN ACT to change the name of the township of Ransom, in Hills dale county. town of 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 Ransom Ransom, in Hillsdale county, be changed to that of Bird. Sec. 2. This act shall take effect from and after its passage. changed to Bird. Act amended [No. 257. ] AN ACT to amend an act entitled "an act to incorporate the New 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 to 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 eases before justices of the peace moved by circuit cour: [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 Represen in criminal tatives of the State of Michigan, That a writ of certiorari to remove into the circuit court of the proper county a conviction had may be re- under the provisions of chapter ninety-four of the revised statutes certiorari to of eighteen hundred and forty-six, may be allowed on the application of the party convicted by the circuit judge or circuit court commissioner. The party desiring such certiorari, or some one in his beaidavit of half, shall apply for the same within twenty days after such conviction shall have been had, and shall make an affidavit specifying the alledged error or errors in the proceedings or judgment complained of. Application for writ and error. Allowance of writ. Service of Sec. 2. If the person to whom application for such certiorari 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. Sec. 3. The writ of certiorari and affidavit, shall be served upon and return, the justice before whom such conviction was had, within ten days after such allowance; and the justice shall make a return to all the to certiorari matters specified in such affidavit, and shall cause such writ, affida |