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to surrender books and papers.
same, by publication in all the papers printed in said xzlage. And all subsequent elections shall be holden on the second Tuesday of March in each and every year, at such place as the common council shall direct; and it shall be the duty of the recorder to give notice as aforesaid of the time and place of holding such election. And on and after holding the first election as aforesaid, the officers then holding office by virtue of election or appointment under any former
act or acts incorporating said village, shall be deemed to have filled Old officers the full time for which they were elected or appointed, and shall sur
render to their successors, all books, papers and other articles pertaining to their offices or belonging to said village.
Sec. 4. The qualification of voters, the manner and time of openManner of conducting ing and closing the polls and of canvassing the votes, shall be the
same as provided by law for the general election of State officers. The present recorder and three of the present trustees, to be designated by the present common council, shall be the first board of election; and thereafter the recorder and such number of trustees as shall be designated by the common council, not less than three; and either of them may administer the oath to the electors; and any person who shall knowingly and falsely tale such oath, shall be
deemed guilty of perjury, and on conviction thereof shall be liable Perjury.
to the same penalties as are provided for the punishment of that crime by the laws of this State.
Sec. 5. The president, recorder and trustees of said village shall -- its powers be a body corporate and politic, with perpetual succession, by the
name of the “Common Council of the village of Niles;” and by that name they and their successors in office shall be known in law, and shall be capable of sueing and being sued in any of the courts of this State; may have a common seal, and may alter or change the same at pleasure, and may take, purchase, hold, lease, sell and convey any real and personal estate for the use and benefit of said corporation.
Sec. 6. The officers aforesaid shall, before entering upon the duties of their respective offices, severally take and subscribe before some officer authorized to administer oaths, an oath or affirmation to support the constitution of the United States, and of this state, and faithfully perform the duties of the offices to which they are elected; which oath or affirmation shall be filed with the recorder: and the
Oath of of. ክ tie
treasurer shall, before entering upon the duties of his office, execute Treasurer's and deliver to the common council a bond, with two or more approved sureties, in such penal sum as the council shall direct, conditioned for the faithful performance of his duties.
Sec. 7. The president, recorder and trustees, or a majority of them Meetings all, when assembled and organized, shall constitute the “common council of the village of Niles.” It shall be the duty of the president to preside at their meetings, to call them together as often as he may deem necessary, or when requested to do so by two or more of the trustees; and when so assembled it shall be the duty of the recorder to Record of
proceedings keep a fair and accurate record of all their proceedings, and to preserve the same in a book to be prepared for that purpose.
Sec. 8. The common council shall have power to appoint a marshal, collector, street commissioners, assessors and all other officers pointed by
council. and agents deemed by them to be necessary for carrying on the affairs of said village; to require of them such bonds for the faithful Give bonds. performance of their duties as they may deem proper, and to dismiss them at pleasure. The officers and agents so appointed shall, before entering upon the duties of their offices, take and subscribe Oaths of ofthe oath of office provided in section 6, before the recorder, who is hereby authorized to administer the same.
Sec. 9. The common council shall have power to make by-laws General and ordinances relative to regulating the duties, powers and fees of all officers by them appointed; relative to the time and manner of working the streets, lanes and alleys of said village; relative to the manner of assessing, levying and collecting all taxes in said village; relative to the grading the streets and sidewalks, and planking, paving and railing the same; relative to setting awning and other posts and shade trees in the streets; to the building and repairing all bridges, and to prevent all obstructions of streets, sidewalks and bridges, and for the prevention and abatement of all nuisances within said village.
Sec. 10. The common council shall have power to make all such fbid. y-laws and ordinances as they shall deem necessary to secure the inhabitants of said village from injuries from fire, and from persons violating the public peace; for the suppression of riots, gambling, and other disorderly conduct, and for the punishment of the same; for the apprehension and punishment of all drunkards, vagrants and idle persons; and they shall have the power generally to make all
powers of COM Don council.
such by-laws and ordinances, which shall not conflict with the con stitution and laws of this State, as to them shall appear necessary for the safety and good government of the said village and the inbabitants thereof, and to impose and collect for the use of said village, such fines, penalties and forfeitures from all persons violating the same, as they shall deem proper: Provided, That the penalties imposed by the said by-laws and ordinances for acts which are also in violation of the statutes of this state, shall not exceed the statutory punishment for said acts.
Sec. 11. The common council shall have exclusive power and authority to license all tavern keepers, common victuallers, and retailers of spirituous and fermented liquors, under such restrictions and regulations as they shall by public ordinance establish, and to prohibit the sale of all spirituous and fermented liquors in less quantities than 28 gallons in said village; to license all shows, theatres, circuses and public exhibitions, and to fix the rates to be paid for the same: Provided, No exhibition of any circus shall be at a less price than twenty-five dollars per day, or for a less time. They shall have power to regulate the selling and measuring fire-wood, weighing hay, and to prescribe and designate the stand for carts, wood, hay, and produce exposed for sale in the streets of said rillage; to prevent and punish persons for immoderate riding or driving in the streets; to regulate and prohibit bathing in any public waters of said village; to provide for clearing the waters of tire St. Joseph river within the bounds of said village from obstructions, and to regulate all grave yards for the burial of the dead.
Sec. 12. The common council shall have power to establish the line upon which buildings and fences may be erected, and beyond which buildings and fences shall not extend; to establish the width and grade of side walks, and to construct all such side and cross walks, drains, gutters and sluices as are necessary in the streets, lanes and alleys of said village, and to assess the cost of the same apon the property benefitted, and to collect such assessment of the owner or occupant of such property, or to sell the property for such assessment, in the same manner as hereinafter provided for the sale of property for other taxes.
Sec. 13. The assessors of said village shall, once in each year, and on or before the first day of May, make an assessment roll of all the
Duties of as. reso.
ment of tax,
real and personal estate in said village, and the names of the owner or owners, if known, of each parcel of such real estate, and the names of all persons liable to pay a poll tax, and shall set down in such roll the valuation of all such property at its fair cash value, and shall give notice of its completion by publication in all the papers printed in said village, by at least two insertions, stating the time and place where they will meet to hear the objections of any person terested in such valuation; and it shall be the duty of the assessors to hear and determine the objections of all such persons, and to reduce such valuation on sufficient cause shown. And the common council may, at any time before the tax is collected, review such assessment roll and correct any description of real estate which they may find erroneously or imperfectly described, and may add the name of any person liable to pay a poll tax which they may find to have been omitted,
Sec. 14. On completion of the assessment roll as aforesaid, the Apportion common council shall assess and apportion upon the real and personal estate therein described, such tax as they deem necessary for the use of said village for the current year, not to exceed one thousand dollars in any one year, and a further poll tax, not exceeding one dollar upon each and every male inhabitant of said village over twenty-one and under fifty years of age; and the recorder shall make a duplicate of the roll for the use of the collector. But the com
Expendimon council shall have no power to contract debts and make expen- tures limit'd ditures in any one year which shall together exceed the amount of taxes and other retenue for the same year.
Sec. 15. Every assessment of any tax lawfully imposed, shall for- Tax to reever be and remain a lien upon the real estate upon which it is levied, from the time of making the assessment or imposing the tax, and the owner or occupant or parties in interest respectively in such real estate, shall be liable on demand to pay every such assessment or tax levied or imposed upon real or personal estate as aforesaid; and in May sel! default of such payment on demand, it shall be lawful for the col- property for lector to seize upon, remove and sell the personal property of such owner or occupant, or any other personal property found on the prem
the same, together with the costs and expenses of such sale; and no claim of property to be made thereto by any other per.
main a lien.
son, shall be available to prevent a sale. All sales so made shall be in the same manner and with like notice as is required of township collectors by the laws of this state.
Sec. 16. In case no property can be found on any of the real esmale of lands tate taxed, and the taxes remain unpaid at the expiration of the war
rant of the colleetor, it shall be his duty to make return thereof to the common council, who shall thereupon direct the treasurer to sel! the real estate upon which the taxes remain unpaid at public auction, first giving thirty days notice of the same by publication in one of the papers printed in said village, which notice shall contain a concise description of the real estate, the amount of tax thereon, and the time and place where it will be offered for sale. At the time and place appointed, the treasurer shall proceed to offer the different parcels of real estate for sale at public auction, and shall sell the same to the person who will take the least part or portion thereof and pay the taxes, interest and cost due thereon; and the treasurer shall thereupon make and issue his certificate to such purchaser, setting forth the sale, and that the purchaser will, in two years from the date thereof, be entitled to a deed of the premises, unless redeemed as hereinafter provided. At the expiration of two years from the date of such certificate, unless redeemed, the treasurer, or his successor
in office, shall execute and deliver to the purchaser, his, her or their Deed.
heirs and assigns, a deed of the premises, which deed shall be pri
ma facia evidence of title in any of the courts of this state. Rerlemption
Sec. 17. Any owner of real estate so sold, may, within two years from the day of such sale, redeem the same by paying to the treasurer of said village the amount for which it was sold, together with ten per cent. interest thereon for the purchaser, and a further sum of ten per cent. on the amount of sales for the use of said vi). lage.
Sec. 18. It shall be the duty of the treasurer to safely keep all moneys coming into his hands, belonging to the corporation, and to pay the same on the order of the recorder, countersigned by the president, and at the expiration of his office, to hand over all moneys remaining in his hands, and all books and papers pertaining to his office, to his successor.
Sec. 19. The recorder of said village shall be a police justice of
Duties of ueasures.
noties of rer order.