Sections amended.

Annual elections.

Officers.

Term of office.

Village board.

President.

President pro tem.

Inspectors of election, etc.

[No. 229.]

AN ACT to amend sections two, four, seven, thirteen, fourteen, fifteen, twenty, twenty-four, and twenty-eight of act number two hundred and fifty-six of the session laws of eighteen hundred and seventy-one, entitled "An act to incorporate the village of Grass Lake," approved March thirty-first, eighteen hundred and seventy-one.

SECTION 1. The People of the State of Michigan enact, That sections two, four, seven, thirteen, fourteen, fifteen, twenty, twenty-four, and twenty-eight of act number two hundred and fifty-six of the session laws of eighteen hundred and seventy-one, entitled "An act to incorporate the village of Grass Lake," approved March thirty-first, eighteen hundred and seventy-one, be and the same are hereby amended so as to read as follows:

SEC. 2. The qualified electors of said village shall on the first Monday of March, in the year one thousand eight hundred and seventy-seven, and on the first Monday of March annually thereafter, at such place as shall be designated by the village board, by ballot, by a plurality of votes, elect a president, three trustees, an assessor, and a treasurer. The president, assessor, and treasurer shall hold their respective offices for one year, and the three trustees for two years, and until their successors shall be elected and qualified: Provided, That if an election shall for any cause not be held as herein provided, the said corporation shall not for that cause be dissolved, and it shall be lawful to hold such election at any time thereafter, public notice being given as prescribed by this act for the holding of the general village election. The president and three trustees clected as aforesaid, together with the three trustees whose term of office is unexpired, shall constitute the village board, and a majority of the board shall constitute a quorum for the transaction of business, and a less number may adjourn from time to time. The president shall be the chief executive officer of the village, and shall have a vote on all questions as a member of said board. He shall preside at the meetings of the board, and it shall be his duty to see that all the officers of said village faithfully discharge their duties, and in case of his absence or inability to serve, the trustees shall have power to elect from their own number a president pro tem., who shall have all the powers and perform all the duties of the president. All elective officers holding office under the charter of said village at the time of the passage of this act shall continue to hold their respective offices during the full term for which elected, and shall possess the same powers and perform the same duties as now required by law.

SEC. 4. Any two of the trustees, to be designated by the board, may be inspectors of election, and the clerk of the village, or his substitute shall be clerk of election; and the inspectors and clerk shall take an oath to be administered by some person authorized to administer oaths, to faithfully and impartially discharge their duty as inspectors or clerk of election. All elections in said village

conducted, etc.

shall be conducted as nearly as may be in the manner provided by Elections, how law for holding general elections in the State, and for canvassing the vote and determining the result of such elections, except as herein otherwise provided; and the inspectors shall have the same powers for the preservation of order and enforcing obedience to their lawful commands during the time of holding the election and the canvass of the votes as are conferred by law upon inspectors of general elections held in this State. The village clerk and two of Board of regis the trustees to be appointed each year by the board, shall be the tration. village board of registration. On the Saturday previous to the day Completing of holding any annual or special election, and on any other days registration. that the village board may appoint, the board shall be in session for the purpose of completing the registration of the electors of the village. Notice of the time and place of such registration shall be Notice of regis given with the notice of said election. In making and completing tration, etc. any such registration, the board shall proceed in the same manner and conform to the same rules, as near as may be, as are by law provided for registering electors in townships. The register now in use in said village may be used under the provisions of this section.

make ordinances

SEC. 7. The village board shall have power to ordain and establish Board may by-laws, rules and regulations, and to alter and repeal the same at for government pleasure, for the following purposes, viz.: For the appointment of of village. a marshal and prescribing his duties, and such other officers for Marshal, etc. said village as they may deem necessary and right; for the maintenance of the public property and buildings of said village; to Police, etc. regulate the police thereof; to preserve the public peace; to prevent riots, disorderly assemblages, and disturbances; to appoint watchmen and policemen and organize a fire department, and Fire department. define their duties and prescribe penalties for their delinquencies;

saloons, etc.

to restrain, apprehend, and punish vagrants, mendicants, drunk- Vagrants, drunkards, and all disorderly persons; to punish lewd and lascivious ards, etc. behavior in the streets or other public places; to suppress Gaming houses, and restrain gambling and all disorderly and gaming houses, etc. billiard tables, and other devices and instruments of gaming; and shall have the exclusive power and authority to license such License of persons as hotel and tavern keepers and common victualers, or saloon keepers, as they shall think best; to prevent selling or giving away of spirituous or fermented liquors in violation of law; to Immoderate prevent and punish immoderate riding or driving in the streets; to driving. abate, prevent, and remove nuisances; to suppress all disorderly Nuisances and houses and houses of ill-fame, and to punish the keepers and inmates houses of illthereof; to prevent and compel the removal of all encumbrances, Incumbrance of encroachments, and obstructions upon the streets, lanes, alleys, streets, etc. parks, and public grounds; to compel the owners and occupants of lots to clear sidewalks in front of and adjacent thereto of snow, ice, dirt, mud, boxes, and every incumbrance or obstruction thereto; to regulate the storage of powder, lumber, or other combustible Combustible material; to prevent the use of fire-arms, slung shots, and other materials, etc. weapons, and fire works; to construct and regulate markets, the Markets. vending of poultry, meat, vegetables, fruits, and fish; to regulate

fame, etc.

Fire-arms, etc.

Weights and

measures.

Pounds, etc.

Dogs.

Hacks, etc.

Runners, waterworks, lighting ing money, etc.

streets, borrow.

Proviso.

in public, cemeteries, etc.

grades of streets,

etc.

of buildings,

etc.

the sale of hay, wood, lime, lumber, and coal; the sealing of weights and measures; to regulate and maintain pounds, and to provide for the restraint of horses, cattle, sheep, swine, mules, and other animals, geese or other poultry; to prevent the running at large of dogs, to require them to be muzzled, and to authorize their destruction if found at large in violation of any ordinance; to regulate and license cartmen, porters, hacks, cabs, to regulate their rates of compensation, to prevent runners from soliciting travelers; to construct hydraulic or other water works to supply the village with water; to light the streets; to borrow money for public improvements, not exceeding fifteen hundred dollars in any one year: Provided, The electors of said village, at any election duly held in said village, shall so determine; to establish wells and cisWater, bathing terns and to prevent the waste of water; to prevent the bathing in public streams; to purchase and regulate cemeteries and the burial of the dead, and to provide for the return of bills of mortality, and to order the use for burial purposes of any burial grounds, or cemetery to be discontinued whenever they may deem the same necessary for the best interests of [or] health of the citizens; to ascertain, Boundaries and establish, and settle the boundaries of all the streets and alleys, and to establish grades therefor; also, to order and cause lots to be drained or filled up, and to assess the cost and expense on the Fences, erection premises benefited; to regulate the building of partition and other unsafe buildings, fences; to establish lines upon which buildings shall be erected, and beyond which such buildings shall not extend; to prevent the erection of buildings in an unsafe manner, and to pass all necessary regulations relative to buildings deemed unsafe; to purchase and keep in order fire engines and other fire apparatus, and to construct buildings therefor, and to cause each building occupied as a house, store, or shop, to be provided with fire-buckets and ladders; to establish fire limits within which no wooden building shall be built, enlarged, or placed; to regulate party walls, chimneys, flues, and putting up stoves, and stove-pipes; to regulate the Smith shops, etc. Construction of smith shops, planing establishments, bakeries, and all other buildings considered extra hazardous; to guard against Fees of officers, fires; to regulate the duties, powers, and fees of the village offiShade trees, etc. cers; to prescribe the setting of posts and shade trees; to provide for the grading and construction of sidewalks and repairing the same, and to assess the cost and expense thereof on the lot or lots in front of or adjoining said improvements; to grade the streets Grade of streets, and alleys at the general expense, provided that no street shall be lowered by grading, as heretofore provided, to exceed one foot in front of or in the immediate vicinity of any brick building, or block of brick buildings, located on the line of the said street so graded; to prescribe the manner of planking or paving them, the cost and expense of which shall be paid by assessment on the lots in front of or adjoining said improvements; to construct and keep in repair the public highways, bridges, culverts, and sewers; to lay out new streets and alleys, and extend those already laid out under the restrictions provided in this act; to vacate streets and alleys by

Fire apparatus.

Fire limits.
Party walls.

Chimneys, etc.

Sidewalks.

etc.

a unanimous vote of all the village board and payment of all damages incident thereto, to parties in interest, to be allowed by arbitrators; to prescribe the levying and collection of the highway and Highway taxes, other taxes; to provide for taking a census whenever they shall see Census. fit, not oftener than once in five years; to regulate the running of Railroads, etc. locomotives and cars within the limits of the village; to regulate

streams.

public purposes.

the grades of rail or plank roads; to regulate theatres, shows, and Exhibitions, etc. concerts; to regulate and tax, at their discretion, auctioneers, or Auctions, etc. auction sales, gift enterprises, hawkers, hucksters, peddlers, and pawnbrokers; to provide for removing driftwood from the brooks, Obstruction of creeks, and all streams within the limits of the corporation, and to prevent the placing therein of any obstruction, and the depositing of all filth and impure matter tending to render the water thereof unwholesome, and so to regulate and improve the channel of the brooks and creeks as to secure the free and uninterrupted passage and discharge of the water thereof; to rail and curb where neces- Curbing, etc. sary all walks at the expense of the owners of the adjoining lots; to levy taxes not exceeding one per cent upon the assessed value Taxes. thereof on all personal and real estate within the limits of the village, except property belonging to the village, town, county, or State, excepting, also, places of public worship belonging to any church or congregation, and on all grounds and buildings used exclusively for educational purposes; to take the land of any individual To take private for the purpose of constructing, widening or extending streets, but property for not until said individual shall be paid the value thereof, and of the buildings upon said land, and all damages he will sustain, as provided for in this act; and to make and enact all ordinances and General power regulations, not in violation of the constitution and general laws of nances. the State, as may be necessary for the safety and good government of the village and the general welfare of its inhabitants. For the Penalties. violation of any by-laws, rules, and regulations such reasonable penalties and fines may be imposed by the law itself as the village board may deem proper; and when any fine or penalty shall not exceed one hundred dollars the same may be recovered before any justice of the peace in the township of Grass Lake, subject to appeal as in other cases, and any interest the inhabitants of the village of Grass Lake as a corporate body may have in the fine and penalty to be recovered shall not disqualify any inhabitant of said village to try said cause, or serve as a juror: Provided, Such Proviso. inhabitant shall have no interest in such suit other than in general as being a resident thereof; and the circuit court of the county shall also have jurisdiction over all causes punishable by fine and penalties imposed by said by-laws where the fine or penalty shall exceed one hundred dollars.

to enact ordi

SEC. 13. The assessor of said village shall, on or before the sec- Assessment roll. ond Monday in May in each year, make an assessment roll containing a description of all property, both real and personal, liable to taxation in said village, and shall insert the name of the owner, occupant or agent thereof, if known, and shall set down in such roll the valuation of such property at its fair cash value,

of taxes.

placing the value of personal property on a separate line. It shall Review of same. be the duty of the village board, immediately after the completion of the assessment roll as aforesaid in each year, to give ten days' notice by publication in a newspaper published in said village, if there be any, and if not, then by posting said notice in five public places in said village, of the time and place of reviewing said assessment roll, under the supervision of the president and assessor, that any party deeming himself aggrieved may be heard, and the roll may then be altered if it shall be made to appear to the satisfaction of the president and assessor that any person has been wrongfully Apportionment assessed. It shall be the duty of the president and trustees, immediately after such review, to apportion or cause to be apportioned and set down in a column or columns left for that purpose, opposite to the several sums set down as the value of the real and personal estate and the polls, the respective sums, in dollars and cents, to be paid as a tax or assessment thereon; and they shall cause said Delivery of tax assessment roll, or a copy thereof, to be delivered to the treasurer of said village, with a warrant annexed to the same, under the hands and seals of the assessor and trustees, or a majority of them, directing him to collect from the several persons named in said roll the several sums set down in the last column thereof opposite their respective names as the tax assessment, and authorizing him, in case any person therein named shall neglect or refuse to pay such sums, to levy the same by distress and sale of his or her goods and chattels, together with the costs and charges of such distress and sale, by a certain day to be therein named, not less than forty days Warrant may be from the date of said warrant, and said warrant may be renewed from time to time, as the village board shall deem best. Assessments for special improvements may be made at any time, notice being given of the review of said assessment as herein provided.

roll to treasurer with warrant.

renewed.

Special assessments.

Distress and sale for taxes.

Unpaid taxes on real estate.

Interest.

Sale for taxes.

Notice of sale.

SEC. 14. If any person shall neglect or refuse to pay the sum or sums at which he shall be assessed as aforesaid, the treasurer is hereby authorized and required to levy the same by distress and sale of the goods and chattels of the person who ought to pay the same, first giving public notice thereof as required by law to be given by township treasurers, and in case the goods and chattels distressed shall be sold for more than the amount of the tax or assessment, with the costs of distress and sale, the surplus shall be paid to the owner of such goods and chattels, on demand.

SEC. 15. The tax upon real estate, with all the assessments for the purposes named in the eighth section of this act, shall be put down in the said assessment roll by itself in a column, and whenever any such tax or assessment and the interest thereon, computed at the rate of fifteen per cent per annum until paid, shall remain unpaid for one year from the date of the warrant to the treasurer as aforesaid, the treasurer of said village shall cause so much of the land charged with such tax, assessment and interest, to be sold at public auction, at some public place in said village, to the highest bidder, as shall be necessary to pay the said taxes, assessments and interest, together with the charges thereon, first giving at least two months' notice of the time and place of said sale by advertisement