How lands taken for public use, etc. tion to take, etc. with owners, etc. When parties cannot agree, moned. the board of trustees for any of the purposes named in section twenty-eight of this act, or for any public purpose provided for in and by virtue of this act, within the limits of said village, the president and trustees shall give notice in writing thereof, by perNotice of inten- sonal service, or by written notices posted up in three of the most public places in said village, in the same manner as is required by the commissioner of highways in townships for the taking of lands for highway purposes, to the owner or parties interested in said lands, his, her, or their legal representatives, at least three weeks next preceding the meeting of the said board of trustees of the intention of said board of trustees to take such land for the purpose or purposes in said notice mentioned, after the expiration of Board may treat which time, the president and trustees are authorized to treat with the owner or parties interested in said lands, his, her, or their legal representatives; and if at the expiration of the time limited, as aforesaid, for the publication or service of notice, the parties cannot jury to be sum. agree therefor, it shall and may be lawful for the board of trustees to direct any justice of the peace of the township of New Buffalo to issue a venire facias to command the marshal of said village, or any constable of the county of Berrien, to summon a jury of twelve disinterested freeholders, residing within said county of Berrien, to appear before said justice, at a time and place therein stated, to inquire into the just compensation to be paid therefor to the owner, or owners, his, her, or their legal representatives, which jury being first duly sworn by said justice, faithfully and impartiaward damages. ally to inquire into the just compensation to be made therefor, and having viewed the premises, if necessary, shall inquire of and assess such damages and compensation as they shall judge right and proper to be awarded to the owner or owners of, or parties interested, his, her, or their legal representatives therefor, for their respective losses, according to the several interests or estates Judgment to be therein; and the said justice shall, upon the return of such assessment or verdict, enter judgment therefor confirming the same; and such sum or sums so assessed, together with the costs, shall be paid, or legally tendered, before such land, grounds, or premises shall be taken for the uses of said village, to the person or persons, his, her, or their legal representatives in whose favor said judgment shall be rendered, if known, and if unknown, then the said sum or sums of money shall remain in the treasury of said village to the credit of the person or persons to whom it properly belongs, and it shall thereupon be lawful for the board of trustees to cause the said land, grounds, or premises to be occupied and used for the purpose in such notice mentioned. Jury to view premises, and entered. Payment and tender of amount allowed. Occupancy of land, etc. SEC. 30. The president and trustees, or any party or parties claiming damages as aforesaid, may have the right to remove such proceedings by appeal to the circuit court for the county of Berrien, upon giving notice of his, her, or their intention so to do, to said justice in writing, within ten days; or in [on] case of the absence of said party or parties from said village, at the time of the rendition of said judgment, then within thirty days after the verdict of said jury, and the judgment of said justice as aforesaid, provided the party or parties had not been personally served with the notice, as provided in the preceding section; and upon filing a transcript of the proceedings aforesaid, duly certified by the justice, within forty days after verdict and judgment as aforesaid, in the circuit court for the county of Berrien, the same proceedings shall thereupon be had as is prescribed by law in other cases of appeal: Pro- Proviso. vided, That if final judgment for damages in said circuit court shall not exceed the damages assessed before the said justice at least five dollars, then the party appealing shall pay all costs occasioned by said appeal: And provided further, That in case the Further proviso appeal shall be taken by any party or parties other than the president and trustees, for and on account of said village, a bond shall be given in like manner as is required by law to be given by persons appealing from the judgment of justices of the peace in other cases. porated to con SEC. 31. The lands within the limits of the corporation of the Territory incorvillage of New Buffalo, and such contiguous territory as is, or may stitute single hereafter be thereto annexed, for school purposes, shall constitute school district. a single school district, and be hereafter known, as at present designated, as "School district number one, of the township of New Buffalo," and be and remain as at present, governed by the general school laws of this State, in regard to the election of officers for graded schools, and retain and have all the powers and privileges conferred upon school districts by general law. school district SEC. 32. All moneys received for licenses granted to tavern keep- Certain license ers, or common victualers under the provisions of this act, shall me to go to be paid to the treasurer of said school district to be applied to the treasurer. support and maintenance of schools therein. SEC. 33. This act shall be favorably construed, and received in Act to be favorall courts as a public act, and copies thereof, printed under the ably construed. authority of the legislature, shall be received as evidence without further proof. SEC. 34. All matters not specially mentioned in this act shall be General laws governed by the provisions of the general laws in regard to the governing. incorporation of cities and villages, approved April first, eighteen hundred and seventy-five. This act is ordered to take immediate effect. [No. 243.] AN ACT to amend an act entitled "An act to incorporate the city of Negaunee, in Marquette county," approved April eleventh, eighteen hundred and seventy three, as amended by the several acts amendatory thereof. SECTION 1. The People of the State of Michigan enact, That an Act amended, act entitled "An act to incorporate the city of Negaunee, in Marquette county," approved April eleventh, eighteen hundred and seventy-three, as amended by the several acts amendatory thereof, First board of water commissioners. Subsequent boards. be and the same is hereby amended by adding thereto a new chapter to stand as chapter fourteen CHAPTER XIV. SECTION 1. As soon as may be after the passage of this act, the common council shall appoint a board of water commissioners composed of three persons, who shall be freeholders and qualified electors of said city. The members first comprising such board shall take the oath of office prescribed for city officers within ten days from the date of their appointment, and proceed by lot to determine their term of office respectively, one to serve one year, one for two years, and one for three years, the result to be reported to the common council to be recorded in its proceedings. SEC. 2. Each year thereafter, at the regular meeting of the common council held on the first Monday in May, or as soon thereafter as may be, the said council shall appoint or elect one commissioner to serve for the period of three years, and until his successor is appointed and qualified, in the place of the one whose term of Vacancies, how office shall then expire. Vacancies occurring in said board by removal from said city, resignation, or otherwise, shall be filled for the unexpired term by appointment of said common council. filled. President and executive member. Duties of executive member. SEC. 3. The board shall elect one of its number president, and one of its number executive member of the board, to act as such until their successors are appointed by said board, and in case of vacancy in either of such offices the board may appoint others. The executive member of said board shall devote whatever time may be necessary to properly and efficiently superintend, carry forward and see executed, all work in charge of or under control of said board, under the direction thereof and shall prepare plans, specifications, estimates, and other work proposed for the considerCompensation of, ation of said board. For his services such executive member shall receive such compensation from said city for such time as he shall actually devote to the duties of his office as shall be fixed by the common council of said city, payable from the general funds of Duties of other said city. The other members of said board shall be advisory members thereof, and shall discharge such duties and functions as appertain to the consideration and decision of questions and business before the board. They shall receive such compensation for actual time while attending as members upon the sessions of said board as shall be fixed by the common council of said city, but for no other service or time. The executive and advisory members shall make and verify their accounts for services, and thereupon it shall be the duty of the common council to allow and order payment for such services, at the rates fixed by said common council, from the general funds of said city. members of board. Compensation of. Accounts to be verified. Board to make and adopt by SEC. 4. Said board of water commissioners shall have the power to laws, rules, etc. make and adopt all such by-laws, rules, and regulations as they may deem necessary and expedient for the conduct of its business and that of the executive member of the board, not inconsistent with this act, and shall appoint a clerk of the board and such officers, subject to the approval of the common council, as may be necessary for the proper running of the water-works in said city, and prescribe and define the duties and salaries of the same. The board Board to construct reservoirs, shall have power to construct; repair, and maintain reservoirs, etc. buildings, machinery, jets, and fountains at such localities in or without said city as the council shall deem expedient and direct, and to lay and repair water mains and pipes in and through any of the streets, alleys, and public places in said city for the purpose of furnishing a full supply of water for public and private uses in said city. members of board. SEC. 5. Any member of said board may at any time be removed Removal of by the common council of said city for official misconduct or for the unfaithful or inefficient performance of the duties of his office. The proceedings in that behalf shall be entered in the record of its proceedings: Provided, That a copy of the charges against such Proviso. member sought to be removed and notice of the time and place of hearing the samne shall be served on him at least ten days previous to the time so assigned, and opportunity be given him to make his defense. common coun board. SEC. 6. No member of the common council of said city shall be Members of appointed a member of said board, and no member of said board cil not to be shall be personally interested, either directly or indirectly in any members of contract for any public work in said city under the control of said board, nor in the purchase, sale, or disposition of any material to be used in or about any public work or improvement under the control of said board. construction of SEC. 7. The construction and repairing of the water-works of Board to have said city, or any work connected therewith, and the construction supervision of and repairing of mains and pipes shall be done by said board works, etc. in the manner approved by the common council, and all work Report to done under the supervision of said board shall be reported to the council. council from time to time, and no money shall be paid out of the treasury on account of any work so done until the common council shall have instructed the recorder to draw his warrant therefor. It shall be the duty of the board to make a report to the common Annual report. council in the month of January in each year, which report shall embrace the expenditures for work done under the control of the board and a statement of the condition, progress, and operation of said water-works. etc. SEC. 8. The said city shall provide the board with suitable office city to provide room for its meetings and business uses, and supply record books, office, books, stationery, and other things necessary for the transaction of the public business in charge of said board. All accounts for neces- Accounts for sary expenses incurred by said board shall be presented to the expenses. common council whose duty it shall be to audit the same and order paid in like manner as other accounts against the city, on proper proof of the correctness of such accounts. lish water rates. SEC. 9. Annually in each month of June said board shall fix and Board to estab assess, subject to the approval of the common council, the water rates to be paid for having and using water from said works, for the year next ensuing the first day of July. Said rates shall be Payment of water rates, etc. Proviso. Moneys received for, to be paid over monthly. Powers of board in making surveys, etc. orty for use of. property. based as near as may be upon the water consumed and used by the owner and [or] occupant of each house, building, or lot using water. Such water rates shall, from and after the first day of July, be a continued lien until paid, upon the lots, real estate, and premises on which the water is used and the rates assessed. SEC. 10. The owner or occupants of lots or premises against which such water shall be assessed shall pay the same at the office of said board, half yearly in advance, on the first day of July and January in each year, and in case of any default in such payment the said board may collect the same by a suit at law before any. court of competent jurisdiction, and shall shut off the water until the same is paid, said suit to be brought in the name of the city of Negaunee: Provided, That any attempt to collect said rates by any process above mentioned shall not invalidate the lien upon said lot or premises. SEC. 11. It shall be the duty of said board to monthly pay into the city treasury to the credit of the general fund, or of the water fund, if such fund shall be created, all moneys received by it for water rates or from any other source, and to file a detailed statement thereof with the city assessor; and the said board shall make such reports and furnish such information to the common council as that body shall by resolution or ordinance prescribe. SEC. 12. The board, by its agents and servants, may enter upon any public or private land or water, either within or without said. city, for the purpose of making all necessary surveys and for maintaining reservoirs, pipes, aqueducts, and other works, or of doing any other act necessary to carry into effect the purposes of this Acquiring prop- chapter. The board, subject to the approval of the common council may agree with all persons interested in private property as to the compensation to be paid for using the same for the public Condemnation of use or benefit of said board. In case no agreement can be entered into the board shall report the facts to the common council, together with a description of the property necessary to be taken and the purposes for which it is to be used, and thereupon the common council may proceed to condemn said property in the same manner as is herein before provided for in that portion of chapter five relative to taking private property for streets and alleys. They General powers shall also have such other aud further powers and rights not herein granted as are given to water boards by the general laws of the State and as are not inconsistent with the powers and rights herein granted. of. Injuries to prop. erty, and pollu. tion of water. SEC. 13. If any person shall willfully do or cause to be done any act whereby any work, materials, or property whatsoever erected or used within or without said city of Negaunee by the commissioners or by any person acting under their authority for the purpose of procuring or keeping any supply of water shall be injured, or shall willfully throw or place, or caused [cause] to be thrown or placed, any carcass of any dead animal or person, or any other deleterious or filthy substance whatsoever in any reservoir, pipe, or aqueduct of gaid water-works, through which water for public or private use is conveyed, or shall throw, or place, or cause to be thrown or placed, |