warrant.

SEC. 28. Said warrant may be renewed from time to time by the Renewal of recorder, if the council shall so direct, and for such time as they shall determine, and during the time of such renewal the warrant shall have the same force, and the city treasurer shall perform the same duties, and make the like returns as above provided. In case Re-assessment any assessment shall be finally returned by the city treasurer with interest. unpaid as aforesaid, the same may be certified to the city assessor in the manner provided in section twenty-four of this chapter, and shall then be reassessed, with interest included, at the rate of ten per cent, from the date of the confirmation of the assessment until the first day of February then next, in the next tax roll, and be collected and paid in all respects as provided in section twentyfour aforesaid.

suit.

SEC. 29. At any time after a special assessment has become pay- Collection by able, the same may be collected by suit, in the name of the city, against the person assessed, in an action of assumpsit, in any court having jurisdiction of the amount. In every such action a declaration upon the common count for money paid shall be sufficient. The special assessment roll and a certified order or resolution confirming the same shall be prima facie evidence of the regularity of all the proceedings in making the assessment, and of the right of the city to recover judgment therefor.

withstanding

SEC. 30. If in any such action it shall appear that by reason of Judgment not any irregularities or informality the assessment has not been prop- irregularities. erly made against the defendant, or upon the lot or premises sought to be charged, the court may, nevertheless, on satisfactory proof that expense has been incurred by the city, which is a proper charge against the defendant, of the lot or premises in question, render judgment for the amount properly chargeable against such defendant, or upon such lot or premises.

SEC. 3. Sections sixteen, seventeen, eighteen, nineteen, twenty- Sections five, and twenty-seven to thirty-five inclusive of chapter five, sec- repealed. tions three, four, and fourteen to twenty-one inclusive of chapter eight, section four of chapter nine, sections five, seven, and nineteen of chapter ten, and section fifteen of chapter eleven of an act entitled "An act to incorporate the city of Ishpeming in the county of Marquette" are hereby repealed.

This act is ordered to take immediate effect.
Approved March 27, 1883.

[No. 245. ]

AN ACT to incorporate the city of Escanaba, in the county of

Delta.

CHAPTER I.

CITY AND WARD LIMITS.

SECTION 1. The People of the State of Michigan enact, That so Territory incor much of the township of Escanaba, in the county of Delta, in the porated."

Jurisdiction

over waters, etc.

Wards.

First ward.

Second ward.

Third ward.

Fourth ward.

Additional wards.

Re-districting into wards.

Notice of.

State of Michigan, being formerly the incorporated village of Escanaba, and such other territory as is included in the following descriptions to wit: All of fractional section twenty-nine (29), west half, and southeast quarter, and south half of northeast quarter of thirty (30), all of thirty-one (31) and thirty-two (32), all in town thirty-nine (39) north, range twenty-two (22) west; all of fractional sections six (6) and seven (7) in town thirty-eight (38) north, range twenty-two (22) west; also the east half of sections twenty-five (25) and thirty-six (36), in town thirty-nine (39) north, range twenty-three (23) west, shall be, and the same is hereby set off from the aforesaid township of Escanaba, and declared to be, and is hereby organized and incorporated into a city, by the name of the city of Escanaba. And the said city shall have jurisdiction over the waters adjacent to said city for the distance of one mile from the shore line thereof.

SEC. 2. The said city shall for the time being, be divided into four wards. The First ward shall consist of that portion of said city included in that part of the recorded plat of said village of Escanaba lying east of a line drawn through the center of Harrison avenue, extended north to the shore of Little Bay De Noc. The Second ward shall include all that portion of said city lying west of said line running through the center of Harrison avenue, and east of a line running through the center of Elmore street extended north to the city limits, and south to the section line between sections twenty-nine (29), and thirty-two (32), thence west on said section line to the corner of sections twenty-nine (29), thirty (30), thirty-one (31), and thirty-two (32), thence south on section line between sections thirty-one (31) and thirty-two (32), to the shore of Green Bay. The Third ward shall include all that portion of said city lying west of said line running through the center of Elmore street as extended, and north of a line commencing at the center of Elmore and Hale streets, and running thence west along the center of said Hale street, extended west to the west line of Royce street, thence south on west line of Royce street to [the] east and west sub-division line running through the center of the south half of section thirty (30), thence west on said sub-division line to the western boundary of the corporation. The Fourth ward shall include all that portion of said city not included in the First, Second, or Third wards.

SEC. 3. An additional ward may be created for every additional two thousand inhabitants up to ten thousand inhabitants, and from ten thousand inhabitants one ward for each additional four thousand inhabitants.

SEC. 4. Whenever the council shall deem it expedient they may by ordinance enacted by a concurring vote of not less than twothirds of the aldermen in office, re-district the city into wards, divide any ward or change the boundaries thereof, establish new wards, and increase the number of the wards of the city, within the limits prescribed in the preceding section.

SEC. 5. Upon the introduction of such ordinance the council shall require the city clerk to give notice thereof and of the change

proposed thereby in any ward or wards, by publishing such notice in some newspaper published in the city for three weeks before the council shall proceed to the passage of the ordinance.

boundaries of

SEC. 6. All wards which may be established by the council, and Establishing and all changes in the existing wards, shall be bounded by streets, ward alleys, avenues, public grounds, streams of water, or corporation lines; and the wards, as established or changed, shall be composed of adjacent territory, and shall be as compact as may be; and in establishing, changing, or re-districting the wards it shall be so done as to give the several wards as nearly an equal number of inhabitants as may be practicable.

SEC. 7. No change in the boundary of any ward shall be made Elections in within thirty days next preceding an election therein. wards when No changes are election of aldermen or ward officers shall be held in any newly made, etc. established ward, or in any ward on account of changes in the boundaries thereof previous to the next annual city election; nor shall the office of any alderman or other officer, elected in any ward be vacated by reason of any change in such ward, but any such alderman or other officer shall, during the remainder of his term, continue in office and to represent the ward, including the place of his residence at the time of the change of the boundaries of the ward, unless the office become vacant for some other

cause.

elected.

SEC. 8. When by the erection of a new ward, two aldermen When two alderare to be elected therein at the same time, one of them shall be men are to be elected for one year, and one for two years, and the terms of each shall be designated on the ballots.

CHAPTER II.

EFFECT OF INCORPORATION.

SECTION 1. The city shall be a body politic and corporate under Name, etc. and by the name of the City of Escanaba; and by such name may sue and be sued, contract and be contracted with, acquire and hold real and personal property for the purposes for which it is incorporated, have a common seal and change the same at pleasure, and exercise all the powers in this act conferred.

SEC. 2. Judicial notice shall be taken in all courts and proceed- Courts to take judicial notice ings in this State of the existence of the City of Escanaba as of incorporation, incorporated under this act, and of all changes at any time made etc. in the corporate limits of the said city by the annexation of territory, thereto or otherwise, and of the boundaries of all wards, and of all changes made at any time in the boundaries of any ward in the city.

of village to remain in force.

SEC. 3. All ordinances, by-laws, and resolutions in force in the Ordinances, etc., village of Escanaba when this act shall take effect, and not inconsistent herewith, shall continue in full force and effect until repealed or amended by the council established by this act.

SEC. 4. All rights and property of any kind and description Rights and which were vested in the village of Escanaba under its former property of organization shall be deemed and held to be vested in the corpora- in corporation.

village vested

Proviso.

Annexation of territory.

Petition for, to board of

supervisors.

Notice of presentation of.

Action of supervisors on petition.

Council may

annexed.

tion under this act, and no rights or liabilities either in favor of or against such corporation under its former organization existing at the time of the passage of this act, and no suit or prosecution of any kind shall be in any manner effected by such change, but the same shall stand or progress as if no such change had been made, and all debts and liabilities of the former corporation shall be deemed to be the debts and liabilities of the corporation under this act, and all taxes levied and uncollected at the time of such change shall be collected the same as if such change had not been made: Provided, That when a different remedy is given in this act which can be made applicable to any rights existing at the time of the incorporation of the city under or subject to this act, the same shall be deemed cumulative to the remedies before provided, and may be used accordingly.

CHAPTER III.

ANNEXATION OF TERRITORY.

SECTION 1. The inhabitants residing upon any territory adjacent to the city incorporated under this act, may, at their own request, be annexed to said city in manner following:

SEC. 2. Application for such purpose shall be by petition to the board of supervisors of the county of Delta, and shall be signed by a majority of the freehold electors residing upon said territory. It shall contain the name or names of some person or persons, who are authorized to act as agent or agents of the petitioners in securing the annexation, and shall fully describe the said territory and be accompanied by an accurate map thereof, and with a list or census of the freehold electors residing upon such territory, made within sixty days next preceding the filing of said petition and verified by the affidavit of the person making such list. Notice of the time and place where the application will be made and of the object of the petition shall be given by publication of such notice in one of the newspapers of the city, and by posting copies thereof in five of the most public places upon said territory, at least one month before presenting said petition to the board. Proof of the publication and posting aforesaid shall be made by affidavit to be filed with the petition.

SEC. 3. Said petition with the map, census list, and proofs mentioned in the preceding section may be presented to the board of supervisors at the time designated in said notice, and if no sufficient objection be made to appear thereto, the board may, by resolution reciting the filing and object of the petition and the description of said territory, consent to the annexation. Upon the passage of such resolution the clerk of the board shall make and certify a transcript thereof and a copy of said map to the city council.

SEC. 4. Upon receiving said transcript from the clerk of the declare territory board the city council may, by ordinance referring to the transcript and describing said territory, consent to the application and declare the territory annexed to the city, but a rejection of the application shall not bar new proceedings for the same purpose.

nance of annex.

SEC. 5. If the application for annexation be accepted by the Copy of ordicouncil, the city clerk shall make two copies of said transcript, ation to be filed. and of the ordinance of annexation, and certify the same under his hand and the seal of the city to be correct, one of which certified copies shall be filed and recorded in the office of the secretary of State, and the other in the office of the county clerk of the county of Delta.

territory by

SEC. 6. Whenever the city shall desire to enlarge its corporate Acquisition of limits by the annexation of adjacent territory, the council may, by council. resolution describing the territory sought to be acquired, authorize its annexation, and shall in the same resolution designate the time when an application will be made to the board of supervisors of the county of Delta for that purpose.

visors.

SEC. 7. Notice of the intended application shall be given by pub- Notice of applilication of a copy of said resolution in one of the newspapers of cation to superthe city, and by posting copies thereof in five of the most public places in the said territory at least one month before the time appointed for making the application. Proof of the publication and posting of said resolution as aforesaid shall be made by affidavit.

clerk of board.

SEC. 8. Upon presenting a certified copy of said resolution and Action of supervisors on applia map of the territory sought to be annexed, with proof of the cation. publication and posting aforesaid to the board of supervisors, at the time designated in said resolution, the board, if no sufficient objection is made thereto, may, by resolution reciting the resolution of the council and describing such territory, consent and authorize the annexation thereof; and thereupon the clerk of the board shall Certificate of certify a transcript of said resolution of consent with said map to the city council, whereupon the city council may, by ordinance Ordinance of referring to said transcript and describing the territory, declare the same annexed to the city, and the clerk shall then make and certify like copies of the ordinance and transcript as provided in section five of this chapter, and file the same for record in the offices of the secretary of State and of the county clerk of the county of Delta.

annexation.

deemed part of

SEC. 9. Whenever certified copies of the ordinance of annex- When territory ation and transcript of the resolution of the board of super-city. visors shall have been filed in the office of the secretary of State, as provided in sections five and eight, the territory therein described and sought to be annexed shall be deemed and taken to be a part and parcel of the city, and the inhabitants residing therein shall have and enjoy all the rights and privileges of the inhabitants within the original limits of the city. Certified copies of said ordinances and transcripts so filed in the office of the secretary of State or county clerk or of the record thereof shall be prima facie evidence of the matters therein stated, and of the legal annexation of the territory therein described.