Gambar halaman
PDF
ePub

the amount for which the same was sold, and the name or names of the purchasers, which statement shall be preserved and transcribed by said treasurer in a book to be provided for that purpose; and all money received upon such sale he shall, at the same time, deliver to said treasurer.

may be re

Sec. 43. Any person claiming any of the lands sold as afore- How lands said, or any interest therein, may at any time within one year deemed. next succeeding the day of sale, redeem such land or interest therein, by payment to the treasurer of said village, the amount of taxes and all charges for which such land was sold, and interest on said taxes and charges at the rate of twenty per cent. per annum from the date of sale, but in no case shall the interest be computed for a less time than three months; whereupon the treasurer shall make and deliver to the person making such payment, a certificate of redemption thereof.

when may

Sec. 44. Upon presentation of any such certificate of sale to conveyance; the recorder of said village, after the expiration of the time for be executed. the redemption of the lands sold as aforesaid, he shall, unless such lands have been redeemed as aforesaid, or the certificate of sale canceled, as hereinafter provided, execute to the purchaser or purchasers, his, her, or their heirs or assigns, executors, or administrators, a conveyance of the lands therein described, which conveyance shall vest in the person or persons to whom it shall be made, an estate in fee simple, subject to all the claims the State may have therein; and the said con- When used veyance shall be prima facie evidence that all the proceedings were regular, and according to the provisions of this act, from the time of the valuation of said property to the date of the deed, inclusive; and every such conveyance executed by the recorder, under his hand and seal, witnessed, acknowledged, and recorded in the usual form, may be given in evidence in all the courts of this State, in the same manner and with like effect as any other conveyance of real estate, or any interest therein.

as evidence.

Sec. 45. The common council may, upon satisfactory proof, common upon oath, of the payment of any tax upon real estate, and the cancel.

council may

Justices of

the peace;

duties of.

same has been returned wrongfully for non-payment, by mistake or otherwise, cause the certificate of sale to be canceled at any time before conveyance is made, and order the return of the purchase money; and in case of the redemption, as hereinbefore provided, for any lands, the common council shall direct the treasurer to pay over to the purchaser all moneys received on said redemption, and the charges in consequence of nonpayment and sale.

Sec. 46. Any justice of the peace of said township of Bangor powers and is hereby authorized and empowered to inquire of, hear, try, and determine in a summary manner, all offenses which shall be committed against any of the by-laws and ordinances that shall be made or adopted by the common council, in pursuance of the powers granted by this act, and to punish the offenders as shall, by the said laws or ordinances, be prescribed or directed; and any such justice of the peace of said township shall have power to hear, try, and determine all charges, com. plaints, actions, and prosecutions for the recovery or enforcing of any and all fines, penalties, and forfeitures for alleged violations or infringement of the said by-laws or ordinances, or of any provisions of this act, except in cases where the jurisdiction belongs to some other court; the proceedings in all such prosecutions shall be according to and be governed by the general laws of this State, applicable to courts of justices' of the peace.

Offenders entitled to jury trial.

Right of appeal.

Sec. 47. In all trials before any officer, under the provisions of this act, of any person charged with any offense, or violation of any by-law or ordinance of said village, he shall be entitled to a trial by a jury of six persons; and all the proceedings for selecting and summoning such jury, and in the trial of the cause, shall be in conformity, as near as may be, with the mode of proceedings in criminal cases before justices of the peace, provided by general laws of this State; and in all cases the right of appeal and certiorari from the justices' court to the circuit court of the county of Bay, shall be allowed to the parties on the same terms, and the same bond shall be given as is

or may be required by law in any cases of appeal or certiorari from justices' courts in other cases.

penalaties;

collected.

Sec. 48. Whenever a conviction is had or a judgment ren- Fines and dered for any fine, penalty, or forfeiture for a violation of this how may be act, or of any by-law or ordinance of said village, it shall be with costs of suit, and execution therefor may be issued immediately on rendition of judgment, and shall command the amount to be made of the property of the defendant, if any such can be found within the county of Bay, and if not, then to commit the defendant to jail, if it be so adjudged, according to law; and in cases where both fine and imprisonment are imposed upon the person so convicted, by judgment of any justice of said town, he may and shall issue the necessary process to carry such judgment into effect: Provided, That such Proviso. justice may, if he shall so determine, commit such defendant to jail without issuing execution against his goods and chattels, if such fine is not paid immediately on rendition of judgment. Sec. 49. The common council shall have power to impose Limitation fines, penalties, and forfeitures, not exceeding one hundred dollars, unless a greater amount is herein authorized, and imprisonment not exceeding ninety days, or both, in the discretion of the court, on all persons offending against, or violating any of the provisions of this act, or any by-law or ordinance of said village made in pursuance thereof; and it is hereby made the duty of the keeper of the county jail of Bay county to receive such persons; and in all cases where the term of such imprisonment shall exceed sixty days, such persons may be sentenced to confinement in the Detroit house of correction.

of.

council to

authority

Sec. 50. Whenever by the provisions of this act, any power Power of or authority is given, or duty imposed upon the common carry out council, the common council may enact such ordinances and given them. establish such rules and reegulations as may be necessary to carry into effect such powers and authority, and regulate the performance of such duties.

Sec. 51. All suits and prosecutions for the violation of the Suits; how brought provisions of this act, or of any ordinance or by-law made in

pursuance of such provisions, or to recover any fine, penalty or forfeiture for such violation, shall be brought in the name of "the people of the State of Michigan;" and in any such suit or prosecution, it shall not be necessary to set forth in the complaint or warrant, the ordinance or by-law, or any section thereof, the provisions of which are alleged to have been violated, except by its title, but it shall be sufficient to state in the complaint and warrant, with reasonable certainty of time and place, the act, violation, or offense complained of, and to allege the same to have been committed in violation of the provisions of an ordinance or by-law, as the case may be, of the village All process of Wenona, referring thereto by its title; and all processes to marshal, issued by any justice of the peace in any such suit or proceeding, shall be directed to the marshal of the village of Wenona, and the same may be executed within the counties of Bay or Saginaw.

to be direct'd

Style of ordinances.

Proviso.

Ibid.

All fines collected to be paid to treasurer.

Sec. 52. The style of all ordinances shall be: "The Common Council of the Village of Wenona ordain." The time when any by-law or ordinance passed by the common council shall take effect shall be prescribed therein: Provided, That no by-law or ordinance passed by the common council shall be operative until the same shall have been published one week in a newspaper printed and published in said village, or by written or printed notices posted up in three of the most public places in said village; and like notices shall be given of the repeal or amendment of any ordinance or by-law: Provided also, That no by-law or ordinance of said village shall be in its provisions repugnant to the constitution and laws of this State.

Sec. 53. All fines, penalties, and forfeitures recovered for any violation of the provisions of this act, or of the by-laws and ordinances made in pursuance thereof, and all money received for license or from other sources, belonging to said village, shall be paid to the treasurer of said village by the officer receiving the same, immediately after the receipt thereof, and by him placed to the credit of the general fund; and any person who shall refuse or neglect to pay the same, as aforesaid,

shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail not to exceed one year, or by both such fine and imprisonment, in the discretion of the court.

competent

Sec. 54. In suits or proceedings in which the common coun-Citizens cil of the village of Wenona shall be a party, or shall be inter-as jurors. ested, no inhabitant of said village shall be incompetent to serve as a juror on account of his interest in the event of such action or suit: Provided, His interest be only in common with Proviso. the inhabitants of said village.

statement.

Sec. 55. The common council shall, in the month of Feb- Annual ruary in each year, cause to be made and published a just and true statement of all money received and expended by them in their corporate capacity, during the preceding year, previous to which they shall audit and settle the accounts of all officers and persons having claims against said village, or accounts not previously audited, and shall make out in detail a statement of all receipts and expenditures, which statement shall specify all appropriations made by the common council, and the object and purpose for which the same were made; the amount of money expended under such appropriation; the amount of taxes raised; the amonnt expended on streets; and such statement shall be placed on file in the recorder's office, subject to inspection at all times by the citizens of said village.

be verified

Sec. 56. Before any account or demand of any person against Accounts to said village shall be audited, allowed or paid, the same shall be by affidavit. verified by affidavit, and shall set forth the items thereof, and the amount of each item, with the proper dates in detail, which affidavit may be taken and certified by any member of the common council, or by any person authorized to administer oaths.

cil may bor

Sec. 57. The common council may borrow, for the time when counbeing, in anticipation of the receipts from taxes, such sums as row money may be deemed necessary for the purpose of purchasing a suittable fire engine for said village, and implements and instru

« SebelumnyaLanjutkan »