Proviso. Proviso relative to taxes for the vided, That their power to order fences to be removed, and to remove such fences themselves, and to open, widen, and extend streets and highways, shall not be restricted between the first day of April and the first day of November, in each year; but they may exercise that power at any time during the year: And provided also, That nothing herein contained highway shall be construed to exempt any person or property within township of said village from any township tax that may be legally levied within and for the township of Vassar, for the repairing, building, or rebuilding of any bridge within said township, or for any special expenditure for the laying-out, opening, working, or improving any highway of said township, or for any damage for which said township may become liable by reason of any neglect in keeping any bridge or public highway in repair. Vassar. Proceedings prior to vate property for streets, etc. Sec. 28. Whenever the lands of any person shall be required taking pri- to be taken for the construction, widening, or extending streets, lanes, alleys, drains, or sewers within the limits of said village, or for its use for any lawful purpose, the president and trustees shall give notice thereof to the owners or parties interested, or his, her, or their agent or representative, by personal service, or by written notice posted up in three of the most public places in said village, at least three weeks preceding the meeting of the said president and trustees for any of the purposes aforesaid, and the said president and trustees are hereby authorized to treat with such person or persons for Proceedings such ground or premises, and if such person or persons shall ment cannot neglect or refuse to treat for the same, or if the parties cannot agree therefor, it shall and may be lawful for said president and trustees to direct any justice of the peace of the township of Vassar to issue a venire facias, to command the marshal of said village to summon and return a jury of twelve disinterested persons, who shall be freeholders, to be taken without the limits of said village, to appear before him at any time therein to be stated, to inquire into the necessity of using such when agree be made. assess damages grounds or premises, and the just compensation to be made therefor to the owner or owners, or persons interested in such grounds or premises, which jury, being duly sworn by said Jury to justice faithfully and impartially to inquire into the necessity damages. of using such grounds or premises, and the just compensation to be made therefor, and having reviewed the premises, if necessary, shall inquire of such necessity, and assess such damages and compensation as they shall judge fit to be awarded. to the owner of, or parties interested in such grounds or premises for their respective losses, according to the several interests or estates 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, Tender of together with all costs, shall be paid, or legally tendered, before previous to laying out such street, alley, or lane, or sidewalk, drain, sewer, or high-street, etc. way shall be made, opened, established, or altered, to the claimant or claimants thereof. It shall thereupon be lawful for the president and trustees to cause the same grounds or premises to be occupied and used for the purposes aforesaid: Provided, That the president and trustees, or any party claim- Proviso ing damages as aforesaid, may have the right to remove such appeal. proceedings by appeal to the circuit court or any other court. of competent jurisdiction, upon giving notice of his, her, or their intention to do so to said justice in writing, within ten days, or in case of the absence of said party from said village (at the time of the rendition of said judgment), then within thirty days after the verdict of the said jury and the judgment of said justice aforesaid. Upon the filing of a transcript of the proceedings aforesaid, duly certified by the said justice, within forty days after the verdict and judgment as aforesaid, in the circuit court, or any other court of appellate jurisdiction, the same proceedings shall be had as is prescribed by law in other cases of appeal: Provided, That if final judgment Proviso for damages shall not exceed the damages assessed before the costs of justice at least five dollars, then the party appealing shall pay relative to relative to appeal. Of license moneys. This act a public act. office. all costs of such appeal. The right of challenge, enforcement of attendance, and summoning of talesmen is hereby conferred, as is provided by general law in this State, in justice courts in civil cases, except that no more than two peremptory challenges shall be permitted to the corporation, and a like number to the person, or to the persons collectively, whose property is sought to be taken. Sec. 29. All moneys received for licenses granted to tavernkeepers or common victualers, under the provisions of this. act, shall be paid to the treasurer of the village, to the credit of the general funds. Sec. 30. This act shall be favorably construed, and received in all courts as a public act, and copies thereof, printed under the authority of the Legislature, shall be received as evidence without further proof. Eligibility to Sec. 31. No person shall be eligible to any office in this corporation, unless he shall have resided in said corporation three months next preceding his election, and shall be entitled to a vote therein. Sec. 32. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Sec. 33. This act shall take immediate effect. Sections amended. [No. 207.] AN ACT to amend an act entitled "An act to incorporate the village of Plainwell, in the county of Allegan," approved March twenty-sixth, eighteen hundred and sixty-nine, and to add two new sections thereto. SECTION 1. The People of the State of Michigan enact, That sections one, nine, fourteen, and sixteen, of act number three hundred and fifty-five, of the session laws of the year of our Lord one thousand eight hundred and sixty-nine, being an act entitled "An act to incorporate the village of Plainwell, in the county of Allegan," be and hereby is amended so as to read as follows; also, by adding two new sections, to stand as thirty five and thirty-six. SECTION 1. The People of the State of Michigan enact, That Boundaries. so much of the township of Gun Plain, in the county of Allegan, as is included in the following territory, to wit: The southwest quarter of the northeast quarter of section twentynine, the northwest quarter of section twenty-nine, the southwest quarter, excepting the southeast fractional quarter thereof of section twenty-nine, and the northwest quarter of the Southeast quarter of section twenty-nine, the east half of the southeast quarter, the northwest quarter of the southeast quarter, the northeast quarter of the southwest quarter, the east half of the northwest quarter, and the northeast quarter, of section thirty, the southeast quarter of the southeast quarter of section nineteen, and the southwest quarter of the southwest quarter of section twenty, in town one north, of range eleven west, be and the same is hereby constituted a village corporate, by the name of the village of Plainwell. township to one for purposes. Sec. 9. For the purpose of building, maintaining, and village and repairing the bridges over the Kalamazoo river and the mill- be deemed race within the limits of said village, the township of Gun bridge Plain and the said village shall be deemed the township of Gun Plain as the said township existed before the incorporation of the village of Plainwell, and shall be subject to all the provisions of the general laws of the State relative to the building, maintaining, and keeping in repair such bridges: Provided, That nothing herein contained shall prevent the said corporation from building and maintaining bridges across the mill-race where new streets have been opened or extended across said mill-race. Proviso. Sec. 14. The assessor of said village shall, once in each year, Assessment make an assessment roll containing a description of all the roll. Notice of review. Review. ment of tax. property, both real and personal, liable to taxation in said village, and insert the name of the owner or occupant, or agent thereof, if known, and shall set down in such roll the valuation of such property at its fair cash value, placing the value of personal property on a separate line; and it shall be the duty of the president and trustees, once in every year, and immediately after the assessor has assessed the real and personal estate lying and being in said village, and before any tax shall be levied on the same, to give ten days' notice by publishing thereof the time and place of reviewing said assessment roll, under the supervision of the president and the assessor, that any person or persons deeming themselves aggrieved may be heard; and the roll may then and there be altered, if it shall be made to appear that any person has been wrongfully Apportion assessed. After the expiration of said ten days, the assessor and the president and trustees shall immediately proceed to estimate, apportion, and set down in a column left for that purpose, opposite to the several sums set down as the value of real and personal estate in the assessment roll, the respective sums in dollars and cents to be paid as a tax or assessment Marshal to thereon, and shall then cause said assessment roll, or a copy thereof, to be delivered to the marshal of said village, with a warrant annexed thereto, under the hand and seal of the president and trustees, or a majority of them, directing and requiring the said marshal to collect from the several persons named in said roll the several sums mentioned therein, set opposite their respective names as a tax or assessment, and authorize him, in case any of them 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 Time for re- such distress and sale, and directing him to pay such money, when collected, to the treasurer of said village, by a certain day therein named, not less than forty days from the date of said warrant, and said warrant may be renewed from time to time, as the trustees may deem best; and when any assessment collect. turn. Warrant may be renewed. |