to certify election. the votes given at such election, and shall complete said estimate on the same day, and shall by one of their number publicly declare the number of votes given for each officer, the names of the persons for which such votes for such office were Inspectors given, and the number of votes so given for each person, and shall make and file a certificate thereof in the office of the clerk of said village, within twenty-four hours after the close of said canvass; and the person having the greatest number of votes for any office shall be declared duly elected to such office; and if two or more persons shall have an equal number of votes for the same office, the board of inspectors of such election shall prepare as many slips of paper of equal size as there are of persons having an equal number of votes, and shall write the name of one of said persons on each of said slips, and put the same together in a box, and one of said board shall be blindfolded, and proceed to draw from said box the said slip, and the person whose name shall be first drawn therefrom shall be declared duly elected. Tie. Notice of elections. tions of voters. Sec. 4. It shall be the duty of the clerk of said village to give five days' public notice in three public places in said village. of the time and place of holding all elections, both annual and special, in said village, succeeding the one described in section one of this article. Said notices may be written or Qualifica printed, or partly written and partly printed; and no person shall be permitted to vote at any such election unless he is possessed of all the qualifications of an elector under the constitution of this State, and shall have been a resident of said village for ten days next immediately preceding the day of such election. The clerk of said village shall, within five days after the closing of the polls of any election, notify the officers elected thereat, respectively, of their election; and Qualification each of the officers so elected and notified shall, before enter of officers. ing upon the duties of his office, take and subscribe an oath Notice to persons elected. that he will support the constitution of the United States and the constitution of this State, and that he will faithfully vote. discharge the duties of his office, and shall cause a certificate of such oath to be filed with the clerk of said village within. ten days after he shall have been notified of his election. If Swearing in the qualification of any person offering to vote at such election shall be questioned, the same shall be determined by the board of inspectors thereof, upon an examination of such person thereto on his oath, which may be administered by any member of said board; and any person who shall swear falsely upon any such examination shall be deemed guilty of perjury, and on conviction thereof shall be liable to the punishment provided for that crime by the laws of the State. ARTICLE XIII. taxes. Sec. 4. No other highway tax shall be levied and collected Highway in said village excepting those mentioned in sections two and three of article thirteen in said village charter, and the tax specified in said sections shall be included in and subjected to the same proceedings as by this act are required to be had upon the general tax: Provided however, That the board of Proviso. trustees shall have power by ordinances regulating the same to receive labor in lieu of money for such highway and poll tax. ARTICLE XV. tax-roll to with war Sec. 2. On or before the first Monday in July in each year, Delivery of the assessor shall cause said assessment roll, certified to under marshal his hand, to be delivered to the marshal of said village, with a rant. warrant annexed thereto under the hands of said assessor and the president of said village, directing and requiring him to collect from the several persons named in said roll the several sums mentioned therein opposite their respective names as a tax or assessment, and authorizing him, in case any of them Distress shall neglect or refuse to pay such sums, to levy the same by distress and sale of his, her or their goods and chattels, together with the costs and charges of such distress and sale, and directing him to pay such sums, when collected, to the and sale. Return of taxes. treasurer of said village, by a certain day therein named, not Sec. 2. This act shall take immediate effect. Section amended. Duties of supervisor. Proviso. [No. 247. ] AN ACT to amend sections fifty-one (51), fifty-four (54), fifty-five (55), fifty-six (56), fifty-seven (57), sixty-two (62). sixty-four (64), and sixty-five (65), of an act entitled “An act to incorporate the city of Battle Creek," approved February three, eighteen hundred and fifty-nine, and to add two new sections thereto. SECTION 1. The People of the State of Michigan enact, That section fifty-one of said act to incorporate the city of Battle Creek be and the same is hereby amended so that it shall read as follows: Sec. 51. The supervisor is hereby authorized and required to perform the same duties that the supervisors of townships under the general laws of this State are required to perform in relation to the assessing of property and levying of taxes for State, county, city, and school purposes, and he shall also issue his warrant to the treasurer of said city for the collection of such taxes in the same manner as the supervisors of townships issue warrants to the treasurers of townships for the collection thereof, and for such services he shall receive the same fees as supervisors are entitled to. He shall also represent said city in the board of supervisors of said county of Calhoun, and shall be entitled to all the rights, privileges, and powers of the members of said board of supervisors: Previded, That the time appointed for the review of his assessment roll, as provided for by law, shall be on Friday and Saturday next preceding the second Monday of July in each year. Sec. 2. That section fifty-four be and the same is hereby Section amended so as to read as follows: amended. of justices Sec. 54. The recorder of said city, and any justice of the Jurisdiction peace of said city is hereby authorized and empowered to and recorder inquire of, hear, try and determine, in a summary manner, all the offenses which shall be committed within the limits of said city, against any of the by-laws or ordinances which shall be made by the common council in pursuance of the powers granted by this act; to punish the offenders as by the said by-laws or ordinances shall be prescribed or directed; to award all processes, and to take recognizances for the keeping of the peace, for the appearance of the person charged, and upon appeal, and to commit to prison as occasion shall lawfully require. Sec. 3. That section fifty-five (55) of said act be and the section same is hereby amended so as to read as follows: amended. prosecutions of ordi Sec. 55. In all prosecutions for a violation of any of the Form of by-laws or ordinances passed by the said common council, upon for violation complaint being made upon oath before said recorder or justice, nances, etc. setting forth therein the substance of the offense complained of, such court shall issue a warrant, in the name of the people of the State of Michigan, for the apprehension of the offender, directed to the marshal of the city of Battle Creek, or any constable of the county of Calhoun (except in the cases mentioned in the next succeeding section), and such process may be executed by any of said officers anywhere within the county of Calhoun, and shall be returnable the same as other similar process issued by justices of the peace. That upon bringing the person so charged before said recorder or justice of the peace, he shall plead to said complaint, and in case of his refusing to plead thereto, or standing mute, the said recorder or justice of the peace shall enter the plea of not guilty for the person so charged. That upon said complaint and plea a trial shall be had; and upon conviction of said offender, and the imposition of a fine, it shall be the duty of the recorder or justice to issue Proviso. Proviso. Section amended. an execution, directed to the marshal of said city, or any constable of said county of Calhoun, commanding him to collect of the goods and chattels of the person so offending, the amount of such fine, with interest and costs, and for the want of goods and chattels wherewith to satisfy the same, that he take the body of the defendant and commit him to the common jail of said county, or to the city prison of said city, in the discretion of said court; and the sheriff or the keeper of said city prison shall safely keep the body of the person so committed, until he be discharged by due course of law; and in case where imprisonment alone shall be imposed upon the person so convicted, the said court shall issue a commitment, directed as aforesaid, commanding his commitment until the expiration of the time for which he shall be sentenced to imprisonment, or until he be discharged by due course of law; and in case where both fine and imprisonment are imposed upon the person so convicted by the judgment of such recorder or any justice of the peace, he shall issue the necessary process to carry such judgment into effect; and it shall be lawful to use the common jail of said county for the impris onment of all persons liable to imprisonment under the by-laws and ordinances of the common council; and all persons committed by the recorder or any justice, for the violation thereof, shall be in the custody of the sheriff of said county, or the keeper of said city prison, who shall safely keep the person so committed until lawfully discharged as in other cases: Provided, That the common council may remit any such fine, in whole or in part, if it shall be made to appear that the person so imprisoned is unable to pay the same: Provided further, That all costs and expenses incurred under the provisions of this section shall be provided for and paid out of the treasury. Sec. 4. That section fifty-six of said act be and the same is hereby amended so as to read as follows: |