relative to of ordinances nant to the constitution of the United States or of the State of Michigan: And provided also, That no such rule, by-law, Proviso or ordinance of said corporation shall have any effect until the publication same shall have been published at least two weeks successively in a newspaper in the county of Washtenaw, or by written notices posted in three of the most public places in said village at least two weeks; and an affidavit of such publication Proof of or posting of the same, attached to the same, or entered at large upon the records of said corporation, shall be deemed prima facie evidence of such publication or posting. publication. prior to vate prop streets, etc. Sec. 19. The common council shall have power and author- Proceedings ity to lay out and establish, open, make, alter, and discontinue taking prisuch streets, lanes, alleys, highways, water-courses, and ditches erty for within the limits of said village as they may deem necessary for the public convenience; and if in doing thereof they shall require for such purpose the grounds of any person or persons, they shall give notice thereof to the owner or parties interested, or his or their agent or representatives, by personal service, or by written notice posted up in three of the most public places in said village, at least three weeks previous to the meeting of the common council for the purpose aforesaid; and when said common council shall have made a determination upon laying out, establishing, opening, making, altering, or discontinuing such street, lanes, alley, highway, and watercourse, and such person or persons shall claim damages in consequence of such determination, the said common council are hereby authorized to treat with, settle, and adjust the damages thus claimed; and in case the common council shall fail to agree with such person as to such damages, or fail to adjust be made. the same with him or her, the common council or any such person, his or her agent or attorney, may file a petition setting forth premises and facts in the case, with a justice of the peace in said village, or said township of Manchester, who shall appoint a day, not more than twelve days and not less than six days from filing said petition, which time for hearing of the When agree ment cannot Tender of damages prior to taking property. Award of costs. same, and notice of such time and place of hearing, shall be served upon the common council (if the petition is filed by other than such council), and upon the person or persons interested in the question of damages, if such petition is filed by such council, at least six days previous to the time of such hearing; and the said justice shall then proceed to hear and determine the question of damages aforesaid, unless a jury for that purpose shall be demanded; and if either party require it, the said justice shall cause a jury of twelve men, according to the provisions of general laws for the condemnation of lands (unless a less number is agreed upon), disinterested freeholders, to be summoned to hear and determine the amount of damages to be allowed, and the verdict of the jury or judgment shall be conclusive as to the amount to be paid; and when the amount of said judgment or verdict shall be tendered to the person entitled to the same, after the right of appeal shall have expired, the rights of way or rights to the ground in question for the purposes aforesaid shall be deemed to have passed to said corporation; and if the person or persons interested as owner of the land, and having right to claim damages as aforesaid, are non-residents of the county of Washtenaw, and personal service of such notice from said justice cannot be had upon him or her at some place within thirty miles of said village, then the said justice shall continue the time of said hearing to a day certain, not less than thirty nor more than ninety days, and cause notice of the pending of such question of damages to be posted in three public places in said village, or to be published in a newspaper printed in said village, at least four weeks preceding such postponed day: and if by the verdict of said jury, or the judgment of said justice, no damages shall be awarded to the claimant thereof, and the petition thereof had been filed by such claimant, said justice shall render judgment against said claimant for the costs of the proceedings before said justice, and the said justice shall have power to issue execution therefor: Provided however, relative to Either party may appeal to the circuit court, as in other cases, Proviso and in case of appeal the judgment of the court shall be final; appeal. and if the claimant shall not recover judgment in the circuit court for greater damages than was rendered by the verdict of the jury or judgment of the justice appealed from by him, then costs of said appeal and accrued costs in said circuit court shall be paid by said claimant; and when the amount of said judg-ment in said circuit court has been tendered or paid, the same right shall accrue to said corporation as above specified would accrue upon payment or tender of the same, had not an appeal been taken. duties of Sec. 24. The marshal shall have the general supervision of Powers and the village and see that the laws are enforced, and by virtue of marshal. his office shall be high constable, and chief of police, with the powers belonging to constables of any township, having power to enter into any disorderly or gaming house, or dwelling house, or any other building where he may have good reason to believe a felon is secreted or harbored, and where any person is who has committed any breach of the peace, or where any felony or breach of the peace has been or is being committed, and apprehend any guilty person or persons therein; to compel the citizens to aid in extinguishing fires; to appoint deputies, subject to the approval of the common council, with powers similar to his own: Provided, That nothing in this Proviso act shall be construed into his serving processes issued by service of justices of the peace in civil cases; to arrest any drunken, disorderly, or riotous person or persons, or any other person or persons whom he may find within said village disturbing the peace of the inhabitants thereof, and take such person or persons before any judicial officer having competent jurisdiction, to be proceeded with according to law. Any Justices of justice of the peace of the township of Manchester may hear, try cases for try, and determine upon proof, in a summary way, for all violations of the ordinances and by-laws of the said common council: Provided however, The right of trial by jury when Proviso. relative to civil process. village. Fines and demanded, shall in all cases be preserved; and upon convic imprison ment. tion of such person or persons, said justice may sentence any such person to pay a fine of not more than fifty dollars and costs, or be committed to imprisonment in the village watch-house, the county jail, or Detroit house of correction, in Wayne county, Michigan, not less than sixty days, or both such fine and imprisonment, at his discretion, and may require such person to enter into recognizance in a sum not exceeding fifty dollars, to keep the peace, and for his good behavior for six months thereafter; and the marshal of said village, the sheriff of the county of Washtenaw, and the officers of the Detroit house of correction are hereby authorized and required to receive and safely keep in their respective places of incarceration such persons so committed, such time as prescribed by warrant of commitment, upon the same terms as provided for similar offenses by the laws of the State. This said corporation shall be allowed the use of the common jail. jail of the county of Washtenaw, and the Detroit house of correction, for the imprisonment of any person liable to imprisonment under the by-laws or ordinances of said corporation; and all persons so committed to said places of incarceration shall be under the charge of the proper officers having control of the same, as in other cases. Village may use county Marshal under control of president. Vacancy in office of marshal. SCHEDULE "B." Sec. 29. The marshal shall at all times be subject to the supervision and control of the president and trustees in the discharge of his official duties, and he may be removed from office by a majority of their whole number, for any refusal or neglect to comply with their orders or directions, or for any gross neglect in the discharge of other official duties; but the cause of such removal shall, in all cases, be made a matter of record by them. Sec. 30. A vacancy in the office of marshal, whether by death, removal from office, resignation, or otherwise, shall be filled for the unexpired term, by appointment to be made by the president and trustees; and any vacancy in the number of trustees shall be filled in the same manner. ceived for " licenses. Sec. 31. That all moneys collected by any justice of the Moneys repeace as fines for the violation of any of the rules, by-laws, fines and or ordinances of this village, and all moneys collected for licenses, shall be placed in the hands of the treasurer of said village, and be subject to the control of the common council. Sec. 32. The several bridges within the corporate limits of Bridges to the village of Manchester shall be built and maintained by township. the township of Manchester, and shall be under the supervision and control of the commissioner of highways of said township, as per the statute regulating the building and maintaining of bridges in townships. Sec. 2. This act shall take immediate effect. be built by [No. 249. ] AN ACT to incorporate the city of Alpena. SECTION 1. The People of the State of Michigan enact, That Boundaries. so much of the township of Alpena, in the county of Alpena, as is included in the following described territory, to wit: The southwest quarter of section thirteen (13), the south half of sections fourteen, fifteen, and sixteen, the whole of sections twenty-one, twenty-two, and twenty-eight, the west fractional half of section twenty-four, and fractional sections twentythree, twenty-six, and twenty-seven, in township thirty-one north, of range eight east, in the State of Michigan, be and the same is hereby set off from the said township of Alpena, and declared to be a city by the name of the city of Alpena, Body by which name it shall be hereafter known, and by that name corporate. |