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akty or penalties, forfeiture or forfeitures, incurred as provided for in this Declaration act, may be in the following form, to-wit: "The common council of forfeituree. the village of Albion complains of.. and says that the said.
- justly ower to the said common council the sum of.....
dollars, for certain penalties and forfeiturer which the said.......
has incurred and is justly entitled to pay, by reason that the said. .did, on the..
... in the year and at divers other times within one year last past, in the village of Albion, in the county of Calhoun, in the State of Michigan, do and commit certain acts in violation of the laws relating to the village of Albion touching (here state the general nature of the act or acts complained of) and therefore the said common council bring suit.” And the defendant may plead thereto as follows, to-wit: "The said.....
Pien. - is not indebted to the said common council, as above alleged;" and under such declaration evidence may be given of any vio- Evidence. hation of the provisions of this act of incorporation, or of any by-law or ordinance made in pursuance thereof, and judgment may be ren- Judgment to dered thereon for so many distinct violations of the provisions of said act or the said by-laws, or ordinances as shall be proven: Provided, Limitations. No justice of the peace shall render judgment for a greater sum than one hundred dollars in any one suit; and under such plea the defendant may give any competent testimony in exemption of such charge. And Execution the court before whom such suit is brought, and such judgment record-forthwith. ed, may forth with issue an execution against the goods and chattels of the defendant, and for want thereof against the body of the defendant, in like manner and with like effect as similar executions may be issued under the laws of this state: Provided however, That any such de
stay of exefondant may, by one or more sufficient sureties, within five days, stay
cation. such judgment and execution in the same manner, and with like effect * other executions may be stayed by the laws of this State: And pro- Appoal wvided also, That such suit, is before a justice of the peace, may be ap. lowed. pealed to the circuit court as in other cases.
See. 40. No person or persons shall exbibit within said village, any No cireus, circus, menagerie, theatre or theatrical performance, or common show, show, ker
to be oxhib. without being first duly licensed therefor by the common council, under ited without
penalty of one hundred dollars for every offence, and to be imprisoned in the county jail for thirty days, and until such penalty shall be paid or he shall be discharged by law; and the common council shall in no case grant a license to any circus for a less sum than twenty-five dollars.
Sec. 41. Any person offering to exhibit any such circus, theatre, thefering to exbibit may, atrical performances, menagerie or common shows, without such license, be arrested, tried, and may be forthwith arrested by the marshal, or any constable residing in
said county, and brought before any court having jurisdiction thereof; and upon conviction thereof, shall be fined the sum of one hundred dollars, and stand committed to the county jail until paid, or until he
be discharged according to law. Gambling,
Sec. 42. Any person who shall keep any gambling house, or place of ed. resort for persons to gamble, within said village, and all persons who
shall resort to any such (place) and gamble, or for the purpose of gambling, shall forfeit and pay, for the use of said village, a sum not to exceed twenty-five dollars for each and every offence.
Sec. 43. In all prosecutions, processes, and other proceedings, wherein No persoa to be incom- the common council of said village shall be a party, no inhabitant or witne or citizen of said village shall [be] deemed an incompetent juror or witness, juror by roso son of citi zonship
on account of the interest of such inhabitant or citizen in the event summons of such proceedings: Provided, That such interest be only that which poration, & exists in common with the citizens of said village; whenever any action thereof. or suit shall be commenoed against said corporation, the same shall be
commenced by summons, which shall be served by leaving a copy thereof with the recorder, at his office, or in case of his absence therefrom, at his usual place of residence, at least six days before the return day thereof, and the recorder shall thereupon inform the common council thereof.
Sec. 44. In all prosecutions for fines, penalties or forfeitures, as is
provided for in this act, the first process may be by warrant or sumconducted. mons, and shall be served and returnable in like manner, and the same
proceedings may be had, as near as may be, as other proceedings of a similar kind, under the laws of this state; the police justice of said village, or any justice of the peace of the township of Albion, is hereby authorized and empowered to hear and determine all offences which
How prose cutions to be commencod and
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shall be committed within the limits of said village, against any of the provisions of this act, or against any of the by-laws or ordinances passed by the said common council in pursuance thereof, and to punish the offender or offenders, as is prescribed by this act, or by the by-laws or ordinances of said village: Provided, That any person arrested for vio
Jury, MA lating any of the provisions aforesaid, may demand a trial by jury.
ed. Sec. 45. The docket of the recorder, kept by him as police justice, Docket of shall be and remain a public record in his office, and shall be by him be delivered delivered over, together with all other books and papers belonging to collaOr, bro, the office of recorder, to his successor in office, and his successor in office shall be authorized to continue and complete all proceedings commenced by his predecessor in office, as such police justice.
Sec. 46. The recorder, treasurer, marshal, assessors, attorney, street commissioner, and such other officers as may be appointed by the com-core mon council, shall receive such compensation for their services as the common council shall allow, but the president and trustees shall receive no pecuniary compensation.
Soc. 47. The inhabitants of said village shall be liable to the opera Llable to tion of any and all laws relating to township government, except so far towaday
government is is herein otherwise provided.
Sec. 48. Before any by-laws or ordinances of said village shall take By-law got effect, it shall receive at least three insertions in a public newspaper fect tiu pub
Inaboda printed in said village, if any newspaper is published therein, and if not, by posting written notices in three public places in said village, for three weeks; and the printed copy so published, or the written notice 80 posted, under the authority of the common council, shall be admitted as prima facia evidence thereof, in all courts in this state, when the same may come in question.
This act shall take effect immediately.
to take of
[ No. 46. ] AN ACT to provide for the withdrawal of stocks from the hands of
the State Treasurer, in certain cases SECTION 1. The People of the State of Michigan enact, That the Exchange Stato Treasurer, upon the application of any bank of this state whose ar dekoration
bills or circulating notes are secured by a deposit of stocks, may, in his
discretion, change or transfer such stocks for other stocks of the kind Stocks may specified in their acts of incorporation respectively, or he may re-transfer on cancela- the same to said bank, upon receiving and canceling an equal amount tion of bills,
of such bills or circulating notes in such manner that the bills or circuBut suff! cient shall lating notes of such bank, not so received or canceled by him, shall al always recalmed obes ways be and remain secured in full by stocks deposited, as in the roIn circulat'n. spective charters of said banks is provided.
Approved February 9, 1855.
[ No. 47. ] AN ACT to authorize Charles C. Trowbridge to discharge a certain
mortgage. SECTION 1. T'he People of the State of Michigan enact, That Charles C. Trowbridge, late president of the Bank of Michigan, be and he is hereby authorized to discharge of record, a certain mortgage made by Sybrant Van Nest and Sally Van Nest, to the president and directors of the Bank of Michigan, bearing date the third day of July, one thousand eight hundred and thirty-nine, and recorded in the register's office of the county of Jackson, in liber four of mortgages, on page one hundred and eighty: Provided, He shall be satisfied that the same has been fully paid and ought to be so discharged.
This act shall take effect immediately. ! Approved February 9, 1855.
[ No. 48. ] AN ACT to grant to the First Wesleyan Methodist Church in Lan
sing, a certain lot in the village of Lansing. Patent to be SECTION 1. The People of the State of Michigan enact, That the issued when church is Governor be and he is hereby authorized to make, execute and deliver, organizod.
to the trustees of the First Wesleyan Methodist Church in Lansing, a patent for lot number two, (2) in block number two hundred and fortyfive, (245,) according to the recorded plat of the village of Lansing,
whenever said First Wesleyan Methodist Church shall become or-
This act shall take effect imediately.
[ No. 49. ] AN ACT to organize the township of Arcada, in the county of Gra
SECTION 1. The People of the State of Michigan enact, That the
Aroads or surveyed township described as town eleven north, of range three west,
ganized in the county of Gratiot, be and the same is hereby organized into a township by the name of the township of Arcada, and the first township meeting therein shall be held at the house of L. C. Knapp, in said township.
This act shall take effect immediately.
[ No. 50. ] AN ACT to organize the township of Millington, in the county of
Tuscola. SECTION 1. The People of the State of Michigan enact, That mington
organized township ten north, of ranges eight and nine east, are hereby organized into a township by the name and style of Millington, and that the first township meeting be held at a house near the quarter post on the south side of section sixteen, in town ten porth, of range eight east, on the third Tuesday of April next.
This act shall take effect immediately.