this act. Sec. 2. Nothing in this act shall be so construed as to vacate object of any part of said road, or to impair any rights, privileges, duties, obligations or liabilities created or imposed by the act hereby repealed, the sole object of this act being to bring into market the lands remaining unsold, which were, by the said act number two hundred and eighty-five, appropriated for said road. Approved March 14, 1863. [ No. 93. ] AN ACT to amend an act entitled "an act to revise the charter of the city of Grand Rapids." amended. SECTION 1. The People of the State of Michigan enact,. That section fifty-one, of title six, of an act entitled "an act to revise Section the charter of the city of Grand Rapids," approved February fourteenth, eighteen hundred and fifty-seven, be amended so as to read as follows: be required side-walks. of owner Sec. 51. Whenever the common council shall deem it expedi- owner may ent to construct or repair any side-walk or pavement, or plank to construct any street within the said city, they may, by ordinance or otherwise, require the owner or occupant of any lot or house adjoining such street, to lay or repair such side-walk, or construct such pavement, or plank such street to the middle of said. street, in front of or adjoining to his or her lot or house; or they may direct such side-walks and pavements to be made, or such streets to be planked, according to the provisions of this on neglect title: If any owner or occupant, after notice so to do shall the common have been posted on the premises, or otherwise given, served construct or published, as the common council may direct by ordinance or resolution, shall fail or neglect to construct or repair such side-walk or pavement, or plank such street, for such time, not less than twenty-four hours, as the common council, by ordinance or resolution may fix, the common council may cause the same to be done at the expense of the city; and the supervisor of the ward in which such improvement is to be made, or such repairs done, shall add such expense to the amount of the gen council may the same. repair side walks. eral city tax on such lot or house in the next general assessment roll of said city, and such amount so added shall be a lien on the premises, in the same manner as the tax to which it is added, and may be collected and enforced, and if not collected or paid, the land sold therefor, in the same manner as for Required to general city taxes. The common council may, in like manner, by ordinance or otherwise, under such penalty or penalties as they may prescribe, require the owners and occupants, or either, of land in said city, or in any specified part thereof, to repair, maintain and reconstruct side-walks, pavements and other street improvements, opposite to and adjoining their respective premises, to the middle of the street or alley, in such manner as the common council, by ordinance or otherwise, may direct; the expense to which any occupant or tenant may be thus subjected may be collected by him from the owner of the premises. New seo tions. Proceedings when per sons re move from payment of tax. Sec. 2. That title five of said act be amended by adding thereto the following sections, to stand as sections ten, eleven, twelve, thirteen and fourteen of said title: Sec. 10. In case any person upon whom any tax may be assessed, in any ward of said city, for personal estate, shall city before have removed out of such ward after the assessment, and before such tax ought by law to be collected, it shall be lawful for the · collector of such ward to levy and collect such tax of the goods and chattels of the person so assessed, in any township within the county of Kent, or in any ward of said city, to which such person shall have removed, or in which he shall reside. When tax cannot be new war Sec. 11. When the collector of any ward in said city shall be collected, unable to collect any tax on personal property, on account of the rant to issue absence of the person so taxed, or for any other cause, the county treasurer, if required, shall issue a new warrant to the collector of such ward, for such tax, and it shall be the duty of Renewal of the said ward collector to renew his official bond; and thereupon bond by collector. the said warrant shall be and remain in force for the purposes of said collection, until the next annual meeting of the board of supervisors, unless the tax is sooner collected; and the said ward collector shall charge ten per centum interest on all such taxes, from the first day of February until the day of collection: Provided, Said bond shall not be required to be renewed unless Proviso. the tax uncollected shall exceed five dollars. when tax is non-pay Sec. 12. Whenever any tax shall hereafter be assessed on Proceeding personal property, in any ward of said city, and shall be re- returned for turned by any ward collector for non-payment, it shall be law-ment. ful for the collector of the ward, from which any such tax is so returned, in the name of the city of Grand Rapids, to sue the person or persons against whom such tax was assessed, before any court of competent jurisdiction, and to have, use and take all lawful ways and means provided by law for the collection of debts, to enforce the payment of any such tax; or it shall be lawful, at any time after such return, for the common council of said city to direct such personal tax so returned to be reassessed by the supervisor of such ward, upon the personal or real estate of the person or persons against whom the same was origin. ally assessed. cution. Sec. 13. Executions, issued upon judgments rendered for any Sale on exesuch tax, may be levied upon any property liable to be seized and sold under warrants issued for the collection of taxes by ward supervisors; and the proceedings of an officer with any such execution shall be the same, in all other respects, as are now directed by law. of roll may be evidence. Sec. 14. The production of any assessment roll, on the trial Assessment any action brought for the recovery of a tax therein assessed, given in may, upon proof that it is the original assessment roll, or the assessment roll with the warrant annexed, of any of the wards of said city of Grand Rapids, be read or used in evidence; and if it shall appear from such assessment roll, that there is a tax therein assessed against the defendant in such suit, it shall be prima facie evidence of the legality and regularity of the assessment of the same; and the court before whom the cause may be pending shall render judgment against the defendant, for all the taxes appearing upon said roll to have been assessed to said defendant, unless he shall make it appear that he has paid such tax; and no stay of execution shall be allowed on any such judgment. Sec. 3. That sections ten, eleven, twelve, thirteen, fourteen, fifteen and sixteen, of title five, of said act, be hereafter numbered and stand as sections fifteen, sixteen, seventeen, eighteen, nineteen and twenty, consecutively. Sec. 4. This act shall take immediate effect. boundaries. AN [ No. 94. ] AN ACT to incorporate the village of Howell. SECTION 1. The People of the State of Michigan enact, That all Corporation that tract of country situate in the township of Howell, in the county of Livingston, in the State of Michigan, which is known and described as follows, to-wit: section thirty-five, section thirty-six, the south half of section twenty-five, and the south half of section twenty-six, in township number three north, of range number four east, be and the same is hereby made and constituted a town corporate, by the name, style and title of the village of Howell. Village of. cers, election of. ment of cer Sec. 2. The officers of said village shall consist of a president, recorder, treasurer, assessor and five trustees, to be elected by a plurality of votes, by ballot, of the inhabitants of said village, having the qualifications of electors under the constitution of this State, and who shall hold their offices for the term of one year, and until their successors are elected and Appoint qualified; and the common council of said village are hereby tain officers, authorized and empowered to appoint such other officers as may be necessary, under the provisions of this act. The election of the officers herein provided for shall be held at the court house in said village, on the first Monday in May next, and on the first Monday in May annually thereafter, at such place in said village as the common council thereof may appoint for that purpose: Provided, That the neglect to hold such election at the time hereinbefore named, shall not be deemed to work a disso Annual elec tion. Proviso. lution of said corporation; but in such case it shall and may be lawful to hold such election at any time thereafter, pursuant to public notice, which may be given by five qualified electors of said village, by posting the same, containing a designation of the time and place thereof, in three of the most public places in said village, at least ten days before such election shall be held. inspectors. Sec. 3. At the first election to be held in said village, under Board of this act, there shall be chosen by the qualified electors there present, from among their number, two judges and one clerk of said election, who, together, shall constitute the board of inspectors thereof, each of whom shall, before entering upon his office, take an oath before some person authorized to administer oaths, that he will faithfully and impartially discharge the duties thereof. The said board shall conduct the said election and Duties of. certify the result thereof; and at each and every election thereafter to be held in said village, under the provisions of this act, the common council of said village shall be the board of inspectors thereof, and the recorder of said village shall be the clerk of such board. to open and votes. Sec. 4. The polls of all elections in said village, under this When polls act, shall be opened at ten o'clock in the forenoon, and shall be close. continued open until four o'clock in the afternoon of said day, and no longer. The name of each elector voting at such elec- Poll list. tion shall be written in a poll list, to be kept at such election by the clerk of the board of inspectors thereof. After the close Canvass of of the polls of such election, the board of inspectors thereof shall proceed, without delay, publicly to count the ballots, unopened, and if the number of ballots so counted shall exceed the number of electors contained in the poll list, the president, if present, and if not, then some other member of the board of inspectors of such election, shall draw out and destroy, unopened, so many of the ballots as shall amount to the excess; and if two or more ballots shall be found rolled or folded together, they shall not be counted; and thereupon the board of inspectors present at such election shall proceed immedi |