Established

at the village of Berrien.

buildings.

Sec. 2. That from and after the said first day of May, in the year aforesaid, the seat of justice of said county shall be, and the same is hereby, established at the village of Berrien, in said county, as recorded in the register's office of Cass county; and the board of supervisors of said county are hereby authorized and empowered, from and after the said first day of May, to designate and fix the County site for the erection of county buildings for said county, in the village of Berrien aforesaid, upon such lots in the said village of Berrien as may be conveyed by the proprietors of said village for that purpose to the supervisors of said county and their successors in office: Provided always, That this act shall not take effect until after the proprietors of said village of Berrien shall have reimbursed to the former and present proprietors and inhabitants of the village of St. Joseph such sums as they may have expended in the erection of public buildings in said village, and all moneys paid to the commissioners for locating the county seat at St. Joseph, to be ascertained and stated by the said board of supervisors, at a meeting of said board to be holden on the third Tuesday of April next: And provided further, That the title to said Proviso. lots or such other lots as a majority of said supervisors shall elect for public purposes, shall have been previously vested in said county by proper deeds of conveyance.

All lots given

ings, to re

donors.

Sec. 3. All lots in the village of St. Joseph, which, agreeably to the original plot of said village as recorded in the register's of- for Co. buildfice in Cass county, were donated to the county, to enable the vert to the county to erect county buildings thereon, shall revert and vest in the persons donating the same, and their representatives, whenever and as soon as the county seat shall be removed from St. Joseph, and all title and claim to said lots, either in law or in equity, shall be deemed to be cancelled and extinguished, any deed which may have been made to the county to the contrary notwithstanding.

Approved February 25, 1837.

[No. XXIV.]

AN ACT to incorporate the village of Coldwater, in the county of Branch.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Michigan That all that tract of land in

C

Limits.

Election of officers.

Proviso.

First election

the county of Branch, which is embraced within the following limits, to wit: beginning at a point on the Chicago road, one-half of a mile east of the centre of the public square, in the village of Coldwater, as designated on the recorded plat of said village, running south, twelve degrees west, two hundred and forty rods to a stake and stones; thence north, seventy-eight degrees west, four hundred and twenty-five rods to a stake and stones; thence north, twelve degrees east, four hundred rods to a stake and stones; thence south, seventy-eight degrees east, four hundred and twentyfive rods to a stake and stones; thence south, twelve degrees west, to the place of beginning, excepting so much of section sixteen as may be included within said boundaries, be, and the same is hereby constituted a town corporate, and shall hereafter be known by the name or title of the village of Coldwater.

Sec. 2. It shall be lawful for the free male inhabitants of said town, having the qualifications of electors, to meet at the Central Exchange, in said village of Coldwater, on the first Monday of May next, and on the first Monday of May annually thereafter, and then and there proceed by a plurality of votes, to elect by ballot, a president, recorder and six trustees, who shall hold their offices one year, and until their successors are elected and qualified and any five of them shall be a board for the transaction of business, but a less number may adjourn from time to time: Provided, That if an election of president, recorder and trustees shall not be made on the day when pursuant to this act it ought to be made, the said corporation shall not for that cause be deemed to be dissolved; but it shall and may be lawful to hold such election at any time thereafter, pursuant to public notice, to be given in the manner hereinafter prescribed.

Sec. 3. At the first election to be holden under this act, there shall be chosen viva voce, by the electors present, two judges and a clerk of said election, who shall each take an oath or affirmation faithfully to discharge the duties required of him by this act; and at all subsequent elections, the trustees or any two of them shall be Mode of elec-judges, and the recorder clerk of the election; and at all elections to be held under this act, the polls shall be opened between the hours of nine and ten o'clock in the forenoon, and close at three o'clock in the afternoon, of said day; and at the close of the polls, the votes shall be counted, and a true statement thereof proclaimed to the electors present, by one of the judges, and the clerk shall

tions.

nake a true record thereof; and within five days after such election, the said clerk shall give notice to the persons elected, of their election. And it shall be the duty of the said president and trustees, at least five days before each and every annual election, to give notice of the same by posting up notices in three public places in said town.

Notice.

ficer.

Sec. 4. It shall be the duty of the president, (or if absent) one Presiding of of the trustees, to preside at all meetings of the corporation, whether annual or special, and at all meetings of the trustees; and it shall be the duty of the recorder, or in his absence, of a deputy appointed by him, to attend all such meetings, and keep a fair and accurate Records. record of all their proceedings.

Sec. 5. The president, recorder and trustees of said village, shall be a body corporate and politic, with perpetual succession, to be known and distinguished by the name of the president and trustees of the village of Coldwater, and shall be capable in law in their corporate name, to acquire property real and personal, for the use of said village; sell and convey the same; may have a common seal, which they may alter at pleasure; may sue and be sued, defend and be defended in any court of competent jurisdiction; and when any suit shall be commenced against said corporation, the first process shall be by summons, and an attested copy shall be left with the recorder, at least eight days before the return day thereof.

Incorporation.

Oath of of

Sec. 6. The officers elected by virtue of this act, shall each, before entering on the duties of his office, take an oath or affirma- fice. tion to support the constitution of the United States and of this state, and also faithfully to discharge the duties of his office.

Sec. 7. The president and trustees shall have power to ordain and establish by-laws, rules, and regulations for the government of said village, and the same to alter, repeal, or re-ordain at pleasure; and to provide in said by-laws for the election of a treasurer, two assessors, a village marshal, and other subordinate officers, which may be thought necessary for the good government and well being of said village; to prescribe their duties, declare their qualifications and determine the period of their appointment, and the fees they shall be entitled to receive for their services, and require of them to take an oath or affirmation faithfully and impartially to discharge the duties of their respective offices, and may require of them such security for the performance of the duties of

Powers.

Proviso.

Annual ac

their respective offices as shall be thought necessary: said president and trustees shall also have power to affix to the violation of the by-laws and ordinances of the corporation, such reasonable fines and penalties as they may deem proper, and to provide for the disposition of said fines and penalties: Provided, That no bylaws or ordinances of said corporation shall have any effect until the same shall have been published three weeks successively, in a newspaper printed in said county, or by written notices posted up in three of the most public places in said village.

Sec. 8. The president and trustees shall, at the expiration of count of ex- each year, cause to be made out and published a detailed account of the receipts and expenditures of the preceding year.

penditures.

Taxation.

Proviso.

uisances.

Meeeting,

Sec. 9. The electors of said village, in legal meeting assembled, shall have power to lay taxes on all personal and real estate within the limits of said corporation, not exceeding one half of one per centum upon said estate, in any one year; to regulate and improve the streets, lanes and alleys, also to lay out new streets, lanes and alleys, and to determine the width of the side walks: Provided, no property shall be taken from any individual, until said individual shall be paid therefor, the value thereof to be ascertained by twelve disinterested freeholders, to be summoned by the marshal for that purpose. They shall have power to remove all nuisances and obstructions from the streets and commons, and all other places of said village, and to provide for the removal of the same, and to do all things which corporations of a similar nature can do, to secure the peace, health, property and prosperity of the inhabitants of said town.

Sec. 10. All meetings called for the purposes contemplated in how called. the preceding section of this act, shall be called by the president, or in his absence, by the senior trustee, by posting up written notices in three of the most public places in said village, at least three days previous to holding said meeting; said notices shall specify the time and place of holding said meeting, and the purposes for which such meeting is called.

Fees.

Collection of taxes.

Sec. 11. The president, trustees and recorder shall receive such fees for their services as a majority of the electors, at their regular annual meeting, shall determine.

Sec. 12. It shall be the duty of the president and trustees to make out a duplicate of taxes, charging each individual therein an amount of tax in proportion to the real and personal estate of such

'ndividual within said corporation; which duplicate shall be signed by the president and recorder, and delivered to the marshal, or such other person as shall be appointed collector, whose duty it shall be to collect the same within such time and in such manner as the by-laws shall direct.

Mode of col

lecting taxes.

Sec. 13. The said collector shall have power to sell personal estate, and for want thereof, to sell real estate, for the non-payment of taxes within said corporation, and in case of the sale of real estate, the said collector shall prosecute the sale in the same manner, and with the same effect, in all respects as is provided by law for the sale of real estate by sheriff; and all real estate so sold, shall be liable to be redeemed, in the same manner as lands Redemption. sold by the sheriff, may be redeemed.

lowed the use

gaol.

Sec. 14. The said village shall be allowed the use of the com- village almon jail of the county of Branch, for the imprisonment of any of the county person liable to imprisonment under the ordinances of said corporation, and all persons committed to said jail. shall be under the charge of the sheriff, as in other cases.

Sec. 15. This act shall be favorably construed, and received in all courts of justice, as a public act; and copies thereof printed under the authority of the legislature, shall be received as evidence, without further proof.

Public act.

repeal.

Sec. 16. This act may be altered, amended, or repealed by Power of any future legislature, with the assent of two-thirds of both houses.

Approved February 29, 1837.

[No. XXV.]

AN ACT to provide for the appointment of State Printer, and to prescribe his powers and duties.

State printer,

ed, term of

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That there shall be an officer of how appoint this state, to be called the state printer, who shall be appointed office. by a concurrent vote of the senate and house of representatives, and hold his office until removed by a like vote.

Sec. 2. He shall print at the seat of government, a weekly state paper. newspaper, which shall be deemed the state paper whenever the same is or shall be referred to in the laws of this state.