land, and all damages he will sustain, to be ascertained as hereinafter mentioned.

Exceptions.

To lay taxes on all real and personal estate within the limits Taxation. of said village, excepting property belonging to the village, town, county or state; excepting also, places of public worship belonging to any church or congregation, and all school-houses, and property belonging to any literary institution; and to do all other things for other purposes which may promote the interests and secure the peace, health, property and prosperity of the inhabitants of said village.

For the violation of any of which by-laws, rules and regula- Fines and tions, such reasonable fines and penalties by imprisonment may penalties. be imposed by the law itself, as the said board of trustees may deem proper; and when any fine shall not exceed one hundred dollars, the same may be recovered before any justice of the peace in said village or county, and any interest the inhabitants of the said village, as a body corporate, may have in the fine or penalty to be recovered, shall not disqualify any inhabitant of said village to try the said cause, or serve as a juror, or be a witness therein, and the circuit court of the county shall also have jurisdiction over all fines and penalties imposed by said by-laws: Provided, That all such by-laws or ordinances as are required by this act to be published or posted up, shall be signed by the president, or president pro tem., and attested by the recorder.

of damages.

Sec. 7. To ascertain the value of any property to be taken to Assessment open or continue a street, and the damage the owner will sustain by its being taken, on a protest in writing being made by the owner thereof, against taking the same, and delivered by him or his agent to the board of trustees at any of their meetings, the marshal shall summon a jury of twelve disinterested freeholders, and residents of said county, and shall give notice to the president of said village, and to the owner of said property, of the time of meeting of said jury, at least twenty-four hours before the said meeting; and the said jury shall meet at the court-house in said village, at the time required by the summons of said marshal, and from thence shall proceed to examine the premises to be taken as aforesaid, being first sworn by any officer competent to administer oaths, well and truly and without partiality or favor to value the property to be taken, and the damage to the owner as aforesaid, and to assess the same, together with the

H

Taxes a lien

on real estate.

Statement of

expenditures.

amount of fees allowed them, as hereinafter mentioned, upon the property benefited by the improvement, and to report such valuation and assessment to the said president in writing, which report, unless fraud or partiality be discovered in the making thereof, shall be final and conclusive upon all parties interested; and the said jurors shall be entitled to receive as compensation for their services one dollar each, per day, and six cents per mile each, coming only from their place of residence, to be audited and allowed from the village treasury. Property lying upon the street, to be opened or continued only, shall be assessed for opening or continuing a street, which shall be assessed upon property benefited thereby; and no new street shall be opened unless two-thirds of the interest thereby affected shall petition for the same.

Sec. 8. All taxes levied upon real estate, and all assessments made thereon, for opening or continuing a street or alley, or grading or paving a street or alley, or making side walks, shall remain a lien upon said estate until paid.

Sec. 9. The president and trustees shall, at the expiration of each year, cause to be made out and signed by the president, and receipts and attested by the recorder, and published in some newspaper printed in said village if one shall be printed therein, and if not printed therein, then to be posted up on the outward door of the building where the last annual election was held in said village, a true statement of the receipts and expenditures of the preceding year.

of ordinan

ces.

Sec. 10. No by-laws or ordinances of said corporation shall Publication 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, and an affidavit of said publication, in the manner aforesaid, entered at large upon the records of said corporation by the recorder thereof, and the record thereof shall be deemed prima facie evidence of such publication.

Apportion

ment of taxes.

Assessme roll.

Sec. 11. It shall be the duty of the trustees, once in each and every year, and immediately after the assessors have assessed the real and personal estate lying and being in said village, to estimate, apportion and set down, in a column left for that purpose, opposite to the several sums set down as the polls and value of the real and personal estate in the assessment roll, the respective ums in dollars and cents to be paid as a tax or assessment thereɔn; and they shall cause the assessment roll, or a copy of it, to be

delivered to the marshal of said village, with a warrant annexed to the same, under the hands and seals of said trustees, or a majority of them, directed to, and requiring him, to collect from the several persons named in said roll the several sums mentioned therein, set collection. opposite to their respective names as the tax or assessment, and authorizing him, in case any of them shall refuse or neglect to pay such sum or sums, to levy the same by distress and sale of his or her goods and chattels, together with the costs and charges of such distress and sale, and directing him to pay such money, when collected, to the treasurer of said village by a certain day to be therein named, not less than forty days from the date of said war

rant.

the sum

Sec. 12. If any person shall refuse or neglect to pay or sun.s at which he or she shall be taxed or assessed as aforesaid, the said marshal is hereby authorized and required to levy the same by distress and sale of the goods and chattels of the person who ought to pay the same; and in case the goods and chattels distrained shall be sold for more than the amount of the tax or assessment, with the charges of distress and sale, the surplus shall be paid to the owner of such goods and chattels on demand.

Mode of collection.

taxes, how

Sec. 13. The tax upon real estate, with all assessments for the Unpaid purpose named in the eighth section of this act, shall be put down collected. in the said assessment roll in a column by itself, and whenever any such tax or assessment, and the interest thereon, which shall be computed at the rate of fourteen per cent. thereon per annum until paid, shall remain unpaid for two years from the date of the warrant to the marshal aforesaid, the treasurer of said village shall cause so much of the land charged with such tax and assessment and interest, to be so sold at public auction, at the courthouse in said village, to the highest bidder, as shall be necessary to pay the said taxes and assessments and interest, together with all charges thereon, first giving at least four months' notice of the time and place of such sale, by advertisement posted up in three of the most public places in said village, or by causing the same to be published in a newspaper printed in said village; and an affidavit of said publication, recorded in the manner prescribed in the tenth section of this act, shall be deemed prima facie evidence of the fact of publication.

Sec. 14. On the day mentioned in said notice, the said treasurer shall commence the sale of said lands, and continue the same

Sale for taxes.

purchase.

from day to day, until so much thereof shall be sold as will pay the taxes and assessments as aforesaid, with the interest and charges Certificate of due, assessed and charged thereon as aforesaid; and the said treasurer shall give to the purchaser or purchasers of any such lands, a certificate in writing, describing the lands purchased, and the sum paid therefor, and the time when the purchaser will be entitled to a deed for the said lands; and if the person claiming title Redemption. to the said lands described in the said certificate, shall not, within two years from the date thereof, pay to the treasurer, for the use of the purchaser, his heirs or assigns, the sum mentioned in such certificate, together with interest thereon at the rate of twenty per cent. per annum from the date of such certificate, the treasurer, or his successor in office, shall, at the expiration of the said two years, execute to the purchaser, his heirs or assigns, a conveyance of the lands so sold, which conveyance shall vest in the person or persons to whom it shall be given an absolute estate in fee simple, subject to all the claims the state shall have thereon, and the said conveyance shall be conclusive evidence that the sale was regular according to the provisions of this act; and every such conveyance, executed by the said treasurer under his hand and seal, and acknowledged, witnessed and recorded in the usual form, may be given in evidence in the same manner, and with like effect, as a deed regularly executed and acknowledged by the owner and duly recorded, may be given in evidence.

Deed,

Fees,

See, 15. The treasurer of said village shall receive the same fees in cases of sale as aforesaid, as are allowed by law to the county treasurer for like services; and the expenses in advertising land for sale in pursuance of this act, shall, by the treasurer, any advertising be added to such taxes respectively as are charged upon lands and unpaid, in propertion to the amount of each person's tax so charged and unpaid.

Expense of

added to taxes.

Sec. 16. The said corperation shall be allowed the use of the Corporation common jail of the county of St. Joseph 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 jail, shall be under the charge of the sheriff as in other cases.

allowed use of county jail.

Construction.

Sec. 17. This act shall be favorably construed, and received in all courts as a public act; and copies thereof printed under the authority of the legislature, shall be received as evidence, without further proof.

Sec. 18. The legislature may alter, amend or repeal this act.

Power to al

ter,

&c.

Sec. 19. No person shall be eligible to any office in this corpo-Eligibility to ration, unless he shall have resided in the said corporation one year office. next preceding his election.

Approved March 13, 1837.

[No. XXXVIII.]

AN ACT to incorporate the village of Mount Clemens.

Corporate

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That all that tract of land em- limits. braced within the following limits, to wit: beginning at a point on the Clinton river where the west or upper line of the farm of George Kellogg intersects the same, thence following the border of said Clinton river up stream to a point where the east line of the farm of Alfred Ashley strikes the said river, thence to continue north on the said east line of said Ashley's farm until coming to a point, and by running a line due east from which would intersect the south line of the farm of William Canfield, thence to continue east on the range of said Canfield's line until it intersects the west line of said George Kellogg's farm, thence down the west line of said Kellogg's farm to the place of beginning, in which is embraced the village of Mount Clemens, in the county of Macomb, be, and the same is hereby, constituted a town corporate, and shall hereafter be known by the name or title of "The Village of Mount Clemens."

Election of officers.

fice.

Sec. 2. It shall be lawful for the free male inhabitants of said village, having the qualifications of electors, to meet at some convenient place in said village of Mount Clemens, on the first Mon- Time. day 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 Term of of 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 elec

Quorum.

Proviso.