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shall have power to require any corporation, or persons owning such railroad or street railway, to pay such proportion of the original cost of such planking, paving or macadamizing such street or streets as the council may deem just and proper. The 'moneys so paid to the city treasurer shall be distributed and paid over by him under the direction of the comptroller, to and among the property owners and municipal corporations originally assessed for the cost of such paving, planking or macadamizing, pro rata. The width of any right of way occupied by any such company shall'in all cases be measured from a point distant one foot and two inches out from the outer side of the outermost rail on one side of the center of the street to 'a point distant one foot two inches out from the outer side of the outermost rail on the other side of the center

of said street. May prescribe SEC. 34. The council may require such railroads and street

railways to use such rails and ties, to lay their tracks and construct their road upon such grade and in such manner as it may from time to time require; the council may also require any railroad company to use, erect and maintain such safety gates and other safety devices, to be constructed as it may require. The council may also regulate and fix the rate of fare on street and inter-urban railways; and it may make such other and further regulation in relation to the use of the streets by any railroad, street railway or inter-urban railway as it may deem proper. And in default of the performance of any of the conditions above mentioned and provided for, the council may cause any railroad, street railway or interurban railway now or which may be hereafter laid to be changed in its route and its rails and ties removed; and the council may use such force as may bè necessary to enforce a compliance with the conditions above named, and with any request to remove such rails, ties or change such routes; and the council may further provide by ordinance such penalties

as may be necessary to enforce a compliance therewith. May cbange SEC. 35. Nothing herein contained shall be deemed to prorailroads, eto.

hibit the council from changing the route of any railroad or street railway now in or hereafter to be laid in said city, when,

in the opinion of the council, the people's good may require Proviso. it: Provided, however, That nothing herein contained shall

be deemed to deprive the owner or owners of any property abutting on any street or streets through which such railroad or street railway may pass, of his or her right of action against the person or corporation owning such railroad or street railway for damages incurred by reason of such use of any street

or streets. May lay out,

Sec. 36. The council shall have power to lay out, open, repair, etc.,

make, grade and repair streets, lanes and alleys and the same

to alter and vacate, and to alter or vacate those already laid Proviso. out: Provided, That before any street, lane or alley shall be

vacated or altered, the person or persons applying therefor shall give public notice, specifying the time and place at which such application will be made, by causing the same to

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be published in the official newspaper for three successive weeks, or by personally serving upon each owner residing in said city, or occupant of any lot contiguous to said street or alley proposed to be altered or vacated a copy of such notice. Upon the hearing of such application, all parties in interest shall be entitled to be heard in person or by counsel, and no street or alley shall be vacated except upon sufficient cause shown, and with the concurrence of three-fourth of all the aldermen elect: And provided further, That when any street or high- Further proway has once been graded, leveled, paved or covered with broken or pounded stone or other material, and the grade line thereof established, the said council shall not change or alter the grade line of said street or highway unless it has been first petitioned so to do by a majority of all the property owners on said street or highway. The council shall have power to regulate the use of all public highways, streets, avenues and alleys of the said city, subject to the rights of travel and passage therein. Whenever it becomes necessary, in laying out or opening any such highway, street, avenue, lane or alley, to take private property for that purpose, the same shall be done in the manner hereinafter provided.

Sec. 37. The common council of Bay City shall have power Purposes for to purchase or take private property for the public use and which may benefit in the following cases :

First, To open, extend, widen or straighten any public highway, alley or street in said city;

Second, To obtain sites for public buildings, to locate, establish or alter any sewer or drain;

Third, To obtain a site for a public market.

Sec. 38. Whenever the common council shall deem it neces. Notice of, sary to take private property for public use for any of the how given. purposes aforesaid, they shall give notice thereof to the owner, owners, or persons interested, or their agents or representatives, when said owner, owners or persons interested or their agents or representatives can be found within the county of Bay, and when said owner, owners or persons interested, or their agents or representatives cannot be found within Bay county, then by written notice posted in three public places in said city, at least three weeks next preceding the next meeting of said council for the purpose aforesaid. Said notice What to state. shall state the time when, and the place where, the common council will meet to treat with the owner, owners, or persons interested, their agent or representative, for the property proposed to be taken. At such meeting of the common council, or at a subsequent meeting to which the subject matter is postponed, the council is authorized to treat with such person or persons for such property; and if such person or per- When jury to

be summoned. sons shall refuse to treat for the same, or if the parties cannot agree therefor, it shall and may be lawful for the common council to direct any justice of the peace of said city to issue a venire facias, commanding the chief of police of said city to summon and return a jury of twelve disinterested free

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holders of said city, to appear before the said justice of the peace, at a time and place therein to be stated, to inquire into and determine the necessity for using such property, and the just compensation to be paid therefor to the owner or owners of, or parties interested in said property, or premises; and in the empaneling of such jury, the right of challenge, enforcement of attendance and summoning of talesmen is hereby conferred as is provided by general law in this State for justice courts in civil cases, except that talesmen shall have the same qualifications required of jurors herein, and that no more than two peremptory challenges shall be permitted to the corporation, and a like number to the individual or indi. viduals collectively, whose property is sought to be taken; and the challenge to the array shall be in writing, and shall specify the cause. The said jury, being first duly sworn by said justice, faithfully and impartially to inquire into the necessity for taking or using such property and to ascertain and determine the just compensation to be paid therefor, and having viewed the premises, if necessary, shall inquire of, and assess such damages and recompense as they shall judge fit to be awarded to the owner or owners or the parties interested in such grounds and premises, for their respective injuries, according to the several interests or estates therein; and the said justice shall, upon the return of such assessment or verdict, enter judgment therefor, confirming the same; and the determination of such jury as to the necessity of taking

such private property for public use shall be final and concluProviso as to sive: Provided. That any party to said suit, considering himappeal.

self aggrieved by such verdict and judgment, may, as to the amount of damages awarded, appeal from such judgment to the circuit court for the county of Bay, or to any court of competent jurisdiction, upon giving notice of his, her, or their intention so to do, to said justice, and filing a bond with said justice in the penal sum of two hundred dollars, with sureties to be approved by the justice, which bond shall be conditioned that the party appealing will prosecute the appeal to effect and pay any costs that may be awarded against appellants in the circuit court: Provided, That where Bay City appeals, the bond shall not be required. Said appellant or appellants shall cause to be filed with the clerk of the circuit court a transcript of the proceedings aforesaid, duly certified by said justice of the peace, within thirty days after the entry of the

judgment of said justice the sum of three dollars for making When circuit the return to such appeal. Upon filing the justice's return as jurisdiction. aforesaid, the circuit court shall have jurisdiction of the case.

The parties may proceed to trial by jury as to the amount of damages only, without reference to any term of court. The appeal of one or more persons shall not in any way affect

said judgment as to the other persons interested therein who Jury, how em- do not appeal. Upon the day which the said circuit court paneled in circuit court.

shall set for the trial of said cause, the sheriff, under sheriff, or deputy sheriff, of the county of Bay, shall make a list of twenty-four resident freeholders of the city of Bay City, and

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the city attorney or his assistant, and the respondents col. lectively, shall each have the right to strike six names from the list of persons written down as aforesaid, and subject to objection for cause, the twelve persons whose names are left on the list shall compose the jury for the trial of the cause, and shall be summoned to attend at such time as the court shall direct, by a venire issued by the clerk of the court, and to be served by one of the officers aforesaid. If the respondents neglect or refuse to strike six names from said list, the same shall be done by the judge of the court, and in case any of the persons summoned upon said jury cannot be found, or being summoned do not attend, or shall be excused for cause, or otherwise, talesmen possessing the necessary qualifications may be summoned as jurors in the case, by said sheriff or other officer aforesaid, and the practice and proceedings under this act, except as herein provided relativ to empaneling, summoning and excusing jurors and talesmen, and imposing penalties and fines upon them for non-attendance, shall be the same as the practice and proceedings of the circuit courts of the State relative to petit jurors in civil cases in such courts, except that peremptory challenges shall not be allowed. The said jurors shall be duly sworn to faithfully What to deand impartially determine the just compensation to be paid for the property proposed to be taken, and having viewed the premises, if necessary, shall assess such damages as they shall judge fit to be awarded to the owner, owners or parties interested in such property, for their respective injuries according to their several interests ar estates therein. The verdict or Verdict to be finding of said jury upon the question of damages shall be conclusive, and when the judgment in the circuit court shall not exceed the damages assessed before the justice by at least twenty-five dollars, or when said city appeals, if said judgment of the justice shall not be reduced, a like amount, then the party appealing shall pay all costs occasioned by such appeal, otherwise such appellant shall be entitled to costs. The council shall pay, or cause to be paid, the several sums Amount

awarded, how awarded in either of the courts aforesaid out of the special paid. improvement fund, if there are sufficient moneys in the treas. ury belonging to that fund to pay the same.

If there are not sufficient of such moneys in said treasury to pay said award, the council is authorized to and shall cause an order to be drawn on such fund, with interest at six per cent, payable at some future day within one vear from date, as a security to the person or persons to whom such compensation shall be awarded, for the amount of such compensation so awarded to him or them, and shall deliver the same to such person or persons, or his or their agent or attorney. It shall thereupon be lawful for said council to cause such grounds to be occupied for the purposes, aforesaid. Sec 39. Whenever the council shall deem it necessary to Question of

issuing bonds, issue the bonds of the city for any purpose, the question of to be subthe issuing of said bonds shall be submitted to the electors mitted to of the city at the annnual election in April, or at the general

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election in November, and at least thirty days' notice of such submission shall be given immediately preceding said election, by publication in the official paper of said city, specifying the amount of and not exceeding fifty thousand dollars, and the

object for which it is proposed to issue said bonds, except Election, how as herein otherwise provided. A separate ballot box shall be

provided for the receiving of ballots, and the votes on said question shall be canvassed, declared and returned, and all things with reference thereto done in the same manner, near as may be, as in the case of election of city officers. At the close of such election the inspectors of election shall make two certificates of the number of votes given for and against such issue of bonds, one of which shall be forthwith deposited with the recorder of said city, and the other filed in the office of the county clerk of Bay county: Provided, That not more than two such elections on the question of issuing bonds as

aforesaid shall be held in any one year. Rate of in- SEC. 40. Said loan or loans shall be secured by the bonds to bear. of the city, payable at such times, not less than ten years

after the date of their issue, and shall bear such rate of

interest, not exceeding five per cent per annum, as said comNegotiated at mon council shall determine. The said bonds shall be en

dorsed, "Bay City bonds," and numbered consecutively; and

no sale thereof shall be negotiated at less than face value or Proceeds, par. The proceeds derived from the sale of said bonds shall bow used.

be paid to the city treasurer, and by him placed to the credit of a fund to be known as the bond fund. No appropriation or payment out of said fund shall be ordered by the common council or made except for the purposes for which said bonds

were issued. Council to Sec. 41. Whenever the council shall be authorized by a vote provide tax for payment of the taxpayers, as provided in this act, they may issue the of bonds.

bonds of the city for the amount as voted, and provide for the payment of the princpal and interest thereon, and for this purpose shall annually levy, assess and collect on the assessed value of all real and personal estate in said city, made taxable by the laws of this State, taxes for this purpose, not to exceed in amount a sufficient sum to pay the interest accrued or to accrue on said bonds for the year for which said taxes are

levied, and the principal as it shall become due. May make SEC. 42. The council shall have power to contract with any keeping of bank, banks, banker or bankers, in said city, for the safe keep

ing of public moneys belonging to, or in the custody of said city, and for the payment of interest thereon, at a rate not exceeding that established by law, upon such moneys of the corporation, or in its custody, deposited with such bank, banks, banker or bankers, by said city, or proper officer thereof, and such interest shall belong and be credited to the contingent

fund of said city. To regulate Sec. 43. The common council of said city is hereby authoruse of Park ave. sewer.

ized and empowered to, and shall license and regulate by ordinance the use of Park avenue sewer or drain, and no person shall be allowed to tap said sewer or drain, or to connect

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