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Corporat'n

name.

[ No. 90. ]

AN ACT to incorporate the village of Mt. Clemens.

Section 1. The People of the State of Michigan enact, That all the inhabitants of this State residing or hereafter to reside within the units, and following boundaries, to wit: commencing at a point in the centre of the Clinton river upon the township line between the townships of Harrison and Clinton, in the county of Macomb, thence following the centre of the said Clinton river up stream to a point where the westerly line of private land claim number one hundred and thirty-nine (being a tract of land originally patented by the government of the United States to one Richard Patterson) strikes the centre of said river, thence following said westerly line of said private land claim number one hundred and thirty-nine, northwardly to a point on said westerly line from which a line running due east will run along and form the south line of the farm now owned and occupied by the widow and heirs of the late Mitchell, deceased; thence easterly in the same direction with the south line of said Mitchell farm until it strikes the said township line between the townships of Clinton and Harrison; thence on said township line to the place of beginning, be and the same are hereby ordained, constituted and declared to be, from time to time forever hereafter, one body politic to be body and corporate in fact and in name, by the name of the president and trustees of the village of Mt. Clemens; and by that name they and their successors forever shall and may have perpetual succession, and shall be persons in law capable of sueing and being sued, pleading and being impleaded in all suits of what nature soever; and also to purchase, hold and convey any estate, real or personal, and may have a common seal, and may change and alter the same at pleasure, and shall be citizens of said village. And the territory embraced within the boundaries aforesaid shall be designated and known as the village of Mt. Clemens.

President

and trustees

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May hold

real estate.

Sec. 2. The male inhabitants of said village, having the qualifications of electors under the constitution of the State, shall meet at the court house in said village, on the first Monday of May next, and on Election of the first Monday of May annually thereafter, at such place as shall be provided in the by-laws of said village, and then and there proceed, by a plurality of votes, to elect by ballot a president, recorder

officers.

Term of

and five trustees, who shall hold their office for one year, and until their successors are elected and qualified; and any four of said offi- office. cers shall constitute a village council for the transaction of business, and a less number may adjourn from time to time; but if an election of said officers or any one of them shall not be made on the day when, pursuant to this act, it ought to be made, it shall be lawful to hold such election at any time thereafter, public notice being given of such election as hereinafter prescribed.

Sec. 3. At the first election to be holden in said village under this Judges of act, there shall be chosen, viva voce, by the electors present, two election. judges and a clerk of said election, each of whom shall take an oath Oath. or affirmation, to be administered by either of the others, faithfully and honestly to discharge the duties required of him as judge or clerk of said election; and at all subsequent elections, the trustees, or any two or more of them, shall be judges, and the recorder of the village shall be the clerk of the election; at all elections the polls opening shall be opened between the hours of nine and ten o'clock in the forenoon, and close at three in the afternoon; and at the close of the

Time of

polls.

Proclama

t'n of state

votes.

Duty of

recorder.

polls the votes shall be counted, and a true statement thereof pro- ment of claimed to the electors present by one of the judges; and the recorcorder shall make a true record thereof, and within five days after such election, he shall give notice to the persons elected, who shall enter upon the duties of their office on the first Monday thereafter; and it shall be the duty of the recorder to give at least five days' previous notice of each and every election, by posting up written or printed notices thereof in five or more public places in said village, or by causing the same to be published in some public newspaper.

Constitu

required of

Sec. 4. The president, recorder, and each one of the trustees, before he enters upon the duties of his office, and in the presence of the tional oatit village council, shall take an oath or affirmation, which oath or affir- officers. mation may be administered by any one of the council present, to support the constitution of the United States and the constitution of this State, and that he will faithfully and impartially discharge the duties of the office of president, recorder or trustee, as the cas may be, of said village, according to the best of his abilities.

Sec. 5. It shall be the duty of the president to preside at all meet

and recor

der.

ings of the council; but in case of his absence, any trustee may be Duty of president appointed by the council to preside at such meetings; and it shall be the duty of the recorder to attend all meetings of the council, keep a fair and accurate record of their proceedings, and perform such other duties as shall be assigned him by the by-laws of the village. Sec. 6. The village council shall have power to ordain and estab council. lish by-laws, rules and regulations, and the same to alter and repeal at pleasure, for the following purposes:

Powers of

village

1. For the election or appointment of a treasurer, three assessors, a marshal and other officers for said village, and to prescribe their duties, declare their qualifications, and the period of their appointment or election; provided that no officer shall hold his office for more than one year, or until others be elected or be appointed; and the fees any one of them shall be entitled to receive for his services; and to require of any or of all of them an oath or affirmation, faithfully and impartially to discharge the duties of their respective offices; and to require of any of them such security, by bond, for the performance of the duties of their respective offices as shall be thought expedient, which bond shall run to the treasurer of said corporation and his successors in office; and said treasurer, or his successors, shall have power to sue for all breaches of the same, before any justice of the peace, or the circuit court of said county, according to the amount claimed, which courts are hereby authorized to hear, try and determine the same.

2. To prohibit the running at large of swine, cattle, mules, geese, horses, goats and sheep, within the limits of said village.

3. To regulate the building of partition and other fences.

4. To purchase fire engines, and other necessary apparatus for the extinguishing of fires; to cause each building occupied as a house or store, to be provided with fire buckets; and to prescribe the manner in which stoves, with their pipes, in actual use, shall be put up, and chimneys built to guard against fires.

5. To remove nuisances.

6. To regulate the licensing of all public shows in said village, and to prescribe the sums to be paid into the treasury therefor.

7. To grade the streets and alleys, and pave them, and to cause sidewalks to be made, and the expense thereof to be assessed on the

lots in front of which either or all of said improvements shall be Powers of village made; but no one of said improvements shall be made unless the in- council. dividuals owning more than one-half of the property to be assessed for the same improvement, shall petition the council for that purpose.

8. To keep the public highways and bridges within the corporate limits in repair.

9. To cause the streets, alleys, sidewalks and public highways, and every part thereof, to be kept free from obstruction.

10. To lay out new streets and alleys, and to extend such as are laid out: Provided, That the land of any individual shall not be taken for such purpose until said individual shall be paid the value thereof, and of all buildings upon said land, and all damage he will sustain to be ascertained as hereinafter mentioned.

11. To lay taxes on all personal and real estate within the limits 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.

any

12. For the violation of any of which by-laws, rules and regulations, such reasonable fines and penalties may be imposed by the law itself, as the said village council may deem proper; and when fine or penalty shall not exceed one hundred dollars, the same may be recovered before any justice of the peace in the township of Clinton; and any interest the inhabitants of the village of Mt. Clemens, as a body corporate, may have in the fine and penalty to be recovered, shall not disqualify any inhabitants of said village to try such cause or serve as 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.

13. And all such sum or sums of money as may be received into the village treasury for licenses, or collected for fines or penalties, may be appropriated by the council as they may deem for the best interests of the village.

tained.

Sec. 7. To ascertain the value of any property to be taken to open Dan ages; or continue a street, and the damage the owner will sustain by its be- how ascer ing taken; the village council shall appoint two commissioners, and the owner of the property to be taken may appoint two, and the four

Commis

sioners to

of property

taken for

streets, &c.

shall choose a fifth; and in case the owner neglects or refuses to choose two, any justice of the peace of the county may choose for him; which commissioners shall be disinterested, and inhabitants of said county, and freeholders therein, and who shall take an oath or assess value affirmation to be administered by the president of the village, 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 upon the property benefitted by the improvement, and to report such valuation and assessment to the council; which report, when confirmed by the circuit court of the county, and entered upon the records thereof, shall be final and conclusive upon all parties interested; and any person interested in said report may object to its confirmation, by affidavit or otherwise; and the said court may refer the same back to the old commissioners, or new commissioners to be appointed by the court, to make a new valuation and assessment, as often as the court may deem the same necessary to promote the ends of justice. Property lying upon the streets to be opened or continued only, shall be assessed for opening or continuing a street, which shall be assessed upon property benefitted thereby; and no new street shall be opened unless two-thirds of the interest thereby affected shall petition for the same.

Lien on

for taxes.

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

Sec. 9. The village council shall, at the expiration of each year, of receipts cause to be made out and published in some newspaper printed in

Statement

and expen

dirures to said village, if one shall be printed therein, and if not printed therein, be published 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.

When bylaws to

take effect;

Sec. 10. No by-laws or ordinances of said corporation shall have any effect until the same shall have been published three weeks sucevidence of cessively, 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

publication.

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