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 village lots in front of which either or all of said improvements shall be Powers of 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 pur pose. 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. 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 any 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. Dan ages; tained. Sec. 7. To ascertain the value of any property to be taken to open 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. large upon the records of said corporation by the recorder thereof, shall be deemed prima facie evidence of such publication. apportioned collection directed to the marshal Sec. 11. It shall be the duty of the council, once in each Taxes; how 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 sums in dollars and cents to be paid as a tax or assessment thereon; 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 warrant for the hands and seals of said president, recorder and 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 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 warrant: Provided, That the village council shall not in any one year raise by tax a sum exceeding two and one-half mills on a dollar of the assessed valuation of the real and personal property in the said village, unless the electors thereof shall, in legal meeting assembled, authorize a larger sum to be raised: And provided further, That the council shall not create a debt against the corporation greater in any one year than the amount of tax they are authorized to raise for such year: And provided further, Said council shall be and are hereby Proviso. authorized to call special meetings of the electors of the village for the purpose of taking a vote of such electors as to raising a larger sum than the council can by this act raise. Proviso. Proviso. goods and chattels för delinquent Sec. 12. If any person shall refuse or neglect to pay the sum or Marshal sums at which he or she shall be taxed or assessed as aforesaid, the may sell 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 taxes, estate to be sold for taxes. be sold for more than the amount of 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. Sec. 13. The tax upon real estate, with all assessments for the purpose named in the eighth section of this act, shall be put down in the said assessment roll in a column by itself; and whenever any such tax or assessment, and the interest thereon, which shall be comWhen real puted 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 such tax and assessments and interest, to be sold at public auction, at some public house in said village, to the highest bidder, as shall be necessary to pay the said taxes and to give no assessments and interest, together with all charges thereon, first giv ing 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 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. Treasurer tice of sale.. to be given ser. Sec. 14. On the day mentioned in said notice, the said treasurer shall commence the sale of said lands, and continue the same from day to day, until so much thereof shall be sold as will pay the taxes and assessments as aforesaid, with the interest aud charges due, asCertificate sessed and charged thereon as aforsaid; and the said treasurer sha!! to purcha- 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 to the said lands described in the said certificate, shall not, within one year 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 one year, 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 abso When deed to issue. |