Sections amended. Recogniz ance, may take. Adjournment. [No. 302.] AN ACT to amend sections six and nineteen of chapter one hundred sixty-three of the revised statutes of eighteen hundred forty-six, entitled "Of the arrest and examination of offenders, commitment for trial, and taking bail," being sections fifteen thousand six hundred seventy and fifteen thousand six hundred eighty-three of the compiled laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. Sections six and nineteen of chapter one hundred sixty-three of the revised statutes of eighteen hundred forty-six, entitled "Of the arrest and examination of offenders, commitment for trial, and taking bail," being sections fifteen thousand six hundred seventy and fifteen thousand six hundred eighty-three of the compiled laws of nineteen hundred fifteen, are hereby amended to read as follows: SEC. 6. Such magistrate may take from the person arrested, a recognizance, with sufficient sureties, for his appearance at the court having cognizance of the offense and next to be held in the county where the offense shall be alleged to have been committed or such person may be required to appear at a then existing term of such court but not less than ten days thereafter and the party arrested shall thereupon be liberated. SEC. 19. Upon any adjournment of the examination before such magistrate, or when the prisoner is admitted to bail or committed by the magistrate, such magistrate shall bind by recognizance the complainant and all material witnesses against such prisoner to appear and testify upon any day to which such examination may be adjourned, or at the next court having cognizance of the offense, or such person may be required to appear at a then existing term of such court but not less than ten days thereafter, and in which the prisoner shall be held to answer, and it shall be competent in all cases contemplated in this section for any magistrate in the county where such offense is alleged to have been committed, to issue process to compel the attendance of any witness or witnesses before him, at any time, in vacation or between the terms of the court having cognizance of the offense for the purpose of compelling such witnesses to enter into any recognizance required by the provisions of this section. Approved May 26, 1925. [No. 303.] AN ACT to amend section twenty-six of act number two hundred seventy-eight of the public acts of nineteen hundred nine, entitled "An act to provide for the incorporation of villages and for revising and amending their charters", being section two thousand eight hundred sixty-eight of the compiled laws of nineteen hundred fifteen, as amended by act number three hundred forty-nine of the public acts of nineteen hundred twenty-one. The People of the State of Michigan enact: SECTION 1. Section twenty-six of act number two hundred Section seventy-eight of the public acts of nineteen hundred nine, en- amended. titled "An act to provide for the incorporation of villages and for revising and amending their charters", being section two thousand eight hundred sixty-eight of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows: SEC. 26. No village shall have power: Powers (a) To submit to the electors a charter or any revision denied. thereof oftener than once in every two years nor unless it shall be filed with the village clerk ninety days before the election: Provided, however, That this provision shall not Proviso. apply to the submission and resubmission of charters to villages which may be incorporated under this act until they shall have first adopted a charter; (b) To call more than two special elections within one year: Provided, however, That this prohibition shall not Proviso. apply to elections which may be held in the submission and resubmission of charters to villages which may be incorporated under this act until they shall have first adopted a charter; etc. (c) To change the salary or emoluments of any public Salaries, official after his election or appointment, or during his term of office, where such office is held for a fixed term, nor shall the term of any public official be shortened or extended beyond the period for which he was elected or appointed, unless he be removed for cause; (d) To adopt any charter or amendment thereto, unless approved by a majority of the electors voting thereon at any general or special election; issues. (e) Or authorize any issue of bonds except special assess- Bond ment bonds, bonds for the village portion of local improvements, not to exceed forty per cent of the cost of such improvement, refunding bonds and bonds for relief from fire, flood or calamity or for payment of judgments, unless approved by three-fifths of the electors voting thereon at any general or special election; (f) To adopt any scheme for exemption from municipal taxation; Land for sewage disposal. Bonds, limit of issue of. Proviso. Further proviso. Proviso. Further proviso. (g) Any village whether incorporated under the provisions of this act or under any existing charter of the village heretofore granted or passed by the legislature for the government of a village, may acquire by purchase or condemnation proceedings land without its corporate limits necessary for the disposal of sewage or the obtaining or protecting of a water supply for the village or the inhabitants thereof. The jury in condemnation proceedings shall consist of twelve freeholders drawn from the body of the county, and if they shall determine that such use is necessary, and that the use proposed will not materially injure the health or safety of the persons living adjacent to the land, they shall award the compensation to be paid therefor. Other proceedings in such cases shall conform to the general law authorizing cities, and villages to take or hold land or property outside of their corporate limits as contained in chapter ninety of the compiled laws of eighteen hundred ninety-seven; (h) To repudiate any debt by any change in its charter or by consolidation with any other municipality; (i) To incur indebtedness by the issue of bonds or otherwise, in any sum which, including existing indebtedness, shall exceed ten per centum of the assessed valuation of the real and personal property within the village subject to taxation as shown by the last preceding assessment roll of the village. Bonds issued in anticipation of the collection of special assessments shall not be included in this limitation. Moneys on hand in a sinking fund limited to the payment of indebtedness may be treated as a reduction of such indebtedness to that extent: Provided, That in the case of fire, flood or other calamity requiring an emergency fund for the relief of the inhabitants of the village, or for the repairing or rebuilding of any of its municipal buildings, works, bridges or streets, the legislative body of the village may borrow money due in not more than three years and in an amount not exceeding one-fourth of one per centum of the assessed valuation of such village, notwithstanding such loan may increase the indebtedness of such village beyond the limitations fixed by its charter or in this act: Provided further, That when a village is authorized to acquire or operate any public utility, it may issue mortgage bonds therefor beyond the general limit of bonded indebtedness prescribed by law: Provided, That such mortgage bonds issued beyond the limit of general indebtedness prescribed by law shall not impose any liability upon the village, but shall be secured only upon the property and revenues of such public utility, including a franchise, stating the terms upon which, in case of foreclosure, the purchaser may operate the same; which franchise shall in no case extend for a longer period than twenty years from the date of the sale of such utility and franchise on foreclosure: Provided further, That no village shall have power to issue mortgage bonds to be secured by a mortgage on such utility in excess of fifty per cent of the amount for which such village may become indebted by the issue of bonds for such public utility; (j) To lay or collect taxes for municipal purposes at a Taxes. rate in excess of two per centum of the assessed value of all real and personal property in the village; funds. (k) To issue any bonds without creating a sinking fund Sinking for the payment of the same, except special assessment bonds which are a charge upon a special district created for the payment thereof, and serial bonds payable annually. Approved May 26, 1925. [No. 304.] AN ACT to amend section five of act number one hundred seventy-nine of the public acts of eighteen hundred ninetyone, entitled, as amended, "An act to establish, protect, and enforce by lien the rights of mechanics and other persons furnishing labor or materials for the building, altering, improving, repairing, erecting or ornamenting of buildings, machinery, wharves, and all other structures, and the building and repairing of sidewalks, and wells, and to repeal all acts contravening the provisions of this act," being section fourteen thousand eight hundred of the compiled laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. Section five of act number one hundred seventy- Section nine of the public acts of eighteen hundred ninety-one, en- amended. titled, as amended, "An act to establish, protect, and enforce by lien the rights of mechanics and other persons furnishing labor or materials for the building, altering, improving, repairing, erecting or ornamenting of buildings, machinery, wharves, and all other structures, and the building and repairing of sidewalks, and wells, and to repeal all acts contravening the provisions of this act," being section fourteen thousand eight hundred of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows: etc. SEC. 5. Every person, or his agent or attorney, whether statement, contractor, subcontractor, material man or laborer, who where filed, wishes to avail himself of the provisions of this statute, shall make and file in the office of the register of deeds, in the county or counties in which said real estate, house, building, structure or improvement to be charged with the lien is situated, a just and true statement or account of the demand due him, over and above all legal set-offs, setting forth the time when such materials were furnished or labor performed, and for whom, and containing a correct description of the property Form of. to be charged with the lien, and the name of the owner, part owner or lessee, if known, which statement shall be verified by affidavit. Such verified statement or account shall be filed within sixty days from the date on which the last of the materials shall have been furnished or the last of the labor shall have been performed by the person claiming the lien, which statement may be in the following form : being duly sworn, says, that he furnished certain labor (or materials) in and for building (or altering, improving, repairing, erecting or ornamenting, as the case may be) a certain . situated on the land hereinafter described, in pursuance of a certain contract which C D, the owner (or part owner or lessee, contractor, subcontractor or other person, as the case may be). The performance of such labor (or the furnishing of such materials, or both) was begun on the .... .. day of Duty of register. Filing fee. City, township or village Subscribed and sworn to before me this ... 19... The register of deeds shall indorse upon every statement or account, the date of its filing, and make an abstract thereof in a book to be kept by him for that purpose, and properly indexed, containing the date of its filing, the name of the person claiming the lien, the amount of the lien, the name of the person against whom the lien is filed, and a description of the property to be charged with the same, and such filing shall have the same effect as to notice as against subsequent purchasers or incumbrancers as the recording of a mortgage. The register of deeds shall receive the sum of seventy-five cents as his fees for the filing of such statement or account, and all subsequent papers filed with him relating to such lien. Approved May 26, 1925. |