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adjudication made by the proper probate court or otherwise determining the heirship of such person or persons to the estate of such deceased person or their rights as devisees or legatees under a will, or assigns, then and in that case, the Board of State Auditors shall cause such real estate or personal property to be turned over to such supposed deceased person or to such person or persons as such heir or heirs at law or devisees or legatees or assigns of such deceased person, upon the payment by him or them of any expense to the State which may

have been incurred by the State in relation to such real estate. When owner If, at any time, after the sale of such real estate or personal found after: property by such trustees, and the covering of the avails thereof sale.

into the State treasury, any such supposed deceased person or his heirs, devisees or legatees or assigns shall file satisfactory proof of their identity or right as devisees, legatees, heirs, or assignees with the Board of State Auditors, then and in that case, said Board of State Auditors shall cause to be paid to such person or persons the avails of such sale, or the money received from said estate less any expense which the State may have incurred in making such sale, and such other expense which the State shall have incurred in relation thereto. Such payment shall be made out of the fund to which such avails shall have been credited. In making any such return of property or the avails thereof to the person lawfully entitled when there appears to be more than one such, the claimant shall be entitled to only such part as he

would lawfully be entitled to out of such decedent's estate. When State SEC. 23. Where moneys, securities or other personal propto indemnify corporation. erty are paid over or delivered to an administrator pursuant

to sections eight, ten and eleven of this act, and such person, co-partnership, company or corporation paying such money or delivering such securities or property are thereafter required to carry and perform their contract of deposit with the person or the heirs or assigns of the person making such deposit, the State of Michigan shall indemnify and pay to such person, copartnership, company or corporation, the amount of damage or loss which they may have sustained providing satisfactory proof thereof is made to the Board of State Auditors of the State of Michigan which Board of State Auditors shall allow the amount they find to be due to the Auditor General who shall thereupon draw his warrant for such amount on the State Treasurer who shall pay the same out of any moneys in the State treasury not otherwise appropriated.

Approved June 2, 1897.

[ No. 239. ]

AN ACT to amend section twenty-eight of chapter twenty

four, section seven of chapter twenty-eight, sections one, two, ten, eleven, twelve, and thirteen of chapter thirty, sections one, seven, eight, ten, eleven, twelve, thirteen, fifteen, sixteen and nineteen of chapter thirty-one and section fifteen of chapter thirty-two of act number two hundred and fifteen of the public acts of eighteen hundred and ninety-five, entitled "An act to provide for the incorporation of cities of the fourth class.”

amended.

SECTION 1. The People of the State of Michigan enact, That Sections section twenty-eight of chapter twenty-four, section seven of chapter twenty-eight, sections one, two, ten, eleven, twelve and thirteen of chapter thirty, sections one, seven, eight, ten, eleven, twelve, thirteen, fifteen, sixteen and nineteen of chapter thirty-one, and section fifteen of chapter thirty-two of act number two hundred and fifteen of the public acts of eighteen hundred and ninety-five, entitled “An act to provide for the incorporation of cities of the fourth class,” be and the same are hereby amended so as to read as follows:

CHAPTER XXIV.

Sec. 28. Said warrant may be renewed from time to time Council may by the city clerk, if the council shall so direct, and for such newal of time as they shall determine, and during the time of such warrant. renewal the warrant shall have the same force, and the city treasurer shall perform the same duties and make the like returns, as above provided. In case any assessment shall be Reassessment finally returned by the city treasurer unpaid, as aforesaid, the taxes. same may be certified to the supervisor of the proper ward in the manner provided in section twenty-four of this chapter, and shall then be reassessed with interest included at the rate of ten per cent per annum from the date of the confirmation of the assessment until the first day of December next, or where the common council of any city has adopted the plan of having the taxes of such city collected in two installments as authorized in section two of chapter thirty of this act, interest shall le computed until the first day of July if the next tax roll be for city taxes payable July first, or until the first day of December if the next tax roll be for general taxes payable December first, in the next ward tax roll, and be collected and paid in all respects as provided in section twenty-four afore. said.

41

CHAPTER XXVIII.

Board to sub. mit estimate of expenses for each ensuing year.

SEC. 7. On or before the first Monday of September, or on or before the first Monday of May in each year where the council has decided to have the taxes levied and collected in two installments as authorized in section two of chapter thirty, the board of public works shall submit to the common council careful estimates in detail of the amount of money, which, according to the judgment of the board, will be needed for the water works fund, the light fund and the sewer fund during the ensuing year, which estimates may be increased, moditied or adopted by the said common council as in its judg. ment may seem justifiable.

CHAPTER XXX.

Fiscal year,

SECTION 1. The fiscal year of cities subject to the proviwhen to begin, sions of this act shall commence on the first Monday of March

in each year, or when the council has decided to have the taxes collected in two installments, as authorized by section two of chapter thirty, the fiscal year shall commence on the first Monday of October of each year: Provided, That when the council shall so decide to collect the city taxes pursuant to said section two the next fiscal year shall continue to the first Mon

day of October. Council has SEC. 2. The council of any such city shall have authority, power to impose taxes.

within the limitations herein prescribed, to raise annually by taxation within the corporation such sum of money as may be necessary to defray the expenses and pay the liabilities of the city and to carry into effect the powers in this act granted. The council of any such city shall have authority to provide by crdinance that the taxes in such city shall be levied and collected in two installments, one of which installments shall be for the general taxes, and which shall be assessed, levied and payable as provided in the general tax laws of this State, where not inconsistent with the provisions of this act; the otlier installment of which shall be for city taxes and shall be

payable on the first day of July in each year. When council Sec. 10. It shall be the duty of the council to cause to cause esti

estimates to be made in the month of September, or in the made for annual

month of May in each year, where the council has decided expe Dses. to have the taxes levied and collected in two installments as

authorized in section two of chapter thirty of this act, of all the expenditures which will be required to be made from the several general funds of the city during the next fiscal year, for the payment of interest and debts to fall due, or for lands to be acquired, buildings to be erected or repaired, bridges to be built and for the paving of streets, the construction of sewers, making improvements, and for the support of the

mates to be

police and fire departments, and for defraying the current expenses of the year, and for every other purpose for which any money will be required to be paid from any of the several general funds during such fiscal year; and also, to estimate the amounts that will be required to be expended from street district funds during said next fiscal year, in working upon, improving and repairing the streets in the several street districts of the city. SEC. 11. The council shall also in the same month deter- Council to

determine mine upon the amount required to be raised in the next general amount to tax levy to meet any deficiencies for the current year; also be raisede

general the amount or part of any special assessments which they tax. require to be levied or reassessed in the next general tax rolls of the city, or upon the next city tax rolls of the city where the council have decided to have the taxes levied and collected in two installments as authorized in section two of chapter thirty of this act, upon lands in any main sewer, or special assessment district, or upon any parcel of land, or against any particular person as a special assessment.

SEC. 12. The council shall also in the said month of Sep. When council tember, or in said month of May where the council has appropriation decided to have the taxes levied and paid in two installments bin as authorized in section two of chapter thirty, pass an ordinance, to be termed the annual appropriation bill, in which they shall make provision for, and appropriate the several amounts required to defray the expenditures and liabilities of the corporation for the next fiscal year payable from the sev. eral general funds, and from the street district funds as estimated and determined upon, as provided in section ten of this chapter, and order the same, or so much of such amounts as may be necessary, to be raised by tax with the next general tax levy, or with the city or July tax levy where the council has decided to have the taxes levied and collected in two installments, or by loans, or both, and to be paid into the several general funds and street district funds of the city; but the whole amount so ordered to be raised by tax or loan, or by both, shall not, except as herein otherwise provided, exceed the amount which the city is authorized by sections five, six and nine of this chapter, to raise by general tax during the year. The council shall specify in such ordinance the objects and purposes for which such appropriations are made, and the amount appropriated for each object or purpose, and to each of the general funds and street district funds. The council shall also designate in the appropriation bill the sums, if any, Council shall required to be levied to meet any deficiency for the current poses of apyear, and the amount or part of any special assessment, or

propriation. other sum which they require to be levied or reassessed as mentioned in section eleven of this chapter, and the disposition to be made of such moneys, and shall also designate in said bill any local improvements which they may deem advisable to make during the next fiscal year to be paid for in whole

or in part by special assessments, and the estimated cost

thereof. When sums to SEC. 13. All sums ordered in the annual appropriation bill, be certified to clerk of board

in any year to be raised for the several general funds (except of supervisors. in cases where the council have decided to have the taxes levied

and collected in two installments, in which case such sums shall, by the board of review and equalization provided in section five of chapter thirty, be apportioned on or before the fifteenth day of May, among the several wards of the city according to their assessed valuation) and all amounts reported to the council by the board of education to be raised for schools, library and schoolhouse purposes, as provided in chapter thirty-two of this act, shall be certified to the clerk

of the board of supervisors of the county on or before the first When to be Monday of October. All sums ordered in said bill to be levied certified to supervisors or [reassessed] assessed in street or' sewer districts or as speby city clerk.

cial assessments, and in case there is to be a July tax roll for the collection of city taxes, all sums ordered in the annual appropriation bill apportioned as aforesaid, shall, forthwith, be certified by the city clerk to the supervisors of the respective wards as provided in chapter twenty-four, and all such sums shall be levied and collected on such July or city tax roll. If, however, there be no July or city tax or if any part of the taxes assessed and levied on the July roll are not paid, such sums shall be levied and collected with the State and county taxes next thereafter to be levied within such city.

CHAPTER XXXI.

Assessment and collection of taxes by supervisors.

SECTION 1. The supervisors of every city shall, in each year, make and complete an assessment of all the real and personal property within their respective wards liable to taxation under the laws of the State, and of all the property of any person liable to be assessed therein, in the same manner, and within the same time as required by law for the assessment of property in the townships of the State, and in so doing they shall conform to the provisions of law governing the action of supervisors of townships performing like services, and in all other respects within their respective wards, they shall, unless otherwise in this act provided, conform to the provisions of law applicable to the action and duties of supervisors in town. ships, in the assessment of property, the levying of taxes, and

in the issuing of warrants for the collection and return thereof: Proviso as to Prorided, That any city now incorporated, and which shall

become reincorporated under this act, now having an assessor for the assessment of property and the levying of taxes, such city may retain its present method of assessing property and levying taxes, and such assessor in office at the time this act shall take effect, shall remain in office until the expiration of the term for which he was appointed or elected and until his

assessor.

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