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shall so determine by resolution adopted by a two-thirds vote
of the councilmen elect, instead of five parts as provided in
section twenty-two of chapter eight, as added to act number
three of the Public Acts of eighteen hundred ninety-five, by
act number thirty-nine of the Public Acts of eighteen hundred
ninety-nine, entitled “An act to amend chapter eight of an act,
entitled 'An act to provide for the incorporation of villages
within the state of Michigan and defining their powers and
duties,' approved February nineteen, eighteen hundred ninety.
five, by adding a section thereto to stand as section twenty-
two." The method and rules for the collection and payment
of "deferred payments," as set forth in said section twenty-two,
shall be obligatory in the case of the village of Charlevoix,
which by this act is permitted to allow persons who are liable
for special assessments for street paving, to pay each year for
ten years, one-tenth of the amount for which they are liable,
with interest on all amounts unpaid, instead of being limited
to five years in which to pay such assessments.

This act is ordered to take immediate effect.
Approved May 4, 1903.

[No. 453.]

AN ACT to authorize the board of education of the city of

Saginaw, east side, county of Saginaw and state of Michigan, to borrow money and issue bonds in the sum of forty thousand dollars, to be used in the erection and equipping of a manual training high school, with a gymnasium and swimming-pool in connection therewith, in the eastern taxing district of the city of Saginaw, and in the purchase of a site therefor.

Amount may borrow.

Rate of interest.

The People of the State of Michigan enact: SECTION 1. The board of education of the city of Saginaw, east side, from and after the passage of this act, is hereby authorized and empowered to borrow on the faith and credit of said city, a sum of money not exceeding forty thousand dollars, for a term not in excess of ten years from date of issue, at a rate of interest not exceeding five per cent pe

annum, payable semi-annually or annually at such place or May execute places as the said board of education may determine, and to

make and execute the bonds of the eastern taxing district of said city therefor, in such form as the board of education may, by a majority vote of all the members of said board elect, determine, and to provide for the payment of the same; and said board of education is further authorized to issue, negotiate and sell such bonds from time to time, upon the best terms for such eastern taxing district of

bonds.

said city as may be obtained : Provided, however, That no such Proviso. bonds shall be sold upon any terms that will make the rate of interest upon the price actually received for such bonds more than five per cent per annum.

SEC. 2. The money borrowed under the provisions of this Moneys, how act shall be applied as follows, viz.: To the construction and used. equipment of a manual training high school building with gymnasium and swimming-pool in connection therewith, for the use of the eastern taxing district of said city, and for the purchase of a site therefor, to be located in such place in the eastern taxing district of said city as the said board of education may determine.

Sec. 3. Said board of education shall have the power and Board may it shall be its duty to raise by tax upon the taxable property pay. of the eastern taxing district of said city, such sum or sums as shall be sufficient to pay the amount of said bonds and the interest thereon as fast as the same shall become due as here. inbefore stated, and said board shall by resolution, determine from time to time the amount or amounts due and owing on said bonds in the same manner as is now provided for the raising of money for other school purposes in section nine of the charter of the board of education of the city of Saginaw. east side, and whenever the said board shall have made the estimates, by resolution, of the amount due on said bonds, the secretary of the board shall certify the same to the assessor or other proper officer or officers of said city of Saginaw, whose duty it may be to assess and extend the taxes of said city, and the said city assessor or other officer or officers whose duty it shall be to extend the ordinary city taxes, shall levy the sum or sums so determined and certified to him as the amount due on said bonds, upon the taxable property of the school district, at the same time and in the same manner as the taxes for other city purposes are assessed, and when collected be placed in a separate column on said rolls from any other taxes, to be headed “School Tax," and shall become and remain a lien upon the property on which the same is levied, in the same cases, to the same extent, and in like manner, and shall be collected in the same manner as is provided for taxes raised for ordinary city purposes. Said moneys shall be distributed and expended by the authority of said board for the purposes for which they were raised, and for no other.

This act is ordered to take immediate effect.
Approved May 6, 1903.

[No. 454.]

AN ACT to amend sections one and ten of chapter five; section

twenty of chapter six; section one of chapter nineteen, of act number three hundred one of the Local Acts of eighteen hundred seventy-five, entitled “An act to reincorporate the city of Lapeer,” approved April first, eighteen hundred seventy-five, and acts amendatory thereof, and to repeal all acts or parts of acts contravening the provisions of this act.

Sections amended.

The People of the State of Michigan enact: Section 1. Sections one and ten of chapter five; section twenty of chapter six; section one of chapter nineteen of act number three hundred one of the Local Acts of eighteen hundred seventy-five, entitled “An act to reincorporate the city of Lapeer," approved April first, eighteen hundred seventy-five, and acts amendatory thereof be and they are hereby amended to read as follows:

CHAPTER V.

Powers and duties of mayor.

Powers and duties of treasurer.

SECTION 1. The mayor shall be the chief executive officer of the city. He shall sign all orders drawn by the clerk and pay. able from the city funds. He shall preside at the meetings of the council, and shall from time to time give the council information concerning the affairs of the corporation, and recommend such measures as he may deem expedient. It shall be his duty to exercise supervision over the several departments of the city government, see that the laws regulating the city, and the ordinances and regulations of the council are enforced.

SEC. 10. The city treasurer shall have the custody of all moneys, bonds, mortgages, notes, leases, and evidences of value belonging to the city. He shall receive all moneys belonging to and receivable by the corporation, and keep an account of all receipts and expenditures thereof. He shall pay no money out of the treasury, except in pursuance of and by authority of law, and upon warrants signed by the mayor and countersigned by the clerk, which shall specify the purposes for which the amounts thereof are to be paid. He shall keep an account of and be charged with all taxes and moneys appropriated, raised or received for each fund of the corporation, and shall keep a separate account of each fund and shall credit thereto all moneys raised, paid in, or appropriated therefor, and shall pay every warrant out of the particular fund constituted or raised for the purpose for which the warrant was issued, and have the name of such fund indorsed thereon by the clerk.

CHAPTER VI.

Auditing of accounts by council.

Sec. 20. The council shall audit and allow all accounts chargeable against the city; but no account or claim or contract shall be received for audit or allowance unless it shall be accompanied with an affidavit of the person rendering it, to the effect that he verily believes that the services or property therein charged have been actually performed or delivered for the city, that the sums charged therefor are reasonable and just and that to the best of his knowledge and belief no set off exists, nor payment has been made on account thereof, except such as are indorsed or referred to in such account or claim. and every such account shall exhibit in detail all the items making up the amount claimed and the true date of each. It shall be a sufficient defense in any court, to any action or proceeding for the collection of any demand or claim against the city for personal injuries or otherwise, that it has never been presented, certified to or verified, as aforesaid, to the council for allowance; or if such claim is founded on contract, that the same was presented without the certificate or affidavit aforesaid, and rejected for that reason; or, that the action or proceeding was brought before the council had a reasonable time to investigate and pass upon it.

CHAPTER XIX.

SECTION 1. The council shall have supervision of all of the Council to public highways, bridges, streets, avenues, alleys, sidewalks and vision of highpublic grounds within the city, and shall cause the same to be ways, etc. kept in repair and free from nuisance: Provided, however, The Proviso as to city shall not be liable in damages sustained by any person, either to his person or property, by reason of any defective street, sidewalk, crosswalk or public highway, or by reason of any obstruction, ice, snow or other incumbrance unon such street, sidewalk, crosswalk, or public highway situated in the corporation, unless such person shall serve or cause to be served within sixty days after such injury shall have occurred, a notice in writing upon the city clerk, which notice shall set forth substantially the time when and the place where such injury took place, the manner in which it occurred and the extent of such injury as far as the same has become known, and that the person receiving such injury intends to hold the city liable for such damages as may have been sustained by him.

have super

This act is ordered to take immediate effect.
Approved May 7, 1903.

[No. 455.]

Bond issue for bridge by township.

submitted to electors.

AN ACT to authorize the township of Whitney in the county

of Arenac, and state of Michigan, to borrow money and issue its bonds therefor for the purpose of building a bridge or bridges across the Au Gres river in said township and to provide a tax for the payment of said bonds and the interest thereon.

The People of the State of Michigan enact: SECTION 1. The township board of the township of Whitney in the county of Arenac, and state of Michigan, is hereby authorized and empowered to borrow a sum of not exceeding twenty-five hundred dollars, on the faith and credit of said township, and issue its bonds therefor, payable at such times and in such manner as the township board of said township shall direct and bearing a rate of interest not exceeding six per cent per annum, payable annually, which money shall be expended for the building of a bridge or bridges across the Au Gres river in said township.

Sec. 2. Such money shall not be borrowed nor such bonds Question to be

issued, unless a majority of the qualified electors of said township voting at a special township meeting in said township to be called or ordered by the township board of said township, at any time after the taking effect of this act shall vote in favor of said proposition; and the said township board is hereby authorized and empowered to submit the question of said loan to the qualified electors of said township, at such special town. ship meeting, giving due notice thereof, by causing the date, place of voting, and object of said election to be stated in printed or written notices, posted in at least five public places in said township not less than twelve days prior to said election, which notices shall state the amount of money proposed to be borrowed.

Sec. 3. The proposition of issuing the said bonds provided for in section one of this act, shall be submitted to the electors by ballot, which ballot shall be written or printed, or partly written and partly printed, and of the following form:

For issuing township bonds-Yes. []
For issuing township bonds--No. []

Said vote shall be canvassed the same as the ordinary vote cast at township meetings, and if, upon the canvassing of said vote, it shall be found that a majority of the electors voting upon such proposition have voted in favor of said proposition, then said township board shall be authorized to issue the bonds of said township as provided for in the first section of this act.

Sec. 4. It shall be the duty of the township board of said bonds, how township to raise by tax upon the taxable property of said

township, in each year thereafter, in addition to any taxes now authorized by law, to be assessed and collected in said town. ship, an amount sufficient to pay all interest upon such bonds, accruing and becoming payable thereon, and to pay the princi. pal when due.

Form of ballot.

Canvass of votes.

Tax to pay

raised.

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