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money assessed to and set opposite his name therein; and in case any person named in said roll shall neglect or refuse to pay his assessment upon demand, then to levy and collect the same by distress and sale of the goods and chattels of such person, and to return said roll and warrant, together with his doings thereon, within sixty days from the date of such war

rant;

Return of moneys and

or.

Duty of city Twentieth, l'pon receiving said assessment roll and warrant, collector.

the city collector shall proceed to collect the amounts assessed therein. If any person shall neglect or refuse to pay his assessment within ten days after the same is due the collector shall seize and levy upon any personal property, within the city or elsewhere within the county, belonging to such person and sell the same at public auction, first giving six days' notice of the time and place of such sale by such notices in three of the most public places in the city or township where such property may be found. The proceeds of that sale, or so much thereof as may be necessary for that purpose, shall be applied to the payment of the assessment, and a percentage of five per cent upon the amount of the assessment for the costs and expense of said seizure and sale, and the surplus, if any, shall be paid to the persons entitled thereto;

Twenty-first, The city collector shall pay the moneys and roll by collect- all the percentage collected by him into the city treasury, and

take the treasurer's receipt therefor and file the same with the city clerk. He shall also make return of said assessment roll and warrant to the city clerk, according to the requirements of the warrant; and if any of the assessments in said roll shall be returned unpaid, the collector shall attach to his return a statement, verified by affidavit, containing a list of the persons delinquent and a description of the lots and premises upon which the assessments remain unpaid and the amount unpaid on each;

Twenty-second, Said warrant may be renewed from time to be renewed.

time by the city clerk if the council shall so direct, and for such time as they shall determine, and during the time of such renewal the warrant shall have the same force and the city collector shall perform the same duties and make the like re

turn as above provided. In case any assessment shall be finally turned unpaid. returned by the city collector unpaid, as aforesaid, the same

may be certified to the supervisor of the proper ward in the manner provided for in subdivision eighteen of this section, and shall then be reassessed with interest at the rate of ten per cent from the date of confirmation of the assessment until the first day of February next ensuing, in the next ward tax roll, and be collected and paid in all respects as provided in

subdivision aforesaid; When may be Twenty-third, At any time after a special assessment has collected by

become payable and demand made therefor, and ten days have elapsed without payment thereof, the same may be collected by suit, in the name of the city, against the person assessed, in an action of assumpsit in any court having jurisdiction of the amount. In every such action a declaration upon the

Warrant may

In case assessment re

suit.

common count for money paid shall be sufficient. The special assessment roll and a certified order or resolution concerning the same shall be prima facie evidence of the regularity of all the proceedings in making the assessment and of the right of the city to recover judgment therefor; Twenty-fourth, If in any such action it shall appear that by Court may

render judgreason of any irregularities or informality the assessment has ment when not been properly made against the defendant or upon the lot assessment

irregular. or premises sought to be charged, the court may, nevertheless, on satisfactory proof that expense has been incurred by the city which is a proper charge against the defendant or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises;

Twenty-fifth, Said collector shall return to the county treas- Statement of urer at the time of the returning of the State and county taxes unpaid special for the then ensuing year a statement of all special taxes lēctor. which may have been assessed for special improvements and then remaining unpaid and due, in the same manner provided by law for township treasurers, and in like manner as other lands may be returned for non-payment of State and county taxes; and said lands shall be subject to redemption and sale in like manner as other lands returned delinquent for the nonpayment of State or county taxes under the general provisions of law.

Sec. 110. The common council shall have authority to lay Council may down and maintain pavements of any street or streets of said levy tax for city, and to levy and collect, as hereinafter mentioned by taxation such sums of money as may be necessary to pay the cost of the same, which taxation shall be specific, and have no reference to or be limited by the general taxation otherwise provided for by the charter of said city, and said specific taxation shall be assessed as such times and for such amounts, and only against such real estate as is by this section made chargeable therewith as follows:

First, When the council shall have determined to lay down Resolution and maintain pavements of any street or streets of said city,

for laying. they shall so declare by resolution, stating what part or proportion of the expense thereof shall be paid by such special assessment, and what part, if any, must be paid from the general fund of the city, and shall designate the district or lands on which the special assessment shall be levied;

Second, Before ordering any pavement to be constructed To cause upon the street or streets of said city, the council shall cause estimates to estimate of the expense thereof to be procured, and also plats and diagrams, when practicable, of the locality where such pavement or pavements are to be constructed, and deposit the same with the city clerk for public examination, and they shall give notice thereof by publication thereof at least two consecutive weeks in two of the newspapers of the city, and of the time when the council shall meet and consider any objections thereto: Provided, however, That the aggregate of said Proviso. special assessment shall not exceed five per cent of the

pavements.

sessments,

Who to make special assessment roll.

Further equalized valuation of the property to be assessed: And proproviso.

vided further, That no such special assessment shall be made, unless the owners of more than half of the frontage along the street to be paved shall have petitioned the council for such

pavement; Costs, what to Third, The cost and expense for any pavement which is to include.

be defrayed out of the general fund of said city shall include

the cost for surveys, plans and estimates for the same; Special as- Fourth, Such special assessment shall be made pro rata how made.

upon the lots and premises in such pavement district according to the frontage and benefits, and the council shall, by resolution, set forth and state the amount to be assessed, and the per cent to be assessed for each lineal foot of frontage extending to the middle of the street, and the per cent according to the benefits upon the equalized valuation and the per cent to be charged to the city at large;

Fifth, The common council shall cause to be made by a committee appointed for that purpose a special assessment roll entering and describing therein all the lots, premises and parcels of land to be assessed and the valuation thereof, with the names of the persons, if known, chargeable with the assessment thereon, and shall levy thereon and against such persons the amount to be assessed in the manner directed by the common council and the provisions of this act, which assessment roll shall also show the amount and per cent chargeable to the city at large;

Sixth, Such special assessment when made, shall be filed be published. in the office of the city clerk and numbered, and before adopt.

ing the assessment the council shall cause notice to be published for at least two consecutive weeks in some newspaper in the city of the filing of the same with the city clerk, and appointing the time when the council will meet to review the assessment. Any person objecting to the assessment may file his objection thereto in writing with the city clerk;

Seventh, At the time appointed for that purpose as aforesaid, the council shall meet and there, or at some adjourned meeting, review the assessment, and the council shall correct the same if necessary, and confirm it as made or may annul it and direct a new assessment to be made, in which case the same proceedings shall be had as in respect to previous assessments. When a special assessment shall be confirmed the city clerk shall endorse the certificate upon the roll showing the date of confirmation; and when confirmed such assessment shall be final and conclusive, but no such assessment shall be confirmed except by concurrence of two-thirds of all the aldermen elect;

Eighth, All special assessments shall from the date of con. firmation thereof, constitute a lien upon the respective lots or parcels assessed and shall be charged against the persons to whom assessed until paid, and shall be due and payable at the

same time that the city taxes are due and payable; To be reported Ninth, Whenever any special assessment shall be confirmed to supervisors. the council shall direct the city clerk to report to the super

Notice of

Council to review as. sessment.

To constitute lien,

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visor of each ward in which any of the lots and premises assessed in the special assessment roll are located, a description of such lots and premises as contained in said roll with the amount of the assesment levied upon each, and the name of the owner or occupant against whom the assessment was made, and requiring the said supervisor to levy the several sums so assessed as a tax upon the several lots and premises to which they were assessed respectively. Upon receiving said report the When to be supervisors shall. levy the sums therein mentioned upon the respective lots and premises to which they are especially assessed and against the persons chargeable therewith as a tax in the ward tax roll next thereafter to be made in a column for special assessments, and thereupon the amount so levied in said ward tax roll shall be collected and enforced with the other taxes in the ward tax roll in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be paid into the city treasury. The city How colcollector shall be authorized by warrant under the hand of the supervisor to enforce the collection of said special assessment in the same manner in every respect as provided in this charter for the enforcement of other city taxes, and the moneys so paid upon said special assessment shall be kept in a special fund to be designated a special assessment fund; Tenth, At any time after such special assessment has become When may be

collected by payable and demand made therefor, and ten days have elapsed suit. without payment thereof, the same may be collected by suit in the name of the city against the person assessed in an action of assumpsit in any court having jurisdiction of the amount. And in every such action, declaration upon the common counts shall be sufficient. The special assessment roll and a certified order of the resolution concerning the same shall be prima facie evidence of the regularity of all the proceedings making the assessment and the right of the city to recover judgment therefor;

Eleventh, If in any such action it shall appear by reason of In case proany irregularity or informality the assessment has not be properly made against the defendant or upon the lot or premises sought to be charged, the court may nevertheless upon satisfactory proof that expense has been incurred by the city which is a proper charge against the defendant, or of the lot or premises in question, render judgment for the amount properly chargeable against said defendant or against said lot or premises; Twelfth, That when any street shall have been once so paved Expense of

repair, how and any parcel of real estate shall have been taxed therefor, paid. such parcel shall thereafter not be liable for any portion of the expense of keeping said pavement in repair, but the expense of keeping said pavement in repair shall be met out of the general fund of said city: Provided, That when any land has been once Proviso as to

repavement. taxed for the laying down of new pavement of the street or streets upon which it may front, then and thereafter for a new repaving of said street or streets, said land shall be liable to be again taxed to the extent of thirty-five per cent of the cost

ceedings

Provisions relative to laying of pipes.

of such repavement; but when the council shall have determined to pave any street or streets, the expense of establishing and preparing the grade thereof for such paving, and for curb stones between the paved portions of such streets and the sidewalks thereof, and for the paving of crossings of any such street or streets shall be at the general expense of the city;

Thirteenth, Whenever any paving has been ordered upon any street in said city, it shall be the duty of any person owning any lot or lots, lands or premises adjoining to, or abutting upon such street, before the same shall be paved, to put in and lay all such sewer, water and gas connections in front of their lands and premises, and carry the same from the pipe in such street to and beyond the curb line of such proposed pavement as the council shall determine to be necessary for the preservation of such proposed paving, when the same shall be laid and put down, and such connection shall be made, laid and put in in the manner and at the time or times as shall be directed by the council. In case the owner of such lòt or lots, lands or premises, shall neglect or refuse to make, lay or put in such connection at the time or in the manner prescribed by the council, then the council shall cause the same to be made, laid or put in, and the respective owners of such lots, lands or premises shall be liable. for the cost thereof, together with ten per cent in addition thereto, as a penalty to be recovered by the city in an action of debt or assumpsit, or the cost together with the amount of such penalty for which such persons shall be respectively liable the council shall cause to be reported to the board of special assessors to be levied and assessed by them as a special tax or assessment upon such lot or lots, lands or premises, and to be collected in the manner prescribed by section forty-seven of this act.

This act is ordered to take immediate effect.
Approved May 27, 1903.

[No. 494.]

AN ACT to amend section nineteen of act number three hun

dred twenty-one of the Local Acts of eighteen hundred ninetyseven, entitled “An act to amend and revise the charter of the city of Adrian.”

Section amended.

The People of the State of Michigan enact: SECTION 1. Section nineteen of act number three hundred twenty-one of the Local Acts of eighteen hundred ninety-seven, entitled, “An act to amend and revise the charter of the city of Adrian,” is hereby amended so as to read as follows:

Sec. 19. The mayor, city marshal, street commissioner, supervisors and constables shall hold their offices for the term of one year, and the city clerk and the city treasurer for the

Term of certain officers.

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