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tion benefits.

or assessment.

ment as follows: One-fifth shall be levied by the assessors of said city upon the next succeeding tax roll, one-fifth in one year, one-fifth in two years, one-fifth in three years and onefifth in four years thereafter, and such taxes, together with the interest at the rate of six per cent per annum thereon, shall be collected by the treasurer of the city upon warrants of the mayor in the manner provided for the collection of taxes in the charter of the city of Lansing for public improvements.

SEC. 2. The county drain commissioner shall apportion the Wbo to apporper cent of benefits to accrue to any piece or parcel of land situated in said township by reason of said drainage through said sewer or benefit to the public health, convenience or welfare, which per cent of benefits shall be apportioned upon and assessed against the lands benefited according to such assessment of benefit.

SEC. 3. The county drain commissioner shall, after having To give notice determined the lands benefited by said drain and the per cent to be assessed against each, give at least ten days' notice of such determination to all persons whose lands are affected by such assessment, which notice shall contain a description of the several lands comprising the special assessment district, the time and place when he will hear objections, if any, to said determination and benefit and tax district. The time for review shall be held open from nine o'clock a. m. until five o'clock p. m. At such review, the county drain commissioner When to shall hear the proofs and allegations of all parties in interest and shall carefully reconsider and review the descriptions of land comprised within the special assessment district, the several descriptions assessed, and on the assessments and benefits, to divide and equalize the same as may seem just and equitable: Provided, That all extra expense for making said Proviso. drain a covered one and the keeping and maintaining the same as a covered drain shall be borne by and assessed to the city of Lansing and the persons owning property therein, and none of such extra expense shall be borne by or assessed to the township of Lansing or any property owner in the said township: Provided further, That should the course of said Further drain be changed in the city of Lansing no expense in the proviso. change thereof shall be borne by or assessed to the township of Lansing or any property owner thereof, but the same shall be borne by and assessed to the city of Lansing and the property owners therein; all assessments to said township of Lansing and the property owners thereof for the benefits received by reason of said drain shall be on the basis of an open drain only.

SEC. 4. When the county drain commissioner shall have when superfinally determined the per cent of benefits and the property spread taxes against which it shall be assessed, the supervisor of said township shall cause the same to be spread on the next regular tax roll which shall be assessed and collected in the manper provided for the collection of taxes. The treasurer of said

review.

Owner may appeal to

Court to

township shall, immediately after collecting said tax, turn over the same to the treasurer of the city of Lansing who shall apply the same to the fund from which the cost of the construction of said sewer or drain was charged.

Sec. 5. The owner of any land assessed the per cent of any probate court.

benefits for the construction of said drain, who may feel him. self aggrieved by the assessment of the county drain commissioner, may appeal therefrom, and for such purpose make an application to the probate court for the county of Ingham for the appointment of a board of review, as hereinafter provided, by filing with said probate court a notice to that effect and by filing also a bond with such court in the sum of two hundred dollars with one or more sureties to be approved by the judge of probate, conditioned upon the payment of all costs in case the assessment made by the county drain commissioner shall be sustained.

Sec. 6. The probate court, upon receipt of any such appliappoint board cation as hereinbefore provided, shall forth with notify the

county drain commissioner in writing of such appeal and shall thereupon make an order appointing three disinterested and competent freeholders of such county, not residents of such township or city, as members of the board of review. The persons so appointed, shall constitute the board of review. The court shall thereupon, with the concurrence of the county drain commissioner, immediately fix a time and place when and where said board of review shall meet to review said assessment, which time shall not be less than ten or

more than fifteen days from the date of filing such appeal. Notice of The county drain commissioner shall thereupon give notice meeting of board.

to the persons so appointed, of their appointment and the time and place of meeting, and shall give notice of such meeting by posting notices in at least five public places in said township and city, and shall serve a like notice upon the appellant. Such notice shall be made not less than five days before the day of hearing and may be made either by personal service or causing a copy thereof to be left at the several places of residence. Proof of service of notice of appeal shall be made by the persons serving said notice and by the filing in the office of the judge of probate. At such hearing, the board of review shall have the right and it shall be their duty to review all assessments made by the county drain commissioner on such drain. The persons so appointed, shall be sworn by the county drain commissioner to faithfully discharge the duties of such board of review.

SEC. 7. The board of review shall proceed at the time and board.

place specified in the notice, to hear the proofs and allegations of all the parties in respect to the matter of appeal and shall thereupon proceed to view the lands benefited by such drain and review all the assessments made by the county drain commissioner on such drain and if in their judgment there be manifest error or inequality in such assessment, they shall order and make such change as they may deem just and

Powers and duties of

board may

equitable. In case the assessment of the county drain commissioner shall be sustained by such board of review, the appellant shall pay the whole cost and expense of such appeal. Such costs and expenses shall be ascertained and determined by the judge of probate and if not paid, the appellant shall be liable on his bond for the full amount of such cost in an action at law to be brought by the county drain commissioner on the bond before any court having competent jurisdiction.

SEC. 8. Should any or all of the persons so appointed as a when new board of review, neglect or refuse to serve or be unable to be appointed. act, the county drain commissioner shall adjourn the hearing for a sufficient length of time, not exceeding in all ten days, to enable him to apply to the probate court for the appointment of other persons to act as such board of review and shall make public announcement of the time and place of such adjournment. The review shall thereupon be deemed a continuous proceeding and no formal notice shall be required. The probate court shall, upon the showing being made that Vacancies, either any or all the persons appointed as aforesaid, of the neglect, refusal, or were unable to act, as the case may be, and of the adjournment day of meeting, at once by an order appointing such other person or persons of like qualifications as members to fill such vacancy, and the county drain commissioner shall notify such person or persons so appointed to fill such vacancy, of his appointment and of the adjourn. ment day of meeting. The person so appointed, shall have the same power and perform the same duties as are herein provided for a board of review in the first instance. The person compensaacting as such board of review, shall receive the sum of three dollars per day actually and necessarily spent in the discharge of their duties as such member of the board of review.

This act is ordered to take immediate effect.
Approved June 16, 1903.

tion.

[No. 528.]

AN ACT to amend section one of act number four hundred

thirty-three of the Local Acts of nineteen hundred one, entitled "An act to authorize the making of special assessments to pay for the construction of drains and sewers in the village of Highland Park, in the county of Wayne.”

The People of the State of Michigan enact: SECTION 1. Section one of act number four hundred thirty- Section three of the Local Acts of nineteen hundred one, entitled "An amended. act to authorize the making of special assessments to pay for the construction of drains and sewers in the village of Highland Park, in the county of Wayne," is amended so as to read as follows:

Powers of village relative to assessments.

amount.

SECTION 1. The village council of Highland Park may create special assessment districts and raise, by special assessment therein, in the manner provided in chapter eight of act number three of the Public Acts of eighteen hundred and ninetyfive, entitled "An act to provide for the incorporation of villages within the State of Michigan, and defining their powers and duties," and the amendments thereto, for street paving assessments, such sums as it may deem necessary for the pur.

pose of paying for the construction of drains and sewers: Proviso as to Provided, In no case shall the whole amount to be levied by

special assessments upon any lot or premises for the construction of such drain or sewer exceed twerty-five per cent of the

value of such lot or premises as valued and assessed in the Proviso as to last preceding tax roll: Provided further, That the council advertising.

shall in all cases advertise for bids for the construction of

proposed drains and sewers and shall in no case award bids. Proviso as to except to the lowest responsible bidder: And further propetitions to council.

vided, That the powers herein granted shall not be exercised by the council except upon petition, duly signed, of a majority of the owners of the property frontage therein, meaning there. by that each owner, whether resident or non-resident and no matter how many feet frontage or parcels of land he may own, shall count one and one only in such petition, except that where more than one person is represented in the ownership of a parcel or parcels of land the owners collectively shall count one in said petition: Provided, That in proposed districts where there are twelve or more dwelling houses the

council may act on the petition of the owners of twelve dwellFurther ing houses: Provided further, That the word "owner," as proviso.

used in the act, in cases where the premises are sold and pur-
chased and held on a contract commonly known as a land con-
tract, shall mean that the vendee in such contract shall be re-
garded as the owner to the exclusion of the vendor.

This act is ordered to take immediate effect.
Approved June 16, 1903.

Proviso.

[No. 529.]

AN ACT to authorize the townships of Empire and Glen

Arbor, in the county of Leelanau, to borrow money and issue bonds therefor, for the purpose of building a bridge across the Narrows of Glen Lake, on the line dividing the said townships, and to provide for the payment of the principal and interest on said bonds.

Township boards may borrow money.

The People of the State of Michigan enact: SECTION 1. The township boards of the townships of Empire and Glen Arbor, in Leelanau county, are, each for itself, hereby authorized and empowered to borrow not exceeding three thousand dollars, on the faith and credit of said town

ballot.

ships, and issue bonds therefor; said moneys to be used in the building of a bridge across the Narrows of Glen Lake, on the line dividing the two townships, and also on the line of the “Manistee and Leland State road.” The sum of three thou. sand dollars hereby authorized to be borrowed by each of the said townships, shall be due and payable in ten years from the date thereof, together with interest at a rate not to exceed six per cent per annum.

Sec. 2. Such money shall not be borrowed nor such bonds Question to be issued, unless a majority of the qualified electors of each of submitted to said townships of Empire and Glen Arbor, voting at special township meetings in said townships, to be called or ordered by the respective township boards of said townships at any time after the taking effect of this act, shall vote in favor of said proposition; and the said township boards are hereby authorized and empowered to submit the question of said loan to the qualified electors of said townships, each for itself, at such special township meetings, giving due notice thereof, by causing the date, place of voting and object of said elections to be stated in printed or written notices, posted in at least five public places in each of said townships, not less than twelve days prior to said elections, which notices shall state the amount of money proposed to be borrowed.

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

For the Glen Lake Narrows bridge loan-Yes. [ ]
For the Glen Lake Narrows bridge loan-No. [ ]

Said vote shall be canvassed in the same manner as the Vote, how votes 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 the same, the township boards shall be authorized to issue the bonds of their respective townships as provided in the first section of this act. SEC. 4. It shall be the duty of the township boards of Amount to be

raised by said townships of Empire and Glen Arbor, to raise by tax upon the taxable property of the said townships, in each of the years following the making of the loan provided for by this act, in addition to the other taxes authorized by law to be assessed and collected in the said townships, an amount sufficient to pay one-tenth of the principal obligation and the interest on the amount unpaid.

Sec. 5. It is hereby made the duty of the township boards Interest on of said townships of Empire and Glen Arbor to issue to their bonds, how respective township treasurers, definite orders for the pay. ment of the several installments of the interest on the loan in this act provided for, as the same shall become due, and for the creation and proper care and security of a sinking fund to be constituted from the sums to be raised annually

canvassed.

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