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Sec. 5. All moneys voted by said school district, and certified by

Mode of es

sessing and the proper officers thereof to the respective supervisors in the town-school to res. ships in which said school district is in part situated, shall be assessed by the said supervisors, and collected by the several collectors of said townships, in the same manner as other school taxes are assessed and collected, and when so collected shall be paid over to the proper district officer, by the respective treasurers of the townships in which said district is situated, as other school taxes are collected and paid. Sec. 6. All public moneys belonging to said district shall be drawn Apportion

ment of pub. out and apportioned thereto by the school inspectors of each township moneys. in which said district is in part situated, in the same manner, as near as may be, as they are now required by law when a school district is organized in part in different townships.

Approved March 25, 1848.

No. 108.
AN ACT to incorporate the village of Mackinac.

Inhabitants

inac incor

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That all the citizens of this state, inhabitants of the island of Michilimackinac, be, and the same are here- of island of

Michilimackby ordained, constituted and declared to be, from time to time forever

porated. hereafter, one body corporate and politic in fact and in name, by the name of " the president, trustees and citizens of the village of Mackinac," and by that name they and their successors forever shall and may have perpetual succession, and shall be persons in law capable of suing and being sued, pleaded and being impleaded in all suits of what nature soever, and also to purchase, hold and convey any estate, real or personal, and may have a common seal, and may change and alter the same at pleasure, and shall be citizens of said village.

Sec. 2. There shall be a meeting of the citizens of said village holden annually, on the first Monday of October, for the purpose of lage meeting choosing officers of said village, and that the officers chosen at such meeting shall continue in office until the expiration of the month of October then next, or until others shall be chosen and qualified in their stead.

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Annual vi.

Village ofti cera.

Levying of taxes.

Sec. 3. The citizens of said village, in legal meeting assembled, shall annually choose a president, two trustees, a clerk, a treasurer and a marshal, all which officers shall be chosen by ballot, and on each ballot which shall be given in shall be written the name of the person for whom the same is given, and such ballot shall, by the person giving the same, in the presence of the president and trustees, or such of them as are present at such meeting, be put into a proper box for that purpose by the said village to be provided, and when the citizens present at any such meeting shall have had a reasonable time to give in their ballots, the president, or in his absence the senior trustee present, in the presence of the meeting, shall open the box, sort and count the ballots, and the person who shall have a majority of the ballots given in, shall, by the marshal, or in his absence by the junior trustee present, be declared to be elected, and no ballot be received after the box shall have been opened.

Sec. 4. The citizens of said village, in legal meeting assembled, shall have power to levy taxes on the polls and estate within the limits of said village, and on transient traders, for such purposes as said village shall think proper.

Sec. 5. The marshal shall be the collector of such taxes, and as in cases of fines, is hereby authorized and required to collect and pay over to the treasurer all such sums of money as shall be levied for the use of said village, within three months from the time of his receiving a warrant from the president therefor, and the treasurer's receipt shall be his voucher upon his settlement with the president and trustees, which shall be, when thereunto by them required, at the expiration of the three months as above. The marshal shall give ten days' notice before he makes distress for the collection of any tax, and if the tax on any lot on which no personal property can be found, shall remain unpaid two months after the expiration of the three months afore. said, the said marshal shall give notice by advertisement in five of the most public places in said village, of the amount of such tax, and the number (or other description of the lot or lots on which it is due, and if such tax shall not be paid within two months after the date of such advertisement, the marshal in such case may proceed to sell so much of said lot or lots as will discharge the same.

The marshal and treasurer shal, before they enter upon the duties of their offices, give bond

Duties of marshal.

Power and

and trusteee.

with sureties to the president and trustees and their successors in of- Duties of fice, (which bond with sureties to be approved by said president and trustees,) conditioned for the faithful discharge of the duties of their respective offices. The treasurer shall pay over all moneys by him received for the use of the village to the order of the president and trustees, and shall, when required, submit his books and vouchers to their inspection.

Sec. 6. The president and trustees are hereby empowered to lay out new highways, streets and public walks, for the use of said village, duties of and to alter those already laid out in said village, and to exchange highways for highways, or to sell highways, for the purpose of purchasing other highways, taking, in all respects, the same measures es are or may be directed by the laws of this state, as near as may be; and the party aggrieved by the laying out of such street or highways, may have the same remedy by application to the county courts, or otherwise, as is or may be provided in case of other highways; whenever such highways, so laid out by said president and trustees may become unnecessary for public use, they may be discontinued by said president and trustees.

Sec. 7. The president and trustees, or a majority of them, shall have power to make by laws relative to the markets and commerce Ibid. within the limits of said village ; relative to streets and highways of. said village ; relative to nuisances within said village limits; relative to wharves, channels, anchoring and mooring of vessels ; relative to trees planted for shade, ornament, convenience or use, public or private ; relative to the fruit of such trees; relative to trespasses committed in gardens; relative to walks and buildings, public and private; relative to the sweeping of chimnies, and preserving said village from injury by fire ; relative to warning meetings of said village, and of said president and trustees, and the times and places when and where they shall be holden ; relative to the mode of taxation, as to taxes to be levied in said village ; relative to the penalties to be incurred by those who, being chosen to office, shall (not being excused by said village) refuse to serve ; relative to the burial of the dead; relative to public lights and lamps ; relative to restraining horses, cattle, sheep, swine, or any geese from going at large within the limits of said village ; and to establish penalties for the breach of said by-laws: Provided, however,

liabilities of marshal de fined.

that such penalties shall, in no case, exceed the sum of twenty-five dollars for one offence; and said penalties shall be payable to the treasurer, or to such other person as the by-laws shall direct, and be recoverable by action of debt, to be brought before any justice of the peace resident within said village, or before any other competent authority : Provided, however, That no by-laws of said vilage shall be repug. nant to the laws of this state; And provided also, That all the bylaws, made by said president and trustees, shall be published by advertisement, set up in the most public place within said village, (or in some newspaper printed therein,) at least three weeks successively, before the same shall be of any validity.

Sec. 8. The marshal shall, within the limits of said village, and on Power and

the waters of the same, have the same powers, authorities and privileges, and be liable to the same suits or penalties for neglect of duty, in any case whatever, to all intents and purposes, as constables by law have and are ; and shall execute all lawful precepts to him directed, whether issued by virtue of the by-laws of said village or by the laws of the state, within his said described limits.

Sec. 9. All grants or leases of real estate belonging to said village, Grants and signed by the president of said village, and sealed with the village seal,

and approved by said village in legal meeting assembled, shall be good and effectual law, to convey the estate intended to be conveyed by such grant or lease : Provided, The same is recorded in the records

of said village ; and that said village shall have power to appoint inInspectors of spectors of every kind of produce brought to said village for sale or exproduce to be appointed portation ; and the votes or choice of a majority of the citizens present

at any legal meeting, shall be considered in all cases the vote or choice of said village ; and the said village shall have power, in legal meeting assembled, to choose all other officers not enumerated in this act, which shall be necessary to carry the by-laws of said village into execution.

Sec, 10, The president, trustees, clerk, treasurer and marshal of Village offi.? cers tot ke said village, and inspectors of produce brought to said village for sale oath of office

or exportation, shall severally take and subscribe the oath prescribed by the constitution of this state, within five days after they may respectively receive a notice of their election, which oath may be administered by any person qualified to administer such oaths by the laws of this state.

leases by vil. lage.

Sec, 11. Whenever the president or any other officer of said vil. Vacancies

how filled, lage shall resign, or be removed by death or otherwise, another shall &c. be chosen and sworn in his stead; and the president of said village, or in his absence, the senior trustee present at any meeting of said village, or of said president and trustees, shall be ex-officio moderator thereof; and the meeting of said village may from time to time be adjourned by a majority of the citizens present; and the said village may at any time hold special village meetings, whenever, in the opinion of the president and trustees, or a majority of them, the circumstances of the village require it. Sec. 12. Whenever any action or suit shall be commenced against

Suits against said village, process against said village may be served by leaving a village. copy of such process, attested by the proper officer, with the clerk of said village, or at his usual place of abode therein, whose duty it shall be to inform forth with, the president and trustees thereof; and it shall be the duty of the clerk to make and keep a just and perfect record of all and every law and ordinance made and established by said village, and of all corporate proceedings thereof; and the record so made by the clerk shall at all times be open to the inspection of any citizen of, said village, and the president and trustees of said village are hereby authorized to fix and establish such fees to the clerk, treasurer, marshal, and other officers of said village as to them shall seem necessary and proper. Sec. 13. The first meeting of the citizens of said village shall be 1st annual

village meet holden on the first Monday in June next, at the court house in said vil- inz. lage, at one o'clock in the afternoon, for the choice of a president and two trustees, clerk, treasurer and marshal, and to transact such other business as may be necessary; a copy of this paragraph of this act, duly certified and published in three public places within said village, at least five days before the said first Monday of June next, shall be a legal warning of the citizens of said village to attend said first meeting; and the officers 'chosen at such meeting shall continue in office unul the expiration of the month of October next, unless others are sooner chosen and qualified in their stead. At said first meeting a moderator and clerk shall be chosen, who shall see that the election is duly conducted and certified.

Sec. 14. The act entitled “ an act to repeal the charter of the bor

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