Page images
PDF
EPUB

SEC. 25. Nothing in this chapter contained shall prevent Villages may any village from obtaining private property for any of the acquire private public uses herein specified by negotiation and purchase, chase.

CHAPTER XIV.

MISCELLANEOUS.

property by pur

SECTION 1. The term village, whenever used in this act, The word village shall be construed to mean a village incorporated under construed. this act or subject to its provisions.

SEC. 2. No village shall become the owner or holder of Village not to stock or shares in any incorporated company.

own stock, etc.

SEC. 3. When, by the provisions of this act, notice of Affidavit of any matter or proceeding is required to be published or publication. posted, an affidavit of the publication or posting of the same, made by the printer of the newspaper in which the same was inserted, or by some person in his employ knowing the facts, if such notice was required to be by publication, or by the person posting the same when required to be by posting, shall be prima facie evidence of the facts therein contained: Provided, The same be Proviso as to. filed with the village clerk within six months from the date of the last publication thereof, or of posting the same.

SEC. 4. Whenever any judgment or decree of any court In case of judgshall be rendered or decreed against any village, and such against village. village shall be unable to meet the payment of such judgment or decree by reason of the limitation of its power of taxation, then and in such case it shall be lawful for the council of said village to issue the bonds of such village to an amount not exceeding the sum of such judgment or decree, and the taxed costs arising in the procuring of such judg ment or decree, together with the interest thereon, which bonds may be made payable at such times and place and at such rate of interest, not exceeding six per cent per annum, as shall be prescribed by the council, and such bonds shall be sold and disposed of at not less than par value, in such manner as may be deemed advisable by said council.

changing bound

SEC. 5. Whenever in any other act than this the govern- Board of trustees ing body of a village is described as the board of trustees, construed. the trustees, or common council, it shall be construed to mean the body herein described as the village council. SEC. 6. Whenever the council of any village shall deter- Manner as to mine by resolution to alter the boundaries of such village, aries of village. either by taking in lands and premises adjoining thereto or by taking out any lands and premises included in such village, or both, they shall petition the board of supervisors of the county in which such lands and premises affected thereby are situated to make such change. Such petition shall contain a description by metes and bounds of the

Notice to be published in newspapers.

Reincorporation of villages.

To succeed to

gations of former corporations.

lands and premises proposed to be added to or taken out of such village, and shall set forth the reasons for the proposed change, and shall contain a copy of the resolution of the council in relation thereto, and shall be signed by the president and clerk of such village. Before such petition shall be presented to the board of supervisors notice shall be given by the clerk of the time and place when the same will be presented for consideration, by publishing the same in a newspaper published in such village for at least three weeks immediately preceding the presentation of the same, and if no newspaper is published in such village, then by posting the same in at least three of the most public places within the village, and in at least three of the most public places of the territory directly affected thereby. Such notice shall also contain a description of the premises proposed to be taken in or out of the boundaries of such village. At the time of presenting such petition all parties interested may appear before such board of supervisors and be heard touching the proposed boundaries of such village, and after such hearing and due consideration of such petition, it shall be the duty of the board of supervisors to order and determine as to whether the prayer contained in the petition or any part thereof shall be granted, and they shall make an order of such determination, which order shall be entered upon their records, and thereupon the boundaries of such village shall be fixed and shall exist as provided in such order, and a certified copy thereof shall be transmitted to the clerk of such village and to the Secretary of State, and such order shall be prima facie evidence of such change of boundaries of such village and of the regularity of such proceedings in all courts and places.

SEC. 7. All villages heretofore incorporated under any general or special law of this State, are hereby reincorporated under and made subject to the provisions of this act, such reincorporation to take effect on the twenty-fifth day of February, A. D. eighteen hundred ninety-five, and all general or special laws by virtue of which such villages have been incorporated are hereby repealed from and after the said twenty-fifth day of February, A. D. eighteen hundred ninety-five.

SEC. 8. All villages reincorporated under and made subrights and obli- ject to the provisions of this act, as provided in the preceding section, shall succeed to and be vested with all the property, real and personal, moneys, rights, credits and effects, and all the records, files, books and papers belonging to such villages as formerly incorporated, and no rights or liabilities, either in favor of or against such former corporation, existing at the time of its reincorporation, under or subject to the provisions of this act, and no suit or prosecution of any kind shall be in any manner affected by such change, but the same shall stand or progress as if no such change had been made, and all debts and liabil

different remedy

ities of the former corporation shall be deemed to be the debts and liabilities of the new corporation, and all taxes levied and uncollected at the time of such change shall be collected the same as if such change had not been made: Provided, That when a different remedy is given in this Proviso when act, which can be made applicable to any rights existing is here given, at the time of the incorporation of the village under or subject to this act, the same shall be deemed cumulative to the remedies before provided, and may be used accordingly. SEC. 9. All the officers in any such village, elected or Present officers appointed under the provisions of the former act of incorporation of such village, and in office at the time this act shall take effect, shall continue to exercise their respective functions under the provisions of this act of reincorporation for the full term for which they were so elected or appointed, and until their successors shall have qualified and entered upon the duties of their offices, unless herein otherwise provided for.

to serve term,

SEC. 10. The by-laws and ordinances of any such vil- By-laws to relage, and the rules and regulations of the council and of main in force, any board of such village heretofore in force and not inconsistent with this act, shall remain in force after the passage of this act, and are hereby declared to be re-enacted, by virtue of and under the powers conferred by this act, until altered, amended or repealed by the council or board as the case may be.

ments may be

SEC. 11. In cases where a special assessment has been special assessmade by authority of and confirmed by the council of any collected. such village, and the same, or some part thereof, shall not have been collected when this act shall take effect, such village, as hereby reincorporated, shall have authority to enforce the payment thereof, and the same proceedings may be had therefor as are provided in this act.

ly granted not

SEC. 12. All licenses granted by any such village under Licenses formerits former act of incorporation shall be and remain in full revoked. force and virtue until the expiration of the time for which they were granted.

SEC. 13. The first election of officers for any such vil- First election, lage reincorporated under the provisions of this act shall when to be held. be held on the second Monday in March, A. D. one thousand eight hundred and ninety-five, and notice thereof and of the officers to be elected thereat shall be given and the election held and conducted, the votes canvassed, the result determined, and notice given to persons elected, in the same manner and within the same time as herein provided.

village to run in

SEC. 14. All process against any village incorporated under Process against or made subject to the provisions of this act, shall run against corporate name. the village in the corporate name thereof, and may be served by leaving a certified copy with the president or clerk, at such time and manner as may be provided by law. SEC. 15. No lands or premises shall hereafter be laid out, Plats to be apdivided and platted into lots, streets, and alleys, within any such village, except by permission and approval of the coun

proved by coun

Repealing clause.

cil by resolution passed for that purpose; nor until the proprietor shall file with the village clerk a correct survey, plan, and map of such grounds and the subdivisions thereof, platted and subdivided as approved by the council, and made to their satisfaction; showing also the relative position and location of such lots, streets, and alleys with respect to the adjacent lots and streets of the village; nor shall any such plat and dedication of the streets and public grounds thereon be recorded in the office of register of deeds of the county in which such village is located until a certificate has been endorsed thereon by the village clerk, under the seal of the village, showing that such plat and dedication has been approved by the council; nor shall the village, by reason of such approval, be responsible for the improvement, care, and repairs of such streets and alleys excepting such as the council shall accept and confirm by ordinance or resolution.

SEC. 16. Act number sixty-two of the public acts of the State of Michigan of the year A. D. one thousand eight hundred seventy-five, being chapter eighty-one of Howell's annotated statutes, and all subsequent amendments thereto;

Act number one hundred sixty-eight of the session laws of the State of Michigan of the year A. D. one thousand, eight hundred fifty-seven, being chapter eighty-two of Howells' annotated statutes and all subsequent amendments thereto;

Act number ninety-two of the public acts of the State of Michigan of the year A. D. one thousand eight hundred seventy-five, being part of chapter eighty-three of Howell's annotated statutes;

Act number one hundred forty-four of the session laws of the State of Michigan of the year one thousand eight hundred sixty-seven, being part of chapter eighty-three of Howell's annotated statutes;

Act number two hundred thirty-eight of the session laws of the State of Michigan of the year one thousand eight hundred sixty-five, and all amendments thereto, being part of chapter eighty-three of Howell's annotated statutes; and

Act number twenty of the public acts of the State of Michigan of the year A. D. one thousand eight hundred ninety-three are hereby repealed.

This act is ordered to take immediate effect.
Approved February 19, 1895.

6 Sec Add
1897 232

[ No. 4. ]

AN ACT to provide for the determination by the probate courts of this State of the sanity of persons who may have been adjudged by such courts to be insane.

probate court

person released

SECTION 1. The People of the State of Michigan enact, Application to That whenever any person, upon application to any probate for examination court in this State for his admission into any asylum, home or as to sanity of retreat, for the care of the insane, shall have been adjudged from asylum. by such court insane, and shall have been released from or shall not have been received into any such asylum, home or retreat, application may be made to such court for a finding and order, declaring such person restored to soundness

of hearing such

of mind. Upon the presentation of such application to such Court to fix time court by the person so adjudged insane, or by the person application. making the application for his admission to such asylum, home or retreat, the court shall fix a time for hearing thereof, and in case the application is made by the person adjudged insane shall cause notice to be given to the person who applied for such order of admission, if he be found in said county, and may cause such further notice to be given as to the court seems proper. If upon the hearing When person of such application, the court, from the testimony given, court to enter shall find such person restored to soundness of mind, an same on journal. order shall be entered in the journal of the court declaring him sane: Provided, however, That the testimony of at Proviso. least two reputable physicians establishing the sanity of such person shall be required before the finding of the

court and entry of such order.

This act is ordered to take immediate effect.
Approved February 19, 1895.

declared sane

[ No. 5. ]

AN ACT to amend section five of act number two hundred and four of the public acts of one thousand eight hundred and ninety-three, entitled "An act to create a board of jury commissioners consisting of seven persons for the courts of record in the county of Wayne and to repeal act number ninety-five of the public acts of eighteen hundred and eighty-seven, as amended by act number forty-two of the public acts of eighteen hundred and ninety-one and all other. acts and parts of acts contravening the provisions of this act,' so as to prevent persons not properly qualified as such from serving as jurors in courts of record in said county.

[ocr errors]

amended.

SECTION 1. The People of the State of Michigan enact, Section That section five of act number two hundred four of the public acts of one thousand eight hundred ninety-three,

« EelmineJätka »