that you have resided in this State six months, and in this township (ward, or voting precinct, as the case may be) twenty days next preceding this election, and that you have not voted. at this election; or

2.

You do solemnly swear (or affirm) that you are twentyone years of age, that you resided in this State on the twentyfourth day of June, one thousand eight hundred and thirtyfive, that you have resided in this State six months, and in this township (ward, or voting precinct, as the case may be) twenty days next preceding this election, and that you have not voted at this election; or

3. You do solemnly swear (or affirm) that you are twentyone years of age, that you resided in this State on the first day of January, one thousand eight hundred and fifty, that you have declared your intention to become a citizen of the United States, pursuant to the laws thereof, six months preceding this election, that you have resided in this State six months, and in this township (ward, or voting precinct, as the case may be) twenty days next preceding this election, and that you have not voted at this election; or

4. You do solemnly swear (or affirm) that you are twentyone years of age, that you resided in this State two years and six months prior to the eighth day of November in the year one thousand eight hundred and ninety-four, that you declared your intention to become a citizen of the United States, pursuant to the laws thereof, two years and six months prior to said eighth day of November, that you have resided in this township (ward, or voting precinct, as the case may be) twenty days next preceding this election and that you have not voted at this election; or

5. You do solemnly swear (or affirm) that you are twentyone years of age, that you are a native of the United States, that you are of Indian descent and do not belong to any tribe, that you have resided in this State six months, and in this township (ward, or voting precinct, as the case may be) twenty days next preceding this election, and that you have not voted at this election.

If such person so challenged will take either of the above Penalty for oaths, his vote shall be received; but if such person shall swearing falsely. therein swear falsely, upon conviction thereof he shall be liable

to the pains and penalties of perjury.

This act is ordered to take immediate effect.

Approved February 18, 1895.

Incorporation

of villages.

Who may incorporate.

Application for

[ No. 3. ]

AN ACT to provide for the incorporation of villages within the State of Michigan, and defining their powers and duties.

CHAPTER I.

SECTION 1. The People of the State of Michigan enact, That all villages hereafter incorporated shall be incorporated under, and be subject to the provisions of this act.

SEC. 2. Any part of a township or townships not included in any incorporated village, containing an area of not less than one square mile, and a resident population of not less than three hundred persons, may be incorporated as a village as hereinafter provided.

SEC. 3. Any number of legal voters, not less than thirty, incorporation. residing within such territory, may make application for the incorporation of such proposed village to the board of supervisors of the county in which such territory may be situated, at any regular session of such board.

Before making

sus to be taken.

SEC. 4. Such persons shall within sixty days before makapplication cen- ing such application, cause an accurate census to be taken of the resident population of such territory; which census among other things, shall exhibit the name of every head of a family residing within such territory on such day, and the number of persons then belonging to such family; and it shall be verified. by the affidavit of the person taking the same, written thereon or annexed thereto.

Notice to be given.

Notice to be published.

Application to be by petition.

SEC. 5. The persons intending to make such application shall give notice that they will apply to the board of supervisors of the county in which such territory shall lie, on some day therein specified, for an order incorporating such territory as a village; such notice shall describe the boundaries of the territory proposed to be incorporated, and shall specify the township or townships in which it lies.

SEC. 6. If there be a newspaper printed within such territory, such notice shall be printed therein once in each week for four successive weeks immediately previous to the time therein specified for making such application; and if there shall be no such paper, such notice shall be printed in some newspaper, if there be one printed in said county, and having a general circulation therein, and posted in at least five public places in such territory, at least four weeks immediately before the time so specified therein.

SEC. 7. Such application shall be by petition, subscribed by the applicants, who shall be residents of such territory and legal voters therein, giving the name of the proposed village, describing such territory and setting forth the number of persons residing therein according to such census; such census and the affidavit verifying the same, and a copy of the notice herein required, with an affidavit of posting or publishing the same as aforesaid, shall be annexed to such petition; and it

shall be presented at the time specified in such notice, or as soon thereafter as the applicants can be conveniently heard in respect thereto.

parties inter

SEC. 8. The board of supervisors shall hear all the parties Board of superinterested therein, who shall appear and ask to be heard; it visors to hear may adjourn the hearing from time to time; it may direct that ested. a new census be taken, and appoint a person or persons to take the same; and it shall consider and determine the advisability of ordering such incorporation, and as to whether the whole or what portion of [the] territory included in the application shall be incorporated.

declare village

tration.

SEC. 9. If such board, after hearing the parties, shall be when board of satisfied that all the requirements of this act in respect to such supervisors to application have been complied with, and that such territory incorporated. as determined upon contains the population required by this act, it shall make an order declaring that such territory as determined upon shall be an incorporated village, by the name specified in such application, or by such other name as to such board shall seem proper; and said board shall in such order Time of holding appoint the time and place of holding the first election; and first election. shall also appoint four discreet persons, residents of such territory and qualified electors therein, who shall constitute a board of registration for said first election to be held in said village, and who shall also act as inspectors of election at said first election. The said board of registration shall meet on the Meeting of Saturday next preceding said first election, and shall remain board of regis in session the same hours required of boards of registration for general elections, and register the names of all persons residents of said village, presenting themselves for registration, and having the qualifications of voters at annual township meetings, due notice of the time and place of which registration shall be given by said board, by posting notices thereof in five public places in said village, at least ten days previous to said meeting. Such application and affidavit verifying the same, with copy of notice of hearing and proof of the posting or publishing of the same, and all the proceedings of such board of supervisors touching such incorporation shall be entered upon the records of said board, and all papers relating thereto shall be filed with the clerk of the county in which such proceedings are had and taken, and the county clerk of said county shall thereupon transmit a certified copy of such order of incorporation to the Secretary of State, who shall file and record the same in his office. The original order of incor- Order of incorporation, or a certified copy thereof, by the county clerk of portion to be such county, or a certified copy of the copy thereof on file in tary of State. the office of the Secretary of State, by the Secretary of State shall be prima facie evidence of such incorporation, and of the regularity thereof in all courts and places.

filed with Secre

place of holding

SEC. 10. The inspectors so appointed shall give notice of Notice to be the time and place of holding such election, and the officers to given of time and be elected at such election, by posting up written or printed election. notices thereof in at least five public places in such territory, at least three weeks previous to the day appointed for holding

Qualification for voting at first election.

Villages incorporated to be

the same, or by publishing the same in some newspaper printed in such territory for three successive weeks immediately preceding the time aforesaid. At such election the polls shall be opened at seven o'clock in the forenoon, and shall close at five o'clock in the afternoon.

SEC. 11. Every elector residing in such territory, and qualified to vote for township officers in the township in which such territory or some part thereof may be situate, may vote at all elections in said village, and all the laws of this State in relation to the election of township officers, canvass of votes, certifying the election of officers, and notifying them of their election, shall apply to such first election of officers in such village, so far as the same may be applicable and not inconsistent with the provisions of this act.

SEC. 12. All villages hereafter incorporated shall be bodies bodies politic. politic and corporate under and by the corporate name assumed by or designated for them as herein before provided, and by such name may sue and be sued, contract and be contracted with, acquire and hold real and personal property for the purposes for which they were incorporated, have a common seal, and change the same at pleasure, and exercise all the powers in this act conferred.

Service of pro

served.

SEC. 13. Service of process in suits against corporations cess, on whom organized under this act may be made on the president or clerk of the village, or, in their absence, upon any of the trustees thereof.

Who to constitute village

tration.

SEC. 14. After the first election the clerk and two of the board of regis trustees, to be appointed each year by the council, shall be the village board of registration. On the Saturday previous to the day of holding any annual or special election, and on any other days that the council may appoint, the board shall be in session from nine o'clock in the morning until eight o'clock in the afternoon, for the purpose of completing the registration of the electors of the village; and in case of the absence of said clerk, or of either of the trustees so appointed, those who shall be in attendance are authorized to appoint some competent person to fill the vacancy occasioned by such absence. Notice of the time and place of holding such meeting shall be given with the notice of said election. The members of the board of registration shall each receive two dollars per day as compensation.

Registration to conform with

registration laws in townships.

Village officers.

SEC. 15. In making and completing any such registration, the board shall proceed in the same manner and conform to the same rules, as near as may be, as are provided by law for registering electors in townships.

CHAPTER II.

OFFICERS.

SECTION 1. In each village the following officers shall be elected, viz., a president, six trustees, one clerk, one treasurer, who shall be ex officio collector, and one assessor. The president and trustees shall constitute the village council.

officers.

SEC. 2. The president shall, by and with the consent of President to the council, appoint a village marshal and a street commis- appoint certain sioner, and such other officers as shall be provided for by resolution or ordinance of the council, and the council may, from time to time, provide by ordinance or resolution for the appointment of such other officers, whose election or appointment is not herein specially provided for, as they shall deem necessary for the execution of the powers granted by this act, and the powers and duties of such officers shall be prescribed by the council: Provided, That the marshal may also be Proviso, appointed as street commissioner.

made.

SEC. 3. Appointments to office, excepting appointments to when appointfill vacancies, shall be made on the second Monday in April in mants to be each year, unless a different time shall be prescribed in the ordinance or resolution creating the office; but appointments which, for any cause, shall not be made on that day, or on the day provided in the ordinance or resolution creating the office, may be made at any subsequent regular or special meeting of the council.

SEC. 4. The president, clerk, treasurer and assessor shall Term of office. hold their respective offices for the term of one year from the second Monday of March of the year when elected, and until their successors are elected and qualified and enter upon the duties of their offices: Provided, That no person shall be eli- Proviso. gible to the office of treasurer for more than two successive terms.

SEC. 5. The trustees shall hold their offices for the term of Term of trustees two years from the second Monday in March of the year when of village. elected, and until their successors are qualified and enter upon the duties of their offices; except that at the first election held in any village incorporated subject to the provisions of this act, six trustees shall be elected, three for the term of one year and three for the term of two years from the second Monday of March in the year when elected, and annually thereafter three trustees shall be elected for the term of two years.

ive officers,

SEC. 6. All appointive officers, except officers appointed to Term of appointfill vacancies in elective offices, shall hold their respective offices until the second Monday of April next after such appointment, and until their successors are qualified and enter upon the duties of their offices, unless a different term of office shall be prescribed in this act, or in the ordinance or resolution creating the office. Officers appointed to fill vacancies shall hold their office until the next annual election, and until their successors are elected or appointed and qualified. All persons elected or appointed to office shall enter upon the duties thereof, upon taking the oath of office and filing the requisite security, if any is required of them.

for office.

SEC. 7. No person shall be elected or appointed to any Qualification office unless he shall be an elector of the village. And no person shall be elected or appointed to any office in the village who has been or is a defaulter to the village or to any board of officers thereof, or to any school district, county or other