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ordinance made or ordained by [said] the common council, that the person offending against the same shall be punished by fine, or imprisonment in the common jail of the county of Mecosta, or by both fine and imprisonment, in the discretion of the court before whom the offender shall be tried; or said common council may provide that such person so offending shall forfeit and pay a sum of money, to be recovered by said city against such person in an action of debt before any court of competent jurisdiction: Provided, That no such fine or forfeiture shall exceed the sum of one hundred dollars, and no such imprisonment shall exceed the period of three months;

Thirtieth, The city may acquire, purchase and erect all such Public buildpublic buildings as may be required for the use of the corporation, ings, parks, etc. and may purchase, acquire, appropriate and own such real estate as may be necessary for public grounds, parks, markets, public buildings, and all other purposes necessary or convenient for the public good, and the execution of the powers conferred in this act, and such buildings and grounds, or any part thereof, may be sold, leased, mortgaged and disposed of as occasion may require; Thirty-first, The city may acquire by purchase within the Cemetery. limits of said city, or within the limits of the township of Big Rapids, in the county of Mecosta, as the common council shall determine, any lands which it shall consider to be necessary for the purpose of one or more cemeteries, and may protect and regulate the use of any cemetery that it now has or may hereafter acquire, either within the limits of said city or within said township, and may make any rules and regulations that it shall deem necessary or proper for the care thereof. It shall cause an accurate map of all such cemeteries to be made and certified by the civil engineer who shall make the same, and the same shall be approved and adopted by the common council. One copy thereof shall be filed and kept in the office of the recorder of said city, and one copy of the same shall be filed and kept in the office of the register of deeds of said county.

SEC. 13. The common council of said city, at any of their Council may appoint police meetings in the month of May in each year, may designate and justice. appoint any one of the justices of the peace of said city, as a police justice. Such police justice shall hold his office of police justice during the pleasure of the common council, but not beyond the third Monday in May of the year next succeeding the year of his appointment, unless he shall be reäppointed to said office: Provided, however, That any appointment of a police jus- Proviso. tice as aforesaid may at any time be revoked by a majority vote of all the aldermen elect of said city, at any regular meeting of the common council, which revocation shall cause and be deemed a vacancy in said office of police justice. Before he shall enter Bond. upon the discharge of his duties as police justice, he shall give a bond to the city of Big Rapids in such sum as the common council may direct, with one or more sufficient sureties, to be approved by the mayor, conditioned upon the faithful performance of the duties of his office, and to truly account for and pay

over all moneys which shall come into his hands belonging to the said city, to the treasurer thereof, on the first Monday of every month during the time he shall continue in office, which bond Compensation. shall be filed with the recorder. The police justice shall receive for his services as such police justice a compensation not exceeding six hundred dollars per year (or pro rata for any time less than one year), as shall be fixed and determined by the common council of said city, and such salary shall be in lieu of all other fees and charges for such services. Such police justice shall, except in case of his absence or inability to act, have exclusive jurisdiction to hear, try and determine all prosecutions for violations of city ordinances, to hear, try and determine all actions for the recovery of any fine, penalty or forfeiture for the violation of any of the ordinances of said city, and to punish offenders for the violation of any ordinance as in said ordinance prescribed, and the proceedings in all such actions and prosecutions shall be according to, and governed by the general laws and rules of practice of this State applicable to courts of justices of the peace. In case a vacancy shall occur in the office of police justice by resignation or otherwise, the common council may at any time designate and appoint some other one of the justices of the peace of said city as a police justice, who shall give the bond. and perform the duties of police justice as herein prescribed.

Vacancy.

Of the mayor.

Veto power.

SEC. 17. It shall be the duty of the mayor to take care that the laws of the State and the ordinances of the common council be faithfully enforced and executed. The mayor shall be the chief executive officer of the city of Big Rapids, and a conservator of the peace, and it shall be his duty, in addition to the other requirements of this act, to see that officers of the said city shall faithfully comply with the discharge of their official duties; to see that all laws pertaining to the government of the said city and all ordinances and resolutions of the common council be faithfully observed and executed, and it shall be his duty to report to the common council any violations thereof. He shall from time to time give to the common council such information and recommend such measures as he shall deem necessary and expedient. The mayor shall also have power to suspend the operation of any by-law, ordinance or resolution passed by the common council by filing with the recorder within two days after the passage of such ordinance, by-law or resolution, a notice in writing of his intention to veto the same; and by filing with such recorder within one week after the passage of such ordinance, by-law or resolution, his reasons in writing, why such by-law, ordinance or resolution should not go into effect, then the same shall not become operative or go into effect, unless at the first regular meeting of the common council thereafter, the same shall be repassed, without debate, by the concurring vote of twothirds of all the aldermen elect of said city. And if so repassed, the same shall go into effect according to the terms thereof; and if such reasons in writing shall not be filed as aforesaid, then such by-law, ordinance or resolution shall have the same opera

recorder.

tion and effect as if no such notice suspending the same had been
filed with the recorder as aforesaid. It shall be the duty of the Duty of
recorder to communicate to the common council at its next regu-
lar meeting any paper that may have been filed with him by the
mayor pursuant to the provisions of this section.

council.

SEC. 22. The president of the common council shall possess President of the same powers and perform and discharge the duties of mayor during the absence, inability, death or removal of the mayor, except as herein otherwise provided.

assessments.

recorder.

SEC. 44. The common council shall at the time and place in Review of said notice specified, or at some session thereafter, take said assessment into consideration, and may rectify or amend said assessment roll in whole or in part, or may set the same aside and direct a new assessment, without any corrections, or with such therein as they may think proper; and when such assessment roll shall be completed, and ratified and confirmed by the common council, the recorder shall endorse thereon or annex thereto his Certificate of certificate that such assessment roll was ratified and confirmed by the common council and the date of such confirmation. When- Special assessment, when set ever any special assessment for the improvement of any street, or aside, etc. for any other public work, shall in the opinion of the common council be invalid, said council may vacate and set the same aside, and whenever any special assessment shall be so vacated, or shall be held invalid by the judgment or decree of any court of competent jurisdiction, said common council may cause a new special assessment to be made for the purpose for which the original assessment was made. Such new assessment shall be made in the manner provided for making original [assessments] assessment of like nature in force at the time when such [assessments] assessment should be made; and whenever the tax or any part thereof assessed upon any lot or parcel of land by the original assessment set aside or held invalid as aforesaid has been paid and shall not have been refunded, it shall be the duty of the treasurer of said city to apply said payment upon the re-assessment on said lot or parcel of land, and to make a minute thereof upon the new assessment roll, and such re-assessment shall to the extent of such payment be deemed paid and satisfied. All the provisions of this Special assess charter making special assessments a lien upon the lots and parcels te of land embraced therein, and also those relating to the collection of special assessments shall apply to re-assessments made under this section. The provisions for re-assessments in this section shall apply to special assessments heretofore made as well as to those which shall hereafter be made.

ments a lien,

ete.

lien, etc.

SEC. 45. Every assessment so ratified and confirmed by the Assessment a common council as aforesaid, unless the same shall be vacated and set aside by said common council as provided for in the preceding section, shall be final and conclusive and shall remain and continue a lien upon the premises assessed for such tax. Within ten days after such assessment shall have been ratified and confirmed, the mayor and recorder, or either of them, shall warrant to be affix to such assessment and tax roll a warrant for the collection

affixed.

Warrant to specify time.

be delivered,

Treasurer to levy and collect.

Proviso.

Costs.

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thereof, signed by them, or either of them, under the seal of said city, which warrant shall be directed to the treasurer of said city, commanding him to collect the same within a time in said warrant to be specified, not less than thirty days nor more than four months from the date of said warrant; and the said assessWhen roll shall ment and tax roll, with said warrant annexed, shall be delivered to said treasurer within the ten days aforesaid, who shall, within the time mentioned in the said warrant, or within such further time as the common council shall allow, be authorized to levy and collect the same by distress and sale of the personal estate of the person owning the premises so assessed, and for want thereof, the real estate so assessed, returning the surplus, if any, after deducting the amount taxed, together with interest, costs, and charges of sale, to the person against whose property such Non-residents. tax shall have been assessed. But in case of lands, tenements and hereditaments, owned by non-residents, no demand of payment of taxes assessed thereon, of such owners, shall be necessary prior to a levy and sale thereof, or prior to the levy and sale of the property of such non-residents: Provided, That whenever any Notice of sale. real estate shall be sold by said treasurer, notice thereof shall be published once a week in some newspaper published in said city, at least six consecutive weeks immediately preceding the time of such sale; such notice shall state the amount of such tax, together with the description of the premises to be sold, and the name of the owner thereof, if known. And said treasurer shall be allowed to collect, in addition to the amount so assessed, such costs for publication as are now allowed by law for publishing notices of tax sales in the several counties of this State, and such other costs and charges as are now allowed by law to township treas urers in case of distress and sale of personal property. The treasurer on such sale, shall give to the purchaser or purchasers of such lands a certificate in writing describing the lands so purchased, the amount paid, and the time when the purchaser thereof will be entitled to a deed for said land; and if the said lands are not, within one year from the date of such sale, redeemed by the payment to the treasurer of said city for the use of the purchaser, his heirs or assigns, of the sum mentioned in such certificate, with interest thereon at the rate of twenty per cent per annum from the date of such certificate, the treasurer, or his successor in office, shall, at the expiration of said year, execute to the purchaser or purchasers, his or their heirs or assigns, a conveyance of the lands so sold, and the said conveyance shall be prima facie evidence that the sale and all the proceedings therein prior to such sale were regular; and every such conveyance executed by said treasurer under his hand and seal, acknowledged and recorded, may be given in evidence in the same manner as a deed of conveyance regularly executed, acknowledged, and recorded. Every sale of both real and personal estates made under and by virtue of this act shall be at public auction at some public place within said city, to be specified in the notice of Hours of sale, sale, and shall take place between the hours of nine o'clock in

Certificate of sale.

Redemptions.

Conveyance.

All sales by auction.

of personal

the forenoon and four o'clock in the afternoon, and the land or
other property so sold shall be struck off to the highest bidder;
and all personal estates sold upon said tax sales shall be upon a Notice of sale
notice of not less than six days, which notice shall be posted up estate.
in three or more public places within said city; and at every City may
sale made under the provisions of this section the said city may purchaser.
become the purchaser, subject to all the liabilities and obligations
of other purchasers.

This act is ordered to take immediate effect.
Approved February 26, 1889.

[No. 294.]

AN ACT to determine the territory embraced within the corporate limits of the city of Iron Mountain, and to legalize all proceedings in the organization thereof.

become

incorporated.

SECTION 1. The People of the State of Michigan enact, That Territory so much of the county of Menominee as is included in the following descriptions, viz.: The west half of section thirty-two; south half of southwest quarter, northwest quarter of southwest quarter and lot three of section twenty-nine; south half of north half and south half of section thirty and entire section thirtyone, all in township forty north, of range thirty west, and the southeast quarter of section twenty-five and east half of section thirty-six in township forty north, of range thirty-one west, be declared to be set off from the township of Breitung and to be organized and incorporated into a city by the name of the city of Iron Mountain, subject to the provisions of act number one hundred and seventy-eight of the session laws of eighteen hundred and seventy-three, approved April twenty-ninth, eighteen hundred seventy-three, entitled "An act for the incorporation of cities," as though all the proceedings had for the organization and incorporation of the village of Iron Mountain and the extension of the boundaries of said village by the board of Act of supersupervisors of said county had been in compliance with law and had included all of said territory and as though all the proceedings had for the incorporation of said village into a city had been regular and in compliance with law.

This act is ordered to take immediate effect.
Approved February 28, 1889.

[No. 295.]

AN ACT to legalize and validate all the proceedings had to establish a system of water-works, up to and including the issuing of certain bonds issued by the common council of the village of Ovid, in the county of Clinton, and State of Michigan.

visors legalized.

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