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for in this act, except that said written statements and certificates shall be deposited with the clerk of the village of Cheboygan; and the clerk and village council shall perform the same duties in respect to the canvass of votes and returns, and in determining and certifying what persons are elected to office, and in notifying such persons of their election as are required of such clerk and council in respect to said annual elections.

village.

over.

run, etc.

Plat of lands,

SEC. 4. There shall be no annual election in the village of No election in Cheboygan on the second Monday in March, in the year of our Lord eighteen hundred and eighty-nine, but all village officers Officers to hold whose terms of office would then expire, shall remain in office and exercise the powers and duties thereof until the city officers and members of the council first elected under this act, or a majority of them, shall enter upon the duties of their [offices] office. SEC. 5. All process against the city shall run against the city How process to in the corporate name thereof, and may be served by leaving a certified copy with the mayor, city clerk, or city attorney, at least ten days before the day of appearance mentioned therein. SEC. 6. No lands or premises shall hereafter be laid out, etc. divided and platted into lots, streets and alleys, within the city, except by permission and approval of the council by resolution passed for that purpose, nor until the proprietor shall file with the city clerk a correct survey, plan and map of such grounds and [subdivisions] subdivision 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 city; nor shall any such plat and dedication of the streets and public grounds thereon be recorded in the office of the register of deeds, until a certificate has been indorsed thereon by the city clerk, under the seal of the city, showing that such plat and dedication has been approved by the council; nor shall the city, by reason of such approval, be responsible for the improvement, care and repair of such streets and alleys, excepting such as the council shall accept and confirm by ordinance or resolution, as provided by section two of chapter nineteen of this act.

to rights of

SEC. 7. The said city of Cheboygan shall succeed to and be City to succeed vested with all the personal and real estate, franchises, credits village, etc. and effects whatever, and all and every right or interest therein of and belonging to the village of Cheboygan, and all demands due and to grow due to the same, shall hereafter fully and absolutely belong to the city of Cheboygan, the corporation created by this act, saving, nevertheless, to all and every person his or their just rights therein; and to the end that all and singular the estates and rights aforesaid may be fully vested in the corporation hereby created, every person who is or shall be possessed thereof shall deliver the same to the city of Cheboygan, with all the [evidences] evidence touching the same, and said corporation may bring suit in its corporate name for the recovery of the same, and the said city of Cheboygan shall be liable to and

Of lands bid off by village, etc.

Proviso.

In cases of special assess ments, etc.

shall pay all just debts due from or claims or demands against the village of Cheboygan as heretofore existing; and all contracts heretofore made or entered into by the [corporate] corporation authorities of the village of Cheboygan shall be and the same are made binding and obligatory upon the corporation hereby created, and are continued in force and effect, the same as if this act had not been passed.

SEC. 8. Any and all lands heretofore bid off to and now held by the village of Cheboygan for the non-payment of taxes, may be redeemed from, and sold and conveyed by, the treasurer of the city of Cheboygan; and also any and all lands heretofore returned for delinquent taxes, and not yet offered for sale, may be redeemed from, advertised, sold and conveyed by, such city treasurer, in the same manner, within the same time, and with like effect, as might be done by the treasurer of the village of Cheboygan, under the provisions of law relating thereto: Provided, That in addition to the amount of the tax and the interest allowed by law, the city treasurer shall, in any future sale of land for non-payment of taxes on account of said village, add sixty cents to each description to cover the expense of advertising and sale. The taxes and assessments heretofore levied and assessed upon and against the real estate and any piece or parcel thereof, within the village of Cheboygan, which shall not have been paid and discharged at the time this act shall take effect, shall be and continue a lien upon and against the lands upon which they are levied until paid; and payment thereof, and also of all taxes levied upon the personal property of any person in said village returned unpaid, may be enforced by the city of Cheboygan against the person, persons, or corporation liable to pay the same, by suit or otherwise, by and in the name of the city of Cheboygan, in the same manner as might have been done by the village of Cheboygan.

SEC. 9. In cases where a special assessment has been made by authority of and confirmed by the council of the village of Cheboygan, and the same, or some part thereof, shall not have been collected when this act takes effect, the city of Cheboygan shall have authority to enforce the payment thereof, and the same proceedings may be had therefor as is provided in chapter twenty-two of this act. And in cases where any expense has been incurred by the village of Cheboygan upon or in respect to any separate or single lot, parcel of land or premises, which by the provisions of the act to which the village of Cheboygan was subject, the council of said village were, and which by the provisions of this act the city council are, authorized to charge and collect as a special assessment against the same, such as expenses incurred in the construction and repair of sidewalks, not being of that class of special assessments required to be made pro rata upon several lots or parcels of land in an assessment district, and such [expenses] expense shall not have been paid when this act takes effect, the council of the city of Cheboygan shall have authority to enforce payment thereof, and the same proceedings may be

had therefor as is provided in chapter twenty-two of this act governing like cases, and whether or not such expenses were incurred within or more than a year before the last tax levy in and for said village of Cheboygan.

determine place

be assessed.

SEC. 10. In case any question shall arise as to which ward any Council to certain lot, piece or parcel of land shall belong for purposes of where land to assessment and taxation, where the boundary line of any two wards shall divide such lot, piece or parcel of land, then in such case the council shall have the authority to determine the question and decide to which ward such lot, [piece], or parcel of land belongs for the purposes of assessment and taxation, and any such determination and decision shall be conclusive and final.

deemed, etc.

SEC. 11. This act shall be deemed a public act, and shall be How act to be favorably construed in all courts and places whatsoever. The legislature may at any time modify, alter, amend or repeal the

same.

to rights, etc.,

Benton, etc.

SEC. 12. The city corporation hereby created shall succeed to City to succeed and be vested with all the property, real and personal, moneys, of town of rights, credits and effects, and all records, files, books and papers, belonging to the township of Benton in the county of Cheboygan, and the same shall, upon the organization of said city under this act, be, by the proper officers of the township of Benton, or any person having the same in charge, delivered, paid and turned over to the proper officers of the city, but the city of Cheboygan shall be liable to and shall pay to such municipality as shall be entitled to receive it, such portion of said property as rightfully belongs to that part of the territory of said township of Benton that is not included in the limits of the city: Provided, however, Proviso. No part of the moneys belonging to the school, bridge, and cemetery funds shall be so paid over, but shall, and the whole thereof, belong to said city of Cheboygan to be applied to the purpose for which it was raised or received. The treasurer of the township of Benton shall pay and turn over to the treasurer of the city of Cheboygan all moneys in his hands, as well also all the books, records, papers and files belonging to his office. SEC. 13. The clerk of the township of Benton shall deliver to Duty of town the clerk of the city of Cheboygan all chattel mortgage and other securities on file in his office affecting property belonging to persons residing within the city, together with the entry books of the same, also all other books, records, papers and files belonging to his office, except such as belong to some other officer of the city, in which case he shall deliver the same to the proper officer of the city; and when so delivered, such mortgages, securities and other papers shall be considered and treated as being properly filed in such city clerk's office. SEC. 14. The present justices of the peace of the township of Justices of ald Benton shall have the same power and authority, and shall exer- tinue, etc. cise the same in and for said city of Cheboygan, as is by this act conferred upon justices of the peace elected in and for said city, and shall in all respects be subject to the provisions of this act relating to such justices of the peace, and they shall

clerk of Benton.

town to con

Evidence of publication of notice, etc.

Repeal of act to incorporate village, when to

continue to hold their respective offices, and to discharge the duties thereof until the fourth day of July, eighteen hundred and eighty-nine, and until their successors, viz., the justices of the peace to be elected at the first election to be held under the provisions of this act, shall have been elected and qualified, and thereupon their respective terms of office shall expire, and thereupon the said justices of the peace of the township of Benton shall deliver to their respective successors, their justices' dockets and all dockets and files in their respective offices; and for all purposes of proceeding in said matters or suits then pending before or in the office of any justice of the peace of said township of Benton, and for the transferring of dockets and files, the justice of the peace elected at such first election under the provisions of this act for the term of four years shall succeed the justice of the peace of said township of Benton whose term of office will expire on the fourth day of July, eighteen hundred and eightynine, and the one so elected for three years shall succeed the one whose term of office would next expire, and the one so elected for two years shall succeed the one whose term of office would then next expire, and the justice of the peace elected at said first election for the term of one year shall succeed the justice of the peace of said township of Benton whose term of office would last expire, and in case any matter or suit shall be pending and undetermined, before any [of the] justices of the peace of said township of Benton at the time his office will expire as in this act provided, the successor to such justice or justices of the peace as the case may be, as provided in this section, shall proceed to hear, try and determine such matter or suit, and to issue execution thereon in the same manner and with like effect as he might have done if such matter or suit had originally been commenced before him.

SEC. 15. When, by the provisions of this act, notice of any matter or proceeding is required to be published or posted, an affidavit of the publication or posting of the same, made by the printer of the newspaper in which the same was published, or by some person in his employ having a knowledge of the facts, if such notice was required to be by publication, or by the person posting the same, when required to be by posting, and filed with the city clerk, or any other competent proof of such facts, shall in all courts and places be presumptive evidence of the facts therein contained. It shall be the duty of the city clerk to see that all such affidavits are duly made and filed.

SEC. 16. When said city of Cheboygan shall have been organized under this act, and its officers shall have been chosen and qualified, take effect, etc. then, thereupon, the act entitled "An act to re-incorporate the village of Cheboygan [in the county of Cheboygan,"] approved March 27th, 1877, shall, by virtue of the provisions of hereof, be repealed, and the said village, as a municipal corporation, shall cease and terminate: Provided, however, And and it is expressly enacted, that all the by-laws and ordinances of said village of Cheboygan, and the rules and regulations of the council of the village now in force shall continue in force as, and are declared

(Proviso.

to be, by-laws, ordinances, rules, and regulations of said city, and
they shall have the same force and effect in all respects, and shall
be as valid for all purposes as though enacted and adopted by
the council of the city of Cheboygan under the authority and
provisions of this act, until modified, changed, amended, altered,
or repealed by the council of said city of Cheboygan, and the
terms employed in such ordinances, by-laws, rules and regulations
in designating the various officers of said village, in respect to
their powers and duties, may imply the term by which the several
officers of the city of Cheboygan are designated, whose powers
and duties correspond with those of said village.

This act is ordered to take immediate effect.
Approved March 13, 1889.

[No. 334.]

Council may

AN ACT to authorize and empower the city of Dowagiac, in the county of Cass, to borrow money for public improvements. SECTION 1. The People of the State of Michigan enact, That borrow money.. the common council of the city of Dowagiac, in the county of Cass, shall be and is hereby authorized and empowered to borrow money on the faith and credit of said city and to issue bonds therefor to an amount not exceeding fifty thousand dollars, which shall be expended in making public improvements in said city of Dowagiac: Provided, That a majority of the qualified electors present and voting at an election to be called for that purpose, in compliance with the provisions of this act, shall vote in favor of such loan and not otherwise.

submitted to

SEC. 2. The question of raising said money by a loan shall be Question to be submitted by the common council of said city to the qualified electors, etc. electors thereof at a special election to be called for the purpose of voting on said loan upon due notice, as required by the provisions of the charter of said city, which notice shall state that said electors will be called upon to vote upon such loan and the amount thereof.

SEC. 3. The vote on any loan under the provisions of this act Vote by ballot. shall be by ballot, which shall have written or printed thereon

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the words," For the loan,' or, "Against the loan." The Form of ballot

election shall be conducted and the votes canvassed in all respects as other elections, and immediately upon the conclusion of such canvass there shall be made and signed by the inspectors of election a certificate showing the whole number of votes cast upon such proposition, and the number for and against the same, respectively, which certificate shall be forth with filed with the recorder of said city.

SEC. 4. If such loan shall be authorized by a majority of such Bonds. electors, said bonds may be issued in such sums not exceeding in the aggregate the amount herein before limited, and payable at such times and with such rates of interest not exceeding six per

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