liabilities of binding on grow due to said village, and the corporation hereby created Credits and shall be liable for and pay all just debts due from, or claims the "village" or demands against the said village of Charlotte, or the trus-city. tees thereof; and all contracts made, or agreements entered into, by the corporate authorities of said village of Charlotte, shall be and the same are hereby made binding and obligatory upon the corporation hereby created. and distri indebtedness and property of Carmel Sec. 67. All indebtedness of the townships of Carmel and Payment Eaton, respectively, and all property belonging thereto, shall bution of be liquidated, paid, and distributed between each of said towns of townships and the said city of Charlotte, upon the following basis: The and Eaton. assessment rolls of eighteen hundred and seventy shall be the basis for computation. Each of the towns and said city shall pay its proportion of the indebtedness and obligations incurred at the passage of this act by the towns of Eaton and Carmel, in proportion to the real and personal property contained within the limits of each, as shown by said rolls, and each of said towns and said city shall receive, in distribution of the property of such organizations, its proportion, to be ascertained in the same manner; and the mayor of said city and the supervisors of said towns, when elected and qualified, are hereby authorized to apportion such indebtedness and make distribution of such property. And the said city, by its mayor, is conveyance hereby authorized and required to convey to said townships, or teries in Carmel, Eaeither of them, its interest in and to all cemeteries within ton, and the their limits; and said townships, by their respective supervisors, are authorized and required to convey to said city the interest either or both of them may have in and to any cemetery grounds lying within the limits of said city. of ceme city. swamps, etc. Sec. 68. The common council of said city shall have power Drainage of to drain or to regulate the drainage of all swamps, marshes, and wet lands within the corporate limits thereof; and they may assess the cost of said drainage, in whole or in part, upon the lands directly benefited thereby, to be collected in the same manner provided for the collection of local taxes assessed Proviso. Further proviso. When village ordi terms of village officers to ex pire. officers of Eaton. for local benefits: Provided, That the costs so assessed for drainage purposes shall not in any one year exceed five per cent of the assessed valuation of said land for the preceding year. Said common council shall also have the same powers to act in concert with the officers of adjoining townships, in regard to drainage, as are now or may hereafter be provided by law for adjoining townships: Provided, That the mayor. recorder, and supervisor, under the direction of the common council, may act as its committee for that purpose. Sec. 69. The president, clerk, and trustees of the village of nances and Charlotte shall respectively discharge all the duties imposed upon them by law and the ordinances of said village, until such time as the officers of the city of Charlotte are elected and qualified, and no longer; and all the ordinances and regulations of the board of trustees of said village now in force, not inconsistent with this act and the general laws of the State, shall be and remain in force until altered or repealed by the common Township council of the city of Charlotte, and all the township officers Carmel and of the townships of Carmel and Eaton, except justices of the peace residing in said city, may continue to discharge the duties of such officers for said townships until after the first Justices Monday of April next; and the justices of the peace duly limits to con- elected and qualified, residing within and holding office in the corporate limits of said city, shall respectively discharge all the duties imposed by law upon such officers, for the full term for which they were severally elected and qualified, and shall give the same bonds, have the same powers, and perform the same duties as justices of the peace for said city duly elected and qualified under the provisions of this act. within city tinue to act. Township Justices to Sec. 70. The township justices of the peace residing within deliver dock- the limits of the city whose terms of office shall expire as ets, etc., to cessors un der this act. their suc provided in this act, shall, upon the election and qualification of the justices of the peace elected by the city, immediately deliver their dockets and official papers to the city recorder: said recorder shall immediately deliver each of said dockets, and the papers thereto belonging, to one of the newly elected justices of the peace, and each justice to whom a docket is so delivered shall be the successor in office of the justice who last held the same; and all pending and undetermined suits and proceedings therein entered shall be continued as if originally commenced before him. duties of elected act. Sec. 71. The justices of the peace elected and qualified in Powers and and for said city shall have like powers, discharge the same justices duties, and be subject to the same liabilities as justices of the under this peace in the townships of this State: Provided, That all Proviso. actions within the jurisdiction of justices of the peace may be commenced and prosecuted in the courts of the justices of the peace of said city, when the plaintiff or defendant, or one of the plaintiffs or defendants, reside in said city, or in the townships of Carmel or Eaton, or in the townships next adjoining the townships of Carmel and Eaton. union trict. Sec. 72. The lands within the limits of said city, together Charlotte with such contiguous territory as now belongs to fractional school disschool district number one of Carmel and number two of Eaton, and all territory which may hereafter be annexed thereto for school purposes, shall constitute and remain a single school district, to be known and designated as Charlotte union school district, subject however, to the general law concerning primary and union schools; and all debts and liabilities of said fractional schcol district number one of Carmel and number two of Eaton, shall be assumed and paid by said Charlotte union school district. mortgages ered to re of Carmel and Sec. 73. The township clerks of said townships of Carmel Chattel and Eaton shall deliver to the recorder of the city, when elected to be delivand qualified, all chattel mortgages executed by persons resid-corder by ing within the limits of said city; and all chattel mortgages Eaton. hereafter given by persons residing in said city shall, when filed, be filed with the recorder, who shall be entitled to the Recorder's same fees as are provided by law for township clerks. fee for filing. Board of registration at first election. Relative to vacancy in board. Time of meeting of board and laws govern Sec. 74. This act shall be deemed a public act, and shall be favorably construed by all courts. Sec. 75. The president, clerk, and trustees of the village of Charlotte shall constitute a board of registration of the electors of the city of Charlotte for the first election held under the provisions of this act, and they may so classify themselves that two of them may be assigned to each ward, the more speedily to complete the registration; and in case of the sickness or absence of any one of said officers, or his inability or refusal to serve at the session in any ward, the board of trustees of said village shall immediately, under the hand of their president, appoint some elector of said city resident in the ward in which he is to serve, to act in his stead, who shall be, for the purpose of registration in that ward, deemed a member of the board of registration. Sec. 76. For the purpose of making a list of the legal electors of said city, said board is hereby authorized to meet at the ing its action place designated in this act for holding said first election in the several wards of said city, on the Saturday next preceding said election, and all laws relating to the time of day when such boards shall be in session, the mode of proceedings at such meetings, the use of such register when completed, and all other provisions of law relating to registration not inconsistent with this act, are hereby declared to be in full force and effect in relation to the proceedings at said meetings of said board. Sec. 77. This act shall take immediate effect. [ No. 251. ] AN ACT to revise and amend an act entitled "An act to incorporate the city of Muskegon." CITY BOUNDARIES. SECTION 1. The People of the State of Michigan enact, That Boundaries. all the following tract and parcel of land situate in the county of Muskegon, and State of Michigan, described as follows, to wit: Commencing at the center of Muskegon lake or river, in township ten north, of range sixteen west, where the section line between sections sixteen and seventeen crosses said lake or river; running thence south on the section line to the southeast corner of section twenty-nine, in said township; thence west on the section line to Muskegon lake; thence north to the center of said lake; thence along the center of said lake to the middle of the bridge across said lake; thence east to the place of beginning, including all land in said boundaries, and the portion of said lake or river included therein, be and the same is hereby set off from the township of Muskegon, and declared to be a city, by the name of the city of Muskegon, by which name it shall hereafter be known. corporate Sec. 2. The freemen of the said city from time to time Body being inhabitants thereof, shall be and continue a body cor- and politic. porate and politic, to be known and distinguished by the name and style of the city of Muskegon, and shall be and are hereby made capable of suing and being sued, of pleading and being impleaded, of answering and being answered unto, and of defending and being defended in all courts of law and equity, and in all other places whatsoever; and shall have a common seal, which they may alter and change at pleasure, and by the same name shall be and are hereby made capable of purchasing and holding, conveying and disposing of any real or personal estate for said city. 110 |