Duty of treasurer of board. Bonds. Proceedings relative to building. the sums so certified to them upon the taxable property of the said city in the same manner and at the same time as the State and county taxes are levied. SEC. 68. The treasurer of said board shall have charge of all moneys or funds belonging to the board, and he shall pay them out only upon the order of said board, signed by the president and countersigned by the clerk thereof. Said treasurer shall give bonds with good and sufficient sureties to be accepted by said board for at least double the amount of moneys entrusted to his hands for the faithful discharge of his duties. SEC. 69. Whenever the said board shall from time to time determine by resolution what sum or sums of money may be necessary to erect school buildings, or a school building on block sixty-three of "Warren & Bronson's subdivision of the city of Big Rapids," or other buildings used for school purposes in said city, such sum, or such part thereof as they may deem necessary, shall be assessed and levied on the real and personal property of said city for such building purposes, to be collected as other school moneys and applied by said board for building as aforesaid: Pro Proviso. vided, Said resolution shall have been first approved by said school district, to be determined by a majority of the votes cast in said district at a regular city election, or at a school meeting of said district, called by said board for that purpose, said meeting to be called in the same manner as is provided by law in school districts in this State. Vacancies in school board, how filled. Qualified voters SEC. 70. In case of a vacancy of the office of a member of said board the same shall be filled by appointment, by a majority of said board, of a person from the ward in which such vacancy exists, which appointment shall be until the next annual election and until his successor is elected and qualified. SEC. 71. Every person of the age of twenty-one years who shall at schoool meet- have property liable to assessment for school taxes in said district, school officers. Ballot box. and shall have paid taxes thereon for the preceding year and shall have resided in any ward in said district three months next preceding such election, shall be a qualified voter in said ward at such meeting or election upon all questions pertaining to the public schools that may be submitted; and all other persons who are twenty-one years of age and are the parents or legal guardians of any children included in the school census of the district for the preceding year and who have for three months as aforesaid been residents of such ward shall be entitled to vote at such meeting or election for the election of school officers and on all questions which do not directly involve the raising of money by tax or issuing bonds. No person not herein designated shall be qualified to vote at any school meeting or election of school Qualification of officers held in said city. Any qualified voter under the provisions of this section (and no other person) shall be eligible to election or appointment to any office in said district. The common council of said city shall provide a separate ballot box for each polling place in said city, to be used for the reception of all ballots that may be cast at any election of any school officer held under the provisions of this act; and all ballots cast for such offi- Form of ballot. cer shall be printed or written, or partly written and partly printed on paper separate from any other ballot and shall be deposited in said ballot-boxes by themselves, but shall be can- Canvassing vassed and the result declared in the same manner as other bal- ballots. lots are canvassed and declared, and all proceedings at such elections shall be had as near as may be as are had and provided by the general laws of this State for holding elections, except as herein changed. If any person offering to vote at any election Challenge. for school officer held in said district shall be challenged as unqualified by any legal voter in such district, the chairman presiding at such meeting, or election, shall declare to the person the qualifications of a voter under this act, and if such person shall state that he is qualified, and the challenge shall not be withdrawn, the said chairman shall tender to said person an oath in substance as follows: "You do solemnly swear (or affirm) that you are twenty-outh. one years of age, that you have been for the last three months an actual resident of this school district, and that you have property liable to school tax and that same was assessed to you on one of the last assessment rolls of said district;" and every person taking such oath shall be permitted to vote at any election or school meeting upon all questions pertaining to school matters. Or said person may take the following oath, to-wit: "You do swear (or Idem. affirm) that you have been for the last three months an actual resident of this school district and the ward in which you now reside and offer to vote, and that you are the parent or legal guardian of one or more children now included in the school census of this district," and said person at any election for school officers to be elected according to the provisions of this act, and at any meeting, upon all questions which do not directly involve the raising of money by tax or by issuing of bonds. If any person so challenged shall refuse to take such oath his vote shall be rejected, and any False oath person who shall wilfully take a false oath or make a false affirma- jury. tion under the provisions of this section shall be deemed to be guilty of perjury. When any question is taken in any other man- Challenge on ner than by ballot a challenge immediately after the vote has been ballot. taken shall be deemed to be made when offering to vote and treated in the same manner. deemed per vote other than board of educa SEC. 72. No member of the board of education shall be directly No member of or indirectly interested in any contract as principal, surety, or tion to be interotherwise, the expenses or consideration whereof are to be paid ested, etc. under any act or ordinance of said board of education, nor be surety or bondsman on any contract or bond given to said city or board This act is ordered to take immediate effect. Territory incorporated. Boundaries of first ward. Second. Third. Fourth. Elective city, officers. Ward officers. Appointed officers. Council to designate police justice. Term, power and duties of police justice. Proviso, [No. 354.] AN ACT to incorporate the city of Midland. SECTION 1. The People of the State of Michigan enact, Thatthe following described territory, to wit: Entire section sixteen [16] and entire section seventeen [17], the north half [4] of section twenty [20] and twenty-one [21], the north half [4] of the southeast quarter [4] and all that part of the northeast quarter [1] of southwest quarter of section twenty-one (21] lying east of the Tittabawassee river, township fourteen [14] north, of range two [2] east in Midland county, Michigan, according to the original government survey, be incorporated into, and the same is hereby made, constituted and organized into a city to be known by the name of the city of Midland. SEC. 2. The city shall be divided into four wards. The first ward shall include all that portion of the city lying between the Tittabawassee river and south of the east and west eight line of the south half of section sixteen and easterly of George street. The second ward to include all that portion of the territory of said city not included in the first ward lying easterly of the following line: Commencing on the river on the easterly line of Fitzhugh street, running thence northeasterly along the said easterly line of Fitzhugh street to where it intersects with the east and west quarter line of said section sixteen, thence east on said quarter line to the north and south quarter line of said section sixteen, thence north to the northern boundary of said village. The third ward shall include all of the remaining territory of said village lying north of the Tittabawassee river and west of the said westerly boundary line of said ward two. The fourth ward shall include all territory south of said Tittabawassee river. SEC. 3. The following city officers, viz.: a mayor, city clerk, city treasurer, three school inspectors and two justices of the peace shall be elected by the qualified voters of the whole city. SEC. 4. In each ward a supervisor, two aldermen and a constable shall be elected. SEC. 5. The following officers shall be appointed by the council, viz.: a marshal, who shall be ex-officio city collector, a street commissioner, a city attorney, a city surveyor, a chief of the fire department. SEC. 6. The council shall also, at the time for making the annual appointment of the city officers, designate the justice of the peace of said city who shall be termed police justice, and such designation shall hold for one year unless sooner revoked by the council. Such police justice shall have exclusive jurisdiction to hear, try and determine all actions and prosecutions for the recovery and enforcement of fines, penalties and forfeitures imposed by the ordinances of the city and to punish offenders for the violation of snch ordinances as in the ordinances prescribed and directed: Provided, That in case of the sickness, absence from the city, or inability of said police justice to hear and determine any cause, then any justice of said city may hear -and determine the same: And provided further, Said police jus- Further manner of SEC. 7. The justices of the peace elected at the first city Term of justices election shall hold their offices one for a term of two years and of the peace and one for a term of four years. The time for which each shall be election. elected shall be designated upon the ballots cast for him. After the first election one justice of the peace shall be elected every two years for the term of four years. SEC. 8. The police justice of the city shall receive such salary Salary of as the city council shall prescribe, and all fines, penalties and police Justice. costs by him levied and collected shall be turned over to the city treasurer and his receipt therefor filed with the city clerk. board SEC. 9. The mayor, city attorney and the supervisor of each Members of the ward, shall in addition to their other duties and powers be ex-offi-visorsex. cio members of the board of supervisors of Midland county and shall each have all of the rights, privileges and powers of the several members of such board of supervisors. Collecting and SEC. 10. For the purpose of assessing and levying taxes in the Assessment city each ward shall be considered the same as a township for the of taxes. purpose of equalizing the several rolls of said city for the board of review, and for equalizing the same as to county and State Equalizing taxes by the board of supervisors, and for collecting taxes and taxes. returning property for the non-payment thereof, the whole city return of unshall be regarded as a township, and the city collector shall perform the same duties and have the same powers as a township treasurer, so far as may be necessary to perform faithfully his duties as such collector. paid taxes. SEC. 11. The said city of Midland shall in all things not herein Governed by otherwise provided be governed by and its powers and duties general law. defined and limited by an act entitled "An act for the incorporation of cities," being act number one hundred and seventy-eight of the session laws of eighteen hundred and seventy-three, approved April twenty-nine, eighteen hundred and seventythree, which act is hereby made and constituted a part of the charter of said city of Midland except as herein otherwise provided: Provided, That the mayor, aldermen and chief of the fire Proviso as to department of said city shall serve without compensation: And certain officers. provided, That the sum raised for general tax for city purposes Pro (exclusive of the sums raised for school and school purposes) shall not in any one year exceed one per cent on the assessed value of all the real and personal property in said city made taxable by law: And provided further, That chapter twenty-eight of said Further proviso act, relating to education and the powers and duties of a board distric of education, shall not be applicable to the city of Midland, and that school districts numbers three and six of the township of Midland and the present limits theroef shall be in no way affected by this act, but the same and each of them shall continue as here compensation of Proviso as to as to school 78 Section amended. Vacancies, how filled. Proviso. Territory reincorporated. LOCAL ACTS, 1887. -Nos. 355-356. tofore subject to and governed by the general statutes of this [No. 355.] AN ACT to amend section twelve of act number two hundred and sixty-six of the session laws of eighteen hundred and sixtyseven, entitled "An act to revise the charter of the village of Hudson," and all subsequent amendments of said section. SECTION 1. The People of the State of Michigan enact, That section twelve of act number two hundred and sixty-six of the session laws of eighteen hundred and sixty-seven, entitled "An act to revise the charter of the village of Hudson," and all subsequent amendments of said section, be and the same is hereby amended so as to read as follows: SEC. 12. Vacancies in any office shall be filled by appointment by the council within twenty days after such vacancy shall occur: Provided, That the term of office of any trustee so appointed. shall terminate at the ensuing annual village election. This act is ordered to take immediate effect. Approved February 22, 1887. [No. 356.] AN ACT to re-incorporate the village of Ithaca, county of Gratiot. SECTION 1. The People of the State of Michigan enact, That all those certain pieces or parcels of land situated and being in the township of Ithaca in the county of Gratiot and State of Michigan and described as follows, to-wit: The northwest fractional quarter of section six in township ten north of range two west; and also the southwest quarter and the west half of the southeast quarter of section thirty-one in township eleven north of range two west; also the northeast quarter and east two-thirds of the northwest quarter of section one in township ten north of range three west; and the southeast quarter of section thirty-six in township eleven north of range three west, be and the same is hereby constituted a village corporate by the name of the village of Ithaca. |