Imagens das páginas


bers of the


wards, that the supervisors of townships, under the general laws of this State, are required to perform in relation to the Levying of assessing of property, and levying taxes for State, county and school purposes; and they shall also issue their warrant to the collector of said city for the collection of such taxes, in the same manner as the supervisors of townships issue warrants to the treasurers of townships for the collection thereof, and for such services they shall receive the same fees as supervisors To be mem are entitled to; they shall also represent their several wards in board of su- the board of supervisors of the county of Branch, and shall be entitled to all the rights, privileges and powers of the members of said board of supervisors. For the purpose of assessing all property equally in the whole city, the said supervisors shall meet jointly at the office of the clerk of said city, at the time required by the statute, for the purpose of reviewing, equalizing and completing their assessments and assessment rolls for each Assessment of the several wards. When such assessment rolls shall be completed, they shall be delivered to the said clerk, who shall immediately proceed to make therefrom a full and complete condensed copy of such assessment rolls, for the use of the common council, which, when certified by them, shall be deemed the city assessment roll for that year. When such copy shall be completed, and within fifteen days after receiving the same, the said clerk shall re-deliver said rolls to the respective supervisors of each ward, to be used for State, county and school purposes.


Powers of justices.

Sec. 27. Any justice of the peace of said city is hereby au. thorized and empowered to inquire of, hear, try and determine, in a summary manner, all the offences which shall be committed within the limits of said city, against any of the by-laws or ordinances which shall be made by the common council in pursuance of the powers granted by this act; to punish the offenders as by the said laws or ordinances shall be prescribed or directed; to award all processes, and take recognizances for the keeping of the peace, for the appearance of the person charged, and upon appeal, and to commit to prison, as occasion

shall lawfully require. In all prosecutions for a violation of Prosecutions, how any of the by-laws or ordinances passed by the said common conducted. council, upon complaint being made upon oath before said justice, setting forth therein the substance of the offence complained of, such justice of the peace shall issue a warrant in the name of the people of the State of Michigan, for the apprehension of the offender, directed to the marshal of the city of Coldwater, or any constable of the county of Branch (except in the case mentioned in the next succeeding section); and such process may be executed by any of said officers anywhere within the county of Branch, and shall be returnable the same as other similar process issued by justices of the peace; that upon bringing the person so charged before said justice of the peace, he shall plead to said complaint, and in case of his refusing to plead thereto, or standing mute, the said justice of the peace shall enter the plea of not guilty for the person so charged; that upon the said complaint and plea a trial shall be had, and upon conviction of said offender, and the imposition of a fine, it shall be the duty of the justice to issue an execution, directed to the marshal of said city, or any constable of said county, commanding him to collect, of the goods and chattels of the person so offending, the amount of such fines, with interest and costs; and for the want of goods and chattels wherewith to Body liable satisfy the same, that he take the body of the defendant and goods and commit him to the common jail of said county, and the sheriff shall safely keep the body of the person so committed until he be discharged by due course of law; and in case where imprisonment alone shall be imposed upon the person so convicted, the said justice shall issue a commitment, directed as aforesaid, commanding his commitment until the expiration of the time for which he shall be sentenced to imprisonment, or until he be discharged by due course of law; and in cases where both fine and imprisonment are imposed upon the person so convicted by the judgment of such justice of the peace, he shall issue the necessary process to carry such judgment into effect, and it Use of comshall be lawful to use the common jail of said county for the granted.

for want of


mon jail




from county

Right of trial by jury

imprisonment of all persons liable to imprisonment under the by-laws and ordinances of the common council; and all persons committed by any justice for the violation thereof, shall be in the custody of the sheriff of said county, who shall safely keep the persons committed until lawfully discharged, as in other cases: Provided, That the common council may remit any such fine, in whole or in part, if it shall be made to appear that the person so imprisoned is unable to pay the same: Provided further, That all costs and expenses incurred under the provisions of this section, shall be provided for and paid out of the city treasury.

Sec. 28. Whenever any person charged with having violated any of the ordinances of the common council, by which the offender is liable to imprisonment, shall have escaped from the county, or shall reside or be without the limits thereof, any justice of the peace residing in said city, to whom complaint shall be made, shall issue a warrant in the name of the people of the State, directed to the sheriff of any county in this State, commanding him forthwith to bring the body of such person before him, to be dealt with according to law; and every sheriff to whom said warrant shall be delivered for service is hereby required to execute the same, under the penalties which are incurred by law by sheriffs and other officers for neglecting or refusing to execute criminal process.

Sec. 29. In all trials before any justice of the peace, under the provisions of this act, of any person charged with any violation of any by-law or ordinance of the common council, he shall be entitled to a trial by a jury of six persons; and all the proceedings for selecting and summoning such jury, and in the trial of the cause, shall be in conformity, as near as may be, with the mode of proceedings in similar cases before justices of the peace; and in all cases the right of appeal and certiorari from the justices court to the circuit court for said county of Branch, shall be allowed to the parties, and the same recog nizances shall be given as is or may be required by law in appeals from justices courts in similar cases.

paid into

Sec. 30. All fines recovered for a violation of any by-law or Fines to be ordinance of said common council shall be paid to the treasurer treasury. of said city, by the officer receiving the same, immediately after the receipt thereof; and any person who shall refuse or neglect to pay the same as aforesaid, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a Penalty for neglect. fine of not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment in the county jail not less than three months, nor more than one year, or by both such fine and imprisonment, in the discretion of the court.

Sec. 31. In all suits or proceedings in which the corporation Citizens not incompetent of the city of Coldwater shall be a party, or shall be interested, as witness. no inhabitant of said city shall be deemed incompetent as a witness or juror on account of his interest in the event of such suit or action: Provided, Such interest be such only as he has Proviso. in common with the inhabitants of said city

oath of

Sec. 32. The justices of the peace of said city shall file their Justices, oaths of office in the office of the clerk of the county of Branch, and shall have, in addition to the jurisdiction conferred by this act on them, the same jurisdiction, powers and duties conferred Powers. on justices of the peace in townships: Provided, That all ac- Proviso. tions within the jurisdiction of justices of the peace may be commenced and prosecuted in said justice's court, whenever the plaintiffs or defendants, or one of the plaintiffs or defendants, reside in the county of Branch.

Sec. 33. The common council shall have power to assess and Poll tax. collect from every white male inhabitant of said city, over the age of twenty-one years, (except paupers, idiots and lunatics,) a list of whom shall be made by the supervisors at the time of making their annual assessments, an annual capitation or poll tax, not exceeding one dollar, and they may provide by ordinance for the collection of the same: Provided, That such poll tax shall not be levied upon any person who is assessed for one hundred dollars of real or personal estate.

Sec. 34. The common council shall also have power and au


and collec

Assessment thority to levy and collect taxes on all real and personal proption of tax's. erty within the limits of said city, by them deemed necessary to defray the expenses thereof, or to carry into effect the powers herein conferred upon them, but not to exceed six-tenths of one per cent. on the valuation thereof, unless authorized by a vote of the tax payers, in the manner following: Whenever the common council shall deem it necessary to raise a greater sum, in any one year, they shall call a public meeting of the tax payers, other than those paying a poll tax, of said city, by giving at least two weeks notice thereof, such notice to be published in the newspapers printed in said city, which notice shall state the time and place of such meeting, and shall specify the objects and purposes for which the money proposed to be raised is to be expended; and when such meeting shall be assembled, in pursuance of such notice, such tax payers, by a viva voce vote, shall determine the amount of money which shall be raised for each object specified in the notice: Provided, That the entire amount of tax levied in any one year shall not exceed one per cent. upon the valuation of the real and personal estate taxable within the limits of said city, exclusive of the poll tax; and said common council shall also have power and authority to make and establish all necessary by-laws and ordinances for the collection of such taxes; and every assessment of tax lawfully imposed by the said common council, on any lands, tenements and hereditaments, or premises whatsoever, Taxes a lien. in said city, shall be and remain a lien on such lands, tenements and hereditaments, from the time of imposing such tax until paid; and the owner or occupant, or parties interested respectively in said real estate, shall be liable, on demand, to pay every such tax to be levied as aforesaid: Provided, Thall all parcels of land of ten acres or more, used exclusively for farming purposes, and not laid out into city lots, shall be assessed as farm lands, at their cash value.

Provi o.

Duty of clerk.

Sec. 35. It shall be the duty of the clerk, under the direction of the common council, whenever the city assessment roll shall have been completed, in each and every year, to assess the


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