taxes.

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 bers of the board of su- the board of supervisors of the county of Branch, and shall be pervisors.

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 roll.

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.

Sec. 27. Any justice of the peace of said city is hereby au. justices.

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

Powers of

shall lawfully require. In all prosecutions for a violation of Prosecu

tions, how any of the by-laws or ordinances passed by the said common couducted. 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 gov ds and commit him to the common• jail of said county, and the sheriff shall sa'ely 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 Us of com shall be lawful to use the common jail of said county for the grantod.

for want of

chattels.

a

Proviso

• Proviso.

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.
Escapes Sec. 28. Whenever any person charged with having violated
from county

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 jus-
tice 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. " Bight of

Sec. 29. In all trials before any justice of the peace, under trial by jury

the provisions of this act, of any person charged with any vio-
lation 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 conrt 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 in to

as witness.

oath of,

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, 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

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 defend. ants, 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 muy provide by ordidance for the collection of the same: Provided, That such poll

Proviso 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

1

Assessment thority to levy and collect taxes on all real and personal prop-
tion of taxis, 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 aụthorized 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 ordi-
nances 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, Tases 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 respec-
tively 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 farm-
ing purposes, and not laid out into city lots, shall be assessed

as farm lands, at their cash value.
Duty of 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

Prori o

clerk.