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thereupon they shall, by resolution, fix and determine the district or portion of the city or village benefited, and specify the amount to be assessed upon the owners or occupants of the taxable real estate therein. The amount of the benefit thus ascertained shall be assessed upon the owners or occupants of such taxable real estate, in proportion, as nearly as may, to the advantage which such lot, parcel, or subdivision is deemed to acquire by the improvement. The assessment shall be made and the amount levied and collected Making and in the same manner and by the same officers and proceedings, as assessment. near as may be, as is provided in the charter of the municipality for assessing, levying, and collecting the expense of a public improvement when a street is graded. The assessment roll containing said When assoss
1 mont roll to bo assessments, when ratified and confirmed by the common council, final. To shall be final and conclusive, and prima facie evidence of the regularity and legality of all proceedings prior thereto, and the assessment therein contained shall be and continue a lien on the premises on which the same is made, until payment thereof. Whatever Assessment for amount or portion of such awarded compensation shall not be raised w in the manner herein provided shall be assessed, levied, and collected inbefore proupon the taxable real estate of the municipality, the same as other general taxes are assessed and collected in such city or village. At City, etc., may any sale which takes place of the assessed premises or any portion chaser at thereof, delinquent for non-payment of the amount assessed and tax sale. levied thereon, the city or village may become a purchaser at the sale.
SEC. 16. Within one year after the confirmation of the verdict of Provision for the jury, or after the judgment of confirmation shall on appeal be compensation. affirmed, the common council, or board of trustees, shall set apart and cause to be provided in the treasury the amount required to make compensation to the owners and persons interested, for the private property taken, as awarded by the jury; and shall, in the resolution setting apart and providing said sum, direct the city or village treasurer to pay to the persons respectively entitled to the money so set apart and provided, to each his or her proportion, as ascertained and awarded by said verdict. And it shall be the duty Treasurer to of the treasurer to securely hold such money in the treasury for 50 the purpose of paying for the property taken and pay the same to the persons entitled thereto, according to the verdict of the jury, . on demand, and not pay out the inoney for any other purpose whatever. The common council or board of trustees may provide the Council, etc., .necessary amount by borrowing from any other money or fund in money. the treasury, and repay the same from money raised to pay the compensation awarded by the jury, when collected, or otherwise, as they may provide. Whenever the necessary sum is actually in the Duty of treasury for such purpose the treasurer shall make and sign dupli- "rea cate certificates, verified by his oath, showing that the amount of compensation awarded by the jury is actually in the treasury for payment of the private property taken in the case, giving the title of the case; he shall cause one of the certificates to be filed in the office of the clerk of the court in which the proceedings were had, and the other to be filed with the city clerk; which certificates
amount to mako
or trustees may take possession,
Writs of assistance.
shall be prima facie evidence of the matters therein stated. WhenWhen council ever the amount of such compensation is in the treasury and thus
secured to be paid, the common council or board of trustees may enter upon and take possession of and use such private property for the purpose for which it was taken, and may remove all buildings, fences, and other obstructions therefrom. In case of resistance or refusal on the part of any one to the common council or board of trustees, or their agents and servants entering upon and taking possession of such private property, for the use and purpose for which it was taken, at any time after the amount of the compensation aforesaid is actually in the treasury, ready to be paid to those entitled thereto, the common council or board of trustees, by the city or village attorney, may apply to the court, and shall be entitled, on making a sufficient showing, to a writ of assistance to
put them in possession of the property. Compensation of SEC. 17. Officers, jurors, and witnesses in any proceedings under
this act shall be entitled to receive from the city or village instituting the proceedings, the same fees and compensation as are provided by law for similar services in an ordinary action at law in the circuit courts of this State.
Sec. 18. The practice and proceedings of the recorder's court of recorder's court
the city of Detroit under this act, relating to the summoning and excusing of jurors and talesmen and to imposing penalties upon them for non-attendance, shall be the same as the practice and proceedings of said court relative to petit jurors for the trial of criminal cases, but no peremptory challenges shall be allowed.
SEC. 13. All the expenses and costs of the proceedings to take and use private property under this act, incurred by the munici
pality, shall be paid out of the general fund. And it shall be Attorney fee. lawful for the judge in any case to order the payment by the city
or village, to any respondent, of such a reasonable attorney fee as he may deem just, which may be taxed with the costs.
SEC. 20. The cities and villages of this state, authorized to take or hold land or property outside of their corporate limits for obtaining and securing a supply of water to the municipality, or for any other public purpose, may take private property therefor, provided
it is for the use or benefit of the public. The proceedings in all Proceedings. · such cases shall comply, as near as may be, to the proceedings
prescribed by this act, but shall be instituted in the circuit court of the county where the property is situated, and the jury shall be
composed of twelve freeholders of the county, and shall be empanEmpaneling eled as follows: The sheriff, under-sheriff, or a deputy sheriff of the a jury.
county shall make a list of twenty-four freeholders residing in the vicinity of the property, and the city attorney and the respondents, collectively, shall each have the right to strike six names from said list, and the twelve persons left thereon shall compose the jury, and shall be summoned to attend by a venire issued by the clerk of said court, and to be served by one of said sheriffs. If the respondents neglect or refuse to strike sis names from said list, it shall be done by the circuit judge, and in case any of the persons so summoned shall not attend, or shall be excused for cause or other
Costs and expenses.
Property may be taken to secure water supply.
wise, talesman (talesmen] possessing the necessary qualifications shall be summoned by one of said officers.
SEC. 21. The common council or board of trustees shall not have Motions for power to discontinue proceedings under this act after the rendition appeal, etc. of the verdict of the jury, but they may direct the city or village attorney to move for a new trial, or to arrest the proceedings, or to take an appeal to the supreme court, and in any such case the same proceedings shall be taken as are herein before prescribed in the case of like proceedings on the part of any respondent, except that no bond shall be required, nor shall the municipality be required to pay the clerk of the recorder's or superior court fees.
SEC. 22. It shall be prima facie evidence as to who are owners Evidence of of and persons interested in any property proposed to be taken in property the proceedings instituted under this act, if the register or deputy register of deeds of the county shall testify in open court that he has examined the records and titles in his office, and states who such records show are the owners of and persons interested in such property, and the nature and extent of such ownership and interest; and an abstract of the title of such property, or of any parcel or parcels thereof, certified by the register or deputy register of deeds, shall also be prima facie evidence as to ownership, and persons having an interest in any such property, and the extent and nature of such interest. .
SEC. 23. In case there is on the private property taken a building Sale of build. or other structure, the same shall be sold by or under direction inge eta of the common council or board of trustees; the amount produced by the sale shall belong and be paid to the fund for paying the compensation awarded for the property taken, and the common council or board of trustees shall cause such amount to be credited and applied in reduction pro rata of the assessment and apportionment made to pay for the property taken.
SEC. 24. Cities and villages now authorized under existing acts Cities and vil. of incorporation, or other special acts, to take private property for le public uses, may severally proceed, under the provisions of their charter. respective local charters, or other special acts, or under the provisions of this act; and this act shall not be construed as in any way affecting or impairing the provisions of such local charters or special acts on the subject of taking private property for public use.
SEC. 25. Act number twenty-six of the public acts of eighteen Act repealed. hundred and eighty-two, approved March fifteenth, eighteen hundred and eighty-two, is hereby repealed; but nevertheless proceedings begun and undetermined under said act, or any previous act, shall not be affected by such repeal, but may be completed in all respects, and shall be as binding as if this act had not been passed.
This act is ordered to take immediate effect.
lages may proceed under
the pavigation of Indian
[ No. 125. ] AN ACT to authorize the board of control of State swamp lands
to make an appropriation of State swamp lands, equal in value to two thousand dollars, or so much thereof as may be necessary to remove a sand bar located in Indian river, in Cheboygan county, and thereby improve the inland navigation route, which extends from Cheboygan to the head of Crooked lake, in Cheboygan and
Emmet counties. Appropriation SECTION 1. The People of the State of Michigan enact, That of State swamp land to improve the board of control of State swamp lands are hereby authorized
and empowered, if by them deemed expedient, to appropriate five river, etc. sections of the fifteen sections of State swamp land heretofore
appropriated to aid in improvement of Black river, in Cheboygan county, by act number one hundred and thirty-seven, of the session laws of eighteen hundred and seventy-nine, approved May thirty-first, eighteen hundred and seventy-nine, to improve the navigation of Indian river, between Burt and Mullet lakes, in said Cheboygan county: Provided, That said expenditure shall be made in pursuance of the provisions of law relative to the improvement of navigable routes of transportation and passenger traffic, under the supervision of the State swamp land commissioner and said board of control.
Approved May 31, 1883.
[ No. 126. ] AN ACT to amend and revise chapter eighty-seven, of the revised
statutes of eighteen hundred and forty-six, entitled “masters, apprentices, and servants,” being chapter one hundred and seventy-three, of the compiled laws of eighteen hundred and seventy-one, and acts amendatory thereof.
SECTION 1. The People of the State of Michigan enact, That chapter eighty-seven, of the revised statutes of eighteen hundred and forty-six, entitled “masters, apprentices, and servants," being chapter one hundred and seventy-three, of the compiled laws of eighteen hundred and seventy-one, as amended by acts amendatory thereof, be amended and revised so as to read as follows:
(4857.) SECTION 1. Every male infant, and every unmarried female under the age of eighteen years, with the consent of the persons or officers hereinafter mentioned, may of his or her own free will bind himself or herself, in writing, to serve as clerk, apprentice or servant, in any profession, trade, or employment, if a male, until the age of twenty-one years, and if a female, until the age of eighteen years, or until her marriage within that age, or for any shorter time; and such binding shall be as valid and effectual, as if such infant was of full age at the time of making such engagement.
sent shall be given,
tendents of poor may bind out
(4858.) SEC. 2. Such consent shall be given : .
First, By the father of the infant. If he be dead, or be not in By whom conlegal capacity to give his consent, or if he shall have abandoned and neglected to provide for his family, and such fact be certified by a justice of the peace of the township, and indorsed on the indenture; then,
Second, By the mother. If the mother be dead, or be not in a legal capacity to give such consent, or refuse; then,
Third, By the guardian of such infant duly appointed. If such infant have no parent living, or none in a legal capacity to give consent, and there be no guardian ; then,
Fourth, By any two justices of the peace of the township where such infant shall reside;
Fifth, By the recorder of any city in the county, or by the circuit or probate judge of such county.
(4859.) SEC. 3. Such consent shall be signified by the person or How consent to officers entitled to give the same, by writing at the end of, or be signified. endorsed upon each part of the indentures, signed by such person or officers, and not otherwise.
(4860.) SEC. 4. No minor shall be bound as aforesaid, unless by Indentures, indentures in two parts, sealed and delivered by both parties.
(4861.) SEC. 5. The county superintendents of the poor in the When superin. several counties may bind out any child under the ages above spec- tema ified, who shall be sent to any county poor-house, or who is or shall children. become chargeable in whole or in part to such county, or whose parent or parents shall become chargeable, in whole or in part, as aforesaid, to be clerks, apprentices, or servants, until such child, if a male, shall be twenty-one years old, and if a female, shall be eighteen years old, or until her marriage within that age, which binding shall be as effectual as if such child had bound himself or herself with the consent of his or her father.
(4862.) SEC. 6. The age of every infant bound pursuant to the Age of child to provisions of this chapter shall be inserted in the indentures, and in shall be taken to be the true age, without further proof thereof; and whenever any public officers are authorized to execute any indenture, or their consent is required to the validity of the same, it shall be their duty to inform themselves fully of the infant's age.
(4863.) SEC. 7. The counterpart of any indentures, executed by Counterpart, the county superintendents of the poor, shall be by them deposited in the office of the clerk of the county; and provision shall be visious to be made, in every such indenture, for proper and suitable education for such minor, and for such other instruction, benefit, and allowance as such superintendents may think reasonable.
(4864.) SEC. 8. All considerations of money, or other things paid Consideration or allowed by the master, upon any indenture of apprenticeship or to be for use of service made in pursuance of this chapter, shall be paid or secured minor. to the sole use of the minor bound thereby.
(4865.) SEC. 9. Parents, guardians, and superintendents of the Parents, etc., poor shall inquire into the treatment of all children bound by them to inquire into respectively, or with their approbation, and of all who shall be children. bound by their predecessors in office, and defend them from all
be inserted in indentures.
where to be deposited; pro