Contract not to exceed ap incident to the same and authorized by this act, to twelve hundred thousand dollars, but not including the amount required and appropriated for the construction of the building for the temporary State offices. Sec. 12. The Board may make and enter into a contract for propriation. the erection and construction of said new Capitol, but no contract shall be made or entered into which shall involve a larger expenditure of money for any one year than the amount appropriated for such year in section seven, or which shall involve or require a greater total expenditure than the above-named sum of twelve hundred thousand dollars: Provided, The Proviso rel- Board shall use Michigan materials in said building so far as it can be done consistent with the best interests of the State. All contracts entered into in violation of the provisions of this act shall be absolutely null and void. ative to material. Certain contracts void. How contracts shall be let. Bids advertised for. Sec. 13. All contracts provided for by this act, requiring an expenditure of more than five hundred dollars, shall be let to the lowest responsible bidder or bidders; all bids or proposals to be obtained by advertising therefor by said Board in one weekly paper in the city of Lansing, two daily papers in the city of Detroit, and in such other papers as the Board may deem necessary, for a period not less than thirty nor more than sixty days. The advertisement thus provided for to specify the time and place where the bids or proposals made in pursuance thereof shall be opened. All bids or proposals thus accompanied made shall be sealed, and shall not be opened at any other time or place than that designated in the advertisement. Every bidder shall accompany his bid with such sufficient security as the Commissioners shall require, conditioned that in case the contract shall be awarded to him he will enter into a contract in accordance with his proposals. All or any bids or proposals received by said Board may be by them rejected, and, whether accepted or rejected, shall, after decision thereon by said Board, be deposited in the office of the Secretary of State. Bids to be sealed and with securi ty. Where deposited. Sec. 14. In letting contracts, said Board shall not obligate payment. the State to pay to any contractor any money other than that Terms of to which such contractor may be justly entitled by reason of labor or materials already furnished and supplied, and in no event shall more than ninety per cent of the amount called for in any contract be paid to the contractor named therein before the completion of his contract and its acceptance by said Board: Provided, That every contractor performing service or Proviso. work, or furnishing materials, under this act, shall enter into such bonds, with sureties for the proper performance of his contract, as shall be required by the Board of Commissioners. meet appro Sec. 17. For the purpose of raising the several sums men- Provision to tioned in section seven, the Auditor General shall add to and priation. incorporate with the State tax for the year one thousand eight hundred and seventy-one, the sum of one hundred thousand dollars; and he shall also add to and incorporate with the State tax for each of the years eighteen hundred and seventy-two, eighteen hundred and seventy-three, eighteen hundred and seventy-four, and eighteen hundred and seventy-five, the sum of two hundred thousand dollars; and he shall also add to and incorporate with the State tax for the year eighteen hundred and seventy-six, the sum of three hundred thousand dollars, which sums when collected shall be placed to the credit of the State building fund, and be expended, or so much thereof as may be necessary, for the purposes and in the manner specified in this act. Sec. 2. This act shall take immediate effect. Section amended Powers of council streets, pub * etc. when pri erty is taken [No. 5.] AN ACT to amend section nineteen of " An act to incorporate the village of Decatur," approved March sixteen, in the year of our Lord eighteen hundred and sixty-one. SECTION 1. The People of the State of Michigan enact, That section nineteen (19) of an act entitled "An act to incorporate the village of Decatur," approved March sixteen, in the year of our Lord eighteen hundred and sixty-one, be and the same is hereby amended so that said section as amended shall read as follows: Sec. 19. The common council of the village of Decatur shall relative to have full power to lay out, establish, open, extend, widen, lic grounds, straighten, alter, close, fill in, grade, gravel, pave, plank, any highways, streets, avenues, lanes, alleys, public grounds, or public spaces in said village, whenever they shall deem it a necessary public improvement or public convenience, and private property may be taken therefor; and if, in the doing Proceedings thereof, the property or lands of any person or persons shall vate prop be required for such purpose, the common council shall so declare by resolution, stating therein a description of the lands or premises required, with particularity sufficient for an ordinary conveyance thereof, and the purpose for which the same are to be used, and that the common council will meet on some day to be named in the resolution to take action in regard to the matter; and notice of such meeting, and that such lands or premises are required for the purpose aforesaid, shall be given to the owner or parties interested, or his or their agents or representatives, by personal service of a copy of such resolution, or by posting written notices of such meeting in at least four public places in said village, at least ten days before the time of meeting, and by three weekly publications of a copy of such resolution in a newspaper published in said village, and in case there is no newspaper published in said village, then in one of the newspapers published in the county of Van Buren, at least three weeks previous to the time appointed ants cannot tive to in proviso. in said resolution for the meeting of the common council. And When claimin case any of the said claimants or owners cannot be found be found. after using due diligence for that purpose, and they have no known place of residence within this State, the commissioners shall, in such cases, cause such notice to be published for four successive weeks in one paper published at Detroit, and a like period in one paper published within the county where such lands are situate, should one be published therein, and in case the residence of such claimants, if without the State, can be ascertained, a copy of said notice shall be mailed to them, postage prepaid: Provided however, That if such owner or claimant Proviso relais an infant or a person of unsound mind, such notice shall be fants, etc. served upon his or her guardian, if found within this State, and if not, then by publication as above provided: And pro- Further vided further, That if such infant or person of unsound mind has no guardian, then said commissioners may make application, by petition, to the circuit court in chancery for said county, or to the probate judge of said county, for the appointment of a guardian, and said court or judge shall, upon such application, appoint a special guardian. And the common Council may council is hereby authorized to negotiate with the person or with claimpersons interested in or owning such lands or premises for the same, and to pay therefor such reasonable sum as may be agreed upon; but if such person or persons shall refuse to negotiate for such premises, or if, for any other cause, there shall not be any not be made. agreement or bargain between the parties therefor, it shall be lawful for the common council, at the time of the meeting appointed in such resolution, to direct the village recorder to issue a precept under his hand and the seal of said village, in the nature of a venire facias, directed to the marshal or any constable in said village of Decatur, commanding him to summons a jury of twelve disinterested freeholders of said village, to appear before some designated justice of the peace of said village, at a time and place therein to be stated, to inquire into and assess the damage and recompense due to the owner or owners of, or negotiate ants. When agreement can parties interested in such grounds or premises; "and in the empaneling of said jury, the right of challenge, enforcement of attendance, and the summoning of talesmen is hereby conferred, as is provided by general law in this State for justice courts in civil cases, except that no more than two peremptory challenges shall be permitted to the corporation, and a like number to the individual, or individuals collectively, whose property is sought to be taken; and the challenge to the array shall be in writing, and shall specify the cause;" which jury, being duly sworn by said justice faithfully and impartially to inquire into and award the damages in question, and having viewed the premises, if necessary, shall inquire of and award such damages and recompense as they shall deem fit to be awarded to the owner or owners of, or parties interested in, such grounds or premises, for their respective damages or losses, according to their several interests and estates therein; and the said justice shall, upon the return of such assessment, enter judgment confirming the same; and the sum or sums so awarded, together with his or their costs, shall be paid or tendered to the party or persons entitled thereto, if residing in said village; and if not residing therein, to be paid into the village treasury for the use of such party, person, or claimant, before such street, lane, alley, highway, avenue, or public grounds shall be made, opened, established, altered, straightWhen dam- ened, or widened. But if the jury find that the claimant is not entitled to any damages, then it shall be competent for may be re- such justice to render judgment against such claimant for ages are not awarded, claimant quired to pay costs. costs, and issue execution therefor; and in either case it shall thereupon be lawful for the common council to cause the same grounds or premises to be converted to and for the use and Proviso rela- purposes aforesaid: Provided, The party claiming damages peal. may have the right to remove such proceedings, by appeal to the circuit court for the county of Van Buren, upon giving notice of his or their intention so to do, to said justice, in writing, within ten days, or in case of the absence of said tive to ap 10 |