Becretary

to certify

the date of

the end of former sessions.

of the present and future ɛessions.

[ No. 119. ]

AN ACT to provide for publishing the time when the sessions of the Legislature heretofore have ended, and hereafter shall end.

SECTION 1. The People of the State of Michigan enact, That it shall be and hereby is made the duty of the Secretary of State to make his certificate, stating the exact date of the end of each and every session of each and every Legislature of this State, held since the year one thousand eight hundred and fifty, which certificate shall be printed and published with the laws of the present session of the Legislature.

Sec. 2. It shall be and hereby is made the duty of the Secre tary of State to make his certificate of the date of the end of the session of the Legislature now in session, and of each and every session of the present or any succeeding Legislature, hereafter to be held, which certificate shall be printed and published with the laws of the session of the Legislature to which it refers, which certificates, and each of them so published, as aforesaid, shall be received as prima facie evidence of the facts therein stated, in all the courts of this State.

Sec. 3. This act shall take immediate effect..
Approved March 17, 1863.

Bection amended.

Notice of

levy to be

register;

[ No. 120. ]

AN ACT to amend an act entitled "an act relative to levies of executions on real estate," approved January seventeenth, one thousand eight hundred and sixty-two.

SECTION 1. The People of the State of Michigan enact, That seotion one of an act entitled "an act relative to levies of execu tions on real estate," approved January seventeenth, eighteen hundred and sixty-two, be amended so as to read as follows:

SECTION 1. The People of the State of Michigan enact, That no filed with levy, by execution, on real estate, made after this act shall take effect as a law, shall be valid against bona fide conveyances made subsequent to such levy, unless a notice thereof, contain

contents

thereof.

ister.

ing the name of the parties to the execution, a description of the premises levied upon, and the date of such levy, shall be filed by the officer making the same, in the office of the register of deeds of the county where the premises are situated, within three days after such levy shall be made; and in case such notice shall not be filed as aforesaid, then such levy shall be a lien thereon only from the time when such notice shall be so deposited; and such register shall thereupon enter on such Duty of reg notice a minute of the time of receiving the same, and shall record the same in a book to be kept for that purpose, and to make an index to such record, in such manner as shall be convenient for public reference, of the names of the parties to the execution, as stated in said notice, and such officer shall receive, Feo. for making and filing the notice as aforesaid, the sum of fifty cents, and such register of deeds shall receive, for recording the same, the same fees as are allowed by law for recording notices of the pendency of suits in chancery, which fees the said officer shall add to the costs to be collected by such execution, and shall in like manner collect the same; and whenever any such Certificate execution shall be fully paid, satisfied or discharged, it shall be tion. the duty of the clerk of the court that issued such execution to give to the defendant a certificate, under the seal of the court, that the same is satisfied or discharged, and such certificate may be recorded in the same manner as is provided for the recording of such notice.

Approved March 17, 1863.

of satisfac

Section amended.

Board to declare terri

[ No. 121. ]

AN ACT to amend sections eight, nineteen, twenty-one, twentytwo, thirty-three, forty two and forty-three, of an act entitled "an act to provide for the incorporation of villages," approved February seventeenth, eighteen hundred and fifty. seven, the same being chapter seventy-two of the compiled laws.

SECTION 1. The People of the State of Michigan enact, Section eight is hereby amended so as to read as follows:

Sec. 8. If such board, after hearing the parties, shall be sattory incor- isfied that all the requirements of this act in respect to such porated, and appoint application have been complied with, and that such territory

election.

in case of

contained the population required by this act, it shall make an order declaring that such territory shall be an incorporated village, by the name specified in such application, or by such other name as to such board shall seem proper; and such board shall, in such order, appoint three inspectors of elections, to hold the first election required by this act; said board shall also appoint Proceeding the time and place of holding such first election; but a neglect to hold such first election on the day so appointed shall not be tion on day deemed to work a dissolution of said corporation, but in such case the inspectors so appointed may fix any other time for holding such first election, public notice of the time and place thereof, pursuant to section nine of this act, being first given: Provided, That the time so fixed shall be within six months of the time first appointed.

failure to hold elec

appointed.

Vacancies, how filled.

Sec. 2. Section nineteen of said act is hereby amended so as to read as follows:

Sec. 19. Any vacancy occurring in any of the offices of said village provided by this act, whether by death, removal from office, resignation or otherwise, shall be filled for the unexpired term thereof by appointment, to be made by the president and trustees, and any vacancy in the number of trustees shall be filled in the same manner; and when said vacancies shall be so filled, the persons so appointed shall continue in office until their successors shall be elected and qualified, and the several officers of said village, provided by this act, other than the

from offices.

president and trustees, shall at all times be subject to the supervision and control of the president and trustees in the discharge of their official duties, and may be removed from office Removal by a vote of two-thirds of the board, consisting of the president and trustees, for any refusal or neglect to comply with their orders or directions, or any gross neglect in the discharge of their official duties; but such officers shall be entitled to have a specification of the charges against them which are made the ground for removal, and an opportunity to be heard in their defence, and the cause of any such removal shall, in all cases, be made a matter of record by them.

Sec. 3. Section twenty-one of said act is hereby amended so as to read as follows:

president

Sec. 21. It shall be the duty of the president to preside at Duties of all meetings of the electors and of the board of trustees, but in and clerk. case of his absence the said trustees may appoint one of their own number as president pro tem., and the clerk shall keep a fair and accurate record of the proceedings, and in the absence of the clerk, the said trustees may appoint some other suitable person to act as clerk pro tem., under the supervision and control of the trustees.

Sec. 4. Section twenty-two of said act is hereby amended so as to read as follows:

rato.

Sec. 22. The president and trustees of such village, when Body corpoorganized as hereinbefore provided, shall be a body corporate and politic, with perpetual succession, to be known by the name designated as aforesaid, and by that name shall be known in law, and shall be capable of suing and being sued, of pleading and being impleaded, in all courts and places, and may have a common seal, and may alter and change the same at pleasure, Comman and may purchase, hold and convey real and personal estate, for the use of such corporation; and a majority of said board Quorum. of trustees shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time.

Sec. 5. Section thirty-three of said act is hereby amended so as to read as follows:

seal.

Taxes to be

alien.

estate for

taxes.

sale.

Section 33. Every assessment of taxes lawfully imposed or levied by the president and trustees of such village on any lands, tenements or hereditaments within said village, shall be and remain a lien upon such lands, tenements or hereditaments, from the time of the delivery of the tax roll to the marshal until the same is paid; and the owner or occupant of such lands, tenements and hereditaments shall be liable, upon demand, to pay every such assessment or tax, and in default thereof it shall be lawful for the marshal of such village to levy upon and

Sale of real sell personal estate, and for want thereof the real estate so assessed, rendering the surplus, if any, after deducting the costs and charges of such sale, to the person against whom the tax is levied; but in case of lands, tenements or hereditaments owned by non-residents, no demand of payment of the taxes assessed thereon of such owner shall be necessary, prior to a levy and sale thereof as herein provided, or prior to a levy and sale of the personal property of such non-resident: ProNotice of vided, That whenever any real estate shall be sold by said mar shal, notice thereof shall be published in a newspaper printed, in such village, if there be one, or by posting written notices thereof in at least three public places in said village, at least six weeks immediately preceding the time of such sale; and Certificate the marshal, on such sale, shall give to the purchaser or pur chasers of any such lands a certificate in writing, describing the lands so purchased, the amount of the bid, and the time when the purchaser thereof will be entitled to a deed for said Redemption land; and if the said lands are not within one year from the date of such sale redeemed, by the payment to the treasurer of such village, for the use of the purchaser, his heirs or assigns, the sum mentioned in such certificate, with interest thereon at the rate of twenty per cent. per annum from the date of such certificate, the said marshal, or his successor in office, shall, at Conveyance the expiration of said year, execute to the purchaser or pur. chasers, his or their heirs or assigns, a conveyance of the lands so sold, and the said conveyance shall be prima facie evidence that the sale, and all the proceedings therein prior to such sale,

of sale.