Charlevoix county herald., 1911-07-01

roll shall neglect or refuse to pay his
assessment upon demand, then to levy
and collect the same by distress and
sale of the goods and chattels of such
person and return said roll and war.
rant, together with his doing thereon,
within sixty days from the date OF
such warrant
Sec. 81. Upon receiving this special
assessment roll and warrant the city
treasurer shall proceed to collect the
amount assessed therein. II any per-
son shall neglect or refuse to pay his
assessment upon demand, the city
treasurer shall seize and levy upon
any personal property found within
the city elsewhere within the county
belonging to such person. and sell the
same at public auction, first giving six
days notice of the time and place Of
such sale, by posting such notice in
three of the most public places in the
city or township where such property
may be found. The proceeds of such
sale, or so much thereof as may be
necessary for that purpose, shall be
applied to the payment of the assess
ment, and a percentage Of ten per
centum upon the amount of the assess
ment for the costs and expenses of
said seizure and sale, and the surplus,
if any, shall be paid to the person en-
titled thereto.
Sec. 81. The treasurer shall make re-
turn of said assessment roll and war
rant to the city clerk according to the
requirement of the warrant, and IL any
of the assessments in said roll shall
be returned unpaid, the treasurer shall
attach to his return a statement veri-
fed by affidavit, containing a list of
the persons delinquent, and a descrip-
ton of the lots and premises upon
which the assessments remain unpaid,
and the amount unpaid on each.
Sec. 63. Said warrant may be re.
newed from time to time by the city
clerk, If the commission shall so di.
rect, and for such time as they shall
determine, and during the time of such
renewal the warrant shall have the
same force, and the city treasurer
shall perform the same duties and
make like returns as above provided.
In case any assessment shall be final
ly returned by the city treasurer un-
paid, as aforesaid, the same shall be
certified to the assessor in the man
ner provided in Section So of this chap.
ter. and shall then be levied together
with the penalty of ten per cent of
the amount Of said assessment, in the
next tax roll, and be collected and paid
in all respects as provided in Section
SO of this Chapter.
Sec. "a. At any time after a special
assessment has become payable, the
same may be collected by suit, in the
name of the city, against the person
assessed, in an action of assumpsit, in
any court having jurisdiction of the
amount. In every such action a dec
laration upon the common counts for
money paid shall be sufficient The
special assessment roll and certified
order or resolution confirming the
same shall be prima facie evidence OF
the regularity Of all the proceedings in
making the assessment of the whole
amount due, and of the right of the
city to recover judgment therefor.
Sec. 65 If in any such action it shall
appear that by reason of any irregu-
larities or informalities, the assess
ment has not been properly made
against the defendant, or upon the lot
or premises sought to be charged. the
court may nevertheless on satisfactory
proof that expenses have been in
CURED by the city, which is proper
charge against the defendant, or the
lot or premises in question, render
Judgment for the amount properly
chargeable against such defendant, or
upon such lot or premises.
CHAPTER XII.
Franchises and Public Utilities
Sec. 1. No franchise or grant shall be
granted by the city for longer period
than 20 years. No license shall be
granted by the commission for long
er term than one year.
Sec. 2. No franchise or grant, except
licenses for the sale Of intoxicating
liquors, which is not revocable at the
will of the commission shall be grant
ed or become imperative until the
same shall have been referred to the
people at general or special election
and has received the approval of ma
jority of the electors voting thereon
at such election.
Sec. 3. No person, firm or corpora