This act not to affect collection of taxes for

1840.

the middle of said River Rouge, to the north-west corner of private claim number thirty-one, designated by Aaron Greely's survey of said claim; thence southerly along the westerly line of said claim, to the southern line of said township; thence westerly along said southern line to the south-west corner of said township.

§ 15. That nothing contained in this act shall, in any manner, affect the collection of taxes, of any description, for the year 1840, but the same shall be collected, paid over and appropriated in the same manner as if this act had not passed.

16. This act shall take effect and be in force from and after its passage.

Approved, March 15, 1841.

Act of April 17, 1839, revived.

[No. 16.]

AN ACT to repeal the third section of an act, entitled "An act to organize certain townships, and for other purposes.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the third section of an act, entitled "An act to organize certain townships, and for other purposes," approved March 30, 1840 be, and the same is hereby repealed; and that an act, entitled "An act to organize a certain township," approved April 17, 1839, "to organize all that part of the county of Barry, designated by the United States survey, as townships number three and four north, of range number nine west, into a separate township, by the name of Irving" be, and the same is hereby revived and continued in force; and that all the acts done and performed in pursuance of the provisions of this act, so revived, since March 30, 1840 be, and the same is hereby declared to be as legal and valid, and of the same effect and force, as if said act had not been repealed.

§ 2. This act shall take effect and be in force from and after its passage.

Filed, March 18, 1841.

[No. 17.]

AN ACT to change the name of the township of Pinkney, in the county of Calhoun.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That from and after the passage of this act, the township of Pinkney, in the county of Calhoun, as now organized by law, shall be known and designated by the name of Clarence. Approved, March 19, 1841.

[No. 18.]

AN ACT to amend an act entitled "An act to incorporate the village of Ypsilanti, and the act or acts amendatory thereof."

of village.

SECTION 1. Be it enacted by the Senate and House of Re- Boundaries presentatives of the State of Michigan, That so much of the township of Ypsilanti, in the county of Washtenaw, as is included in the following boundaries, to wit: beginning half a mile east of the centre of the bridge, thence across the Huron river, on the Chicago road; thence south one-half a mile; thence west one mile; thence north one mile; thence east one mile; thence south half a mile to the place of beginning, shall be, and the same is hereby constituted a town corporate, by the name and title of the "Village of Ypsilanti."

two wards.

§ 2. The said village shall be divided into two wards, as Divided into follows: the first ward shall embrace all the district of country in said village, east of the centre of the Huron river; and the second ward, all west of the centre of said river.

officers.

§ 3. The inhabitants of said village, having the qualification Election of of electors under the constitution of the state of Michigan, shall meet at such places in their respective wards, as the recorder of the present village of Ypsilanti shall designate, within the limits of said corporation, and then and there proceed by a plurality of votes, to elect, by ballot, from among the quali

First election, how

fied electors, residing in their ward, three trustees and one assessor, and they shall also elect, one president, one recorder, one marshal, and one treasurer, being qualified electors, and residing in any part of said village, who shall hold their offices for one year, and until their successors are elected and qualified: Provided, That if an election of such officers shall not be made on the day when, pursuant to this act, it ought to be made, the said corporation, for that cause, shall not be deemed to be dissolved, but it shall and may be lawful to hold such elections at any time thereafter, pursuant to public notice, to be given in the manner hereinafter described.

§ 4. At the first election to be holden under this act, which conducted. shall be held on the first Monday of September next, the president and one or more of the present trustees of the village of Ypsilanti, shall be judges of the election in the first ward, and the recorder and one or more of the trustees of the present village of Ypsilanti, shall be judges of the election in the second ward, and shall canvass the votes and certify the result of the election to the present common council of the town of Ypsilanti, who shall canvass the said certificates, and declare the result of said election in the same manner as the common council are required to do by this act; and all subsequent elections shall be held in the several wards and superintended by one or more of the trustees and assessors in their respective wards, or in case of their sickness or absence, by one or more of the trustees of the other ward: And further, That the poll of such election shall be opened at ten o'clock in the forenoon, and shall continue open until four o'clock in the afternoon of the same day, and no longer, and that the name of each elector voting at such election, shall be written in a poll list, to be kept at such election by the officer or officers holding the same, (in either of the said wards,) and the said officer or officers shall proceed without delay, publicly to open the said ballots, and shall first count the ballots unopened, and if the number of ballots so counted shall exceed the number of electors contained in the poll list, the officer or officers holding said election, shall draw out and destroy, unopened, so many of the

ballots as shall amount to the excess; and if two or more ballots are found rolled or folded up together, they shall not be estimated, and thereupon the officer or officers holding such election, shall immediately proceed, openly and publicly, to canvass and estimate the votes given at such election, and shall complete the said canvass and estimate, on the same day, or on the next day, and shall thereupon certify and declare the number of votes given for each person voted for, and shall file such certificate in the office of the recorder of said village, before ten o'clock in the forenoon of the next day after the said election; at which last mentioned period, the common council shall proceed to canvass said returns, and shall declare the result of said election, and in case it shall at any time happen that two or more persons shall have an equal number of votes, so that no election shall be had, a new election shall be had.

give notice of election.

elector.

§ 5. It shall be the duty of the recorder of said village to Recorder to give five days' previous public notice, in writing, in two public places in each of said wards, of the time and place of holding all elections, both annual and special, in said ward, and every person offering to vote at any such elections, before he shall be permitted to vote, shall, if required by the officer or officers holding such elections, or by any other persons qualified to vote thereat, take the following oath: "I do solemnly Oath of and sincerely swear, (or affirm,) that I am a natural born [or naturalized] citizen of the United States, (or that I was a resident of the state of Michigan at the time of signing the constitution thereof,) of the age of twenty-one years, according to the best of my knowledge and belief, and that I have been a resident of the state of Michigan for the six months next preceding this election, and am now, and for three months last past have been, a resident in first or second ward, (as the case may be,) in the village of Ypsilanti, and that I have not voted before in either ward in said village at this election;" and upon taking said oath, he shall forthwith be permitted to vote.

notify offi

§ 6. It shall be the duty of the recorder of said village, as Recorder to soon as practicable, and within five days thereafter, after the cers of their

election.

Officers to take oath.

Duties of president and recor

der.

Body corpo

rate may have seal,

&c.

closing of the polls of any election, to notify the officers respectively, of their election, and the said officers so elected and notified, as aforesaid, shall, within ten days after receiving a copy of such notice, take an oath or affirmation, to support the constitution of the United States and of this state, and faithfully and impartially to execute and discharge the duties of their said office, a certificate of which shall be filed with the recorder of said village.

§ 7. It shall be the duty of the president to preside at all meetings of the village council, and it shall also be the duty of the recorder to attend all such meetings, and keep a fair and accurate record of their proceedings.

§ 8. The president, recorder and trustees of said village, shall be a body corporate and politic, with perpetual succession, to be known and distinguished by the name and title of "the common council of the village of Ypsilanti," and by that name they and their successors shall be known in law, and shall be, and are hereby, made capable of sueing and being sued, of pleading and being impleaded, of answering and being answered unto, and of defending and being defended, in all courts of record, and any other place whatsoever, and may have a common seal, and may alter and charge the same at their pleasure, and by the same name shall be, and are hereby, made capable of purchasing, holding, conveying and disposing of any real or personal estate, for the use of said corporation. § 9. The inhabitants of said village shall be liable to the except as to operation of any and all laws relating to township government, except so far as relates to the laying out and construction of streets and highways, and the labor to be performed thereon, within the limits thereof.

Liable to

town laws,

streets, &c.

Quorum.

§ 10. The president, recorder and trustees, when assembled together and duly organized, shall constitute the "common council of the village of Ypsilanti," and a majority of the whole shall be necessary to constitute a quorum for the transaction of business, (though a less number may adjourn from time to time;) and the said common council shall hold their meetings at such time and place as the president, or, in his