suit at law before any court of competent jurisdiction, or by sale of the lot or premises, upon which such rates shall have become a lien : Provided, That such sales shall be conducted in the same manner, and shall have the same force, virtue and effect, of sales of lots delinquent for city taxes: And provided further, That the attempt to collect said rates by any process above mentioned, shall not in any way invalidate the lien upon said lot or premises. Sec. 11. The said commissioners shall cause to be kept an aceurate Record. record of all proceedings, together with a list of all assessments for water rates, which shall be subject to inspection at all times. Sec. 12. It shall be the duty of said commissioners to make report Report. to the common council of said city annually, which report shall embrace a statement of the condition and operations of the works; a statement of the funds and securities of said board, and all debts due and owing to and from said board, together with an accurate account of their expenses; which statement shall be certified by said commissioners, and shall be entered of record by the clerk of said city, and published in such manner as said common council may direct. fund; how sed of. Sec. 13. Whenever the receipts of said board, from water rates or Surplus other sources, shall accumulate so that there shall be a surplus, to be dispo amounting to a sum of not less than five hundred dollars, not needed for the payment of the current expenses or the extension of said works, it shall be the duty of the commissioners, together with the auditor of said city, who shall be associated with them for that purpose, to invest the same in some safe stocks, or upon other real or personal securities. Such investment shall be made in the name of said board, and in such manner as to make the same available for the payment of interest and principal of the bonds issued as aforesaid, as soon as may be. It shall be the duty of said commissioners to pay the interest on such bonds, and as fast as such surplus fund will permit, also the principal, as the bonds become due, as funds for such purpose shall from time to time accumulate. The said commissioners may, when they have funds for that purpose, purchase the bonds so issued as aforesaid, whether the same have become due or not; and in case the said commissioners shall at any time not have funds on hand sufficient to meet any of the said bonds at the time when they shall become due, they shall have the right to issue Oath of of *fice. When ma exempt fr❜m new bonds for such amount, and on such time as they shall deem expedient, in the place of bonds so becoming due as aforesaid; the said old bonds to be cancelled in the registry thereof, and the said new bonds to be recorded in the manner herein before provided. Sec. 14. Before entering upon the duties of their office, said commissioners shall each take and file with the city clerk an oath or affirmation similar to that provided in the case of other officers of said city. Sec. 15. All materials, procured or partially procured, under a terials to be contract with the commissioners, shall be exempt from execution; execution. but it shall be the duty of the commissioners to pay the money due for such materials to the judgment creditor of the contractor, under whose execution such material might otherwise have been sold, upon his producing to them due proof that his execution would have so attached; and such payment shall be held a valid payment on the contract. Member of board may for sufficient cause. Sec. 16. Any member of said board of commissioners, may at be removed any time be removed by a vote of two-thirds of the members elect of the common council of said city, for sufficient cause, and the proceedings in that behalf shall be entered on their journal: Provided, That the said common council shall previously cause a copy of the charges preferred against the commissioner sought to be removed, and notice of the time and place of hearing the same, to be served on him ten days at least previous to the time so assigned; and in case of such removal, the common council shall, at their first regular Vacancies; meeting, or as soon thereafter as may be, appoint some person, being a citizen and a freeholder, to fill such vacancy; and the person so appointed to fill such vacancy, may continue in office for the period his predecessor had to serve. how filled. of commis Sec. 17. The said commissioners, and under their direction, their Authority, agents, servants and workmen, are hereby authorized to enter upon sioners rela- any land or water for the purpose of making surveys, and to agree tering upon with the owner of any property, which may be required by the purpurposes.; poses of this act, as to the amount of compensation to be paid to such lands, &c., for certain Damages; owner. Sec. 18. In cases of a disagreement between the commissioners how estima- and the owner of any property which may be required for the said ted in case of disagree ment of par- purposes, or affected by any operation connected therewith, as to the ties. amount of compensation to be paid to such owner; or in case any such owner shall be an infant, a married woman, or insane, or absent from this State, the judge of the circuit court of Wayne county may, upon the application of either party, nominate and appoint three disinterested persons to examine such property, and to estimate the value Report. thereof or damage sustained thereby, and to report thereon to the said court without delay. damages re Sec. 19. Whenever such report shall have been confirmed by the Amount of circuit judge of Wayne county, the said commissioners shall pay to ported; how disposed of. the said owner, or to such person or persons as the court may direct, the sum mentioned in said report, in full compensation for the property so required, or for the damage sustained, as the case may be; and thereupon the said commissioners shall become seized in fee of such property so required, and shall be discharged from all claim by reason of any such damage. ers when fuse to re awarded. Sec. 20. And in case of the refusal by any owner or owners, person Duty of or persons, to receive such sums awarded to them for property required commiss'nor damages sustained, then the said commissioners shall deposit with parties rethe city treasurer the sums so awarded, subject to the draft of said ceive sums owner or owners, person or persons; and thereupon the said commissioners shall become seized in fee of such property so required, and shall be discharged from all claim by reason of any such damage; and said city treasurer shall keep strict account of all sums so deposited, and shall pay out the same on the drafts of the owner or owners, person or persons, to the credit of whom such moneys may have been deposited. Penalty for demeanor. Sec. 21. If any person shall wilfully do or cause to be done, any act whereby any work, materials or property whatsoever, erected or wilful misused within the city of Detroit or elsewhere, by the said commissioners, or by any person acting under their authority, for the purpose of procuring or keeping a supply of water, shall in any manner be injured, or shall wilfully polute the water, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished therefor as other misdemeanors are punished. Penalty for Sec. 22. If any person shall, without the authority of the said oommissioners, as delegated through any of their agents, perforate or certain of bore, or cause to be perforated or bored, any distributing pipe or fences. Power of ers relative main log, belonging to the water works of said city, or make or cause to be made any connection or communication whatever with the said pipes or logs, every person so offending shall for each offence forfeit a sum not exceeding fifty dollars and costs of prosecution, to be recovered in the mayor's court of said city, or other court of competent jurisdiction. Sec. 23. The said commissioners, in their discretion, shall have commiss'n- power to extend the distributing pipes and mains, and to construct to extend'n reservoirs, hydrants and jets without the limits of said city; and to pipes, mains regulate, protect and control such portions of said water works without the bounds of said city, in and after the same manner that they regulate, protect and control said works within said bounds. &c. Duty of commiss'n ers.1 Commiss'n be interest ed in any Sec. 24. It shall be the duty of said commissioners, at least thirty days before the time fixed by the ordinance of said city for assessing city taxes, to make a special report to the common couneil of said city, what, if any sum, will be needed by said commissioners over and above the revenue of said board, to meet the payment of interest or principal of the bonds issued as aforesaid; and it shall be the duty of the common council to raise said amount by special tax in the same manner as general taxes, to be designated a water tax; and the said amount shall be paid over to said board by the treasurer of said city. Sec. 25. No one or more of the said commissioners shall be interers may not ested, either directly or indirectly, in any contract entered into by them with any other person; nor shall they be interested, either directly or indirectly, in the purchase of any material to be used or applied in and about the uses and purposes contemplated by this contract. Certain pro act. Sec. 26. All lands, lots, docks, buildings, machinery, pipes, logs, perty vested hydrants, and all fixtures whatsoever, purchased, designated or used commiss'n- for the present water works of the said city of Detroit, are hereby in board of ers. conveyed to and vested in said board of commissioners, who shall have full power to regulate, protect and control the same; and all the authority, rights and power heretofore exercised and had by said city over said works, are hereby continued to and vested in said board. of commissioners. board rela Sec. 27. The said commissioners are hereby invested with full Power of power to make and enforce such by-laws, regulations and ordinances tive to bylaws, &c. as may be necessary to carry into effect the object and intent of this act, and to supply any power or mode not already specified herein, and shall cause all such by-laws, regulations and ordinances to be entered into a book to be kept for that purpose, and signed by the president and secretary, which, when so entered and signed, shall be evidence in any court of justice. Sec. 28. All acts or parts of acts contravening the provisions of thic act are hereby repealed. Sec. 29. This act may at any time be altered, repealed or amended. [ No. 91. ] AN ACT supplementary to an act to define the limits, jurisdiction and powers of Circuit Courts, approved April eighth, eighteen hundred and fifty-one, and to repeal an act supplementary to said act, approved June twenty-seventh, eighteen hundred and fifty one. Issues of tions of fact; SECTION 1. The People of the State of Michigan enact, That all issues of law shall be tried by the court, and all the issues and ques- law or questions of fact shall be tried by the court, unless a jury be demanded how tried. by one of the parties, in a manner prescribed by the rules of court: Provided, That in all actions of tort, it shall be competent for the court to order the cause to be tried by a jury. Decision of Sec. 2. Upon the trial of a question of fact by the court without a jury, the decision of the court shall be given in writing, and filed court; how given. with the clerk on or before the first day of the term succeeding that in which the cause was submitted. Sec. 3. In giving the decision, the court shall specify the facts found, and the conclusions of law thereon, upon the request of either party. Ibid. Review of Sec. 4. Either party desiring a review upon the evidence appearing on the trial, either of the questions of fact or of law, may, within evidence. such time as shall be prescribed by the rules of court, make a bill of exceptions, in the same manner, and with the same effect as upon a |