DETHMERS, C.J.
Defendant Elk Rapids is a village incorporated under PA 1895, No 3 (CL 1948 and CLS 1956, § 61.1 et seq. [Stat Ann 1961 Rev § 5.1201 et seq.]), which is its charter. Chapter 7, § 24, of that act (CL 1948, § 67.24 [Stat Ann 1961 Rev § 5.1308]), empowers village councils to construct sewers. The next section, section 25, provides in part:
"And if the council shall declare that the expense of any sewer, drain...
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