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to each parcel of land so entered upon and for the time so Occupant of employed he shall be entitled to charge at the rate of one lands liable for compen

dollar and fifty per day, and one dollar for each one half day sation. by him actually and necessarily employed while performing

said duty, and when said duty shall have been performed in the destruction of Canada thistles, milkweed and other noxious weeds growing on resident lands or on lands in the charge of any person known to said commissioner he shall present a statement duly verified of such charges describing the land whereon the same were incurred by its legal description to the

owner, occupant or custodian and demand of him payment When lands therefor. When the commissioner shall incur any expense resident.

or employ any time in the destruction of Canada thistles, milkweed or other noxious weeds found growing on non-resident lands as provided in section three of this act he shall make out a complete statement showing such expenses and time employed and for which time employed he may charge at the same rates as for duties performed relative to resident lands, and shall file such statement with the township clerk

as hereinafter provided. When owner,

SEC. 5. In case the owner, occupant or custodian of any etc., refuses

lands shall neglect or refuse for the space of thirty days to to pay.

pay the charges of such commissioner as specified in section four of this act it shall be the duty of said commissioner to file such statement of charges with the township clerk of the township wherein such charges were incurred, five days before the last Saturday of September of each year, and he shall also file within the same time with the said township clerk the

aforesaid statement of charges incurred relative to all nonAuditing of resident lands in his township: On the said last Saturday of commissioner. September it shall be the duty of the township boards of the

several townships of this State with township clerk of which, any statement of charges provided for in this act shall have been filed, to meet at the township clerk's office at the hour of two o'clock in the afternoon for the purpose of auditing and allowing said charges. Said meeting shall be called by the township clerk by written notice served on each member of said board three days before the date fixed for said meeting. When such township board shall have met pursuant to the call of the township clerk as aforesaid, it shall be the duty of said township board to audit all claims for charges found on file with the township clerk and at which meeting it shall be the right of all parties interested therein to appear before said board and be heard with reference to the legality and

amount of such charges. Claims to be SEC. 6. The amount of all claims for charges in this act paid.

provided for which shall be audited and allowed by any township board, shall be paid to the said commissioner from the township treasury in the same manner as other charges allowed against townships are paid.

SEC. 7. The township clerk after said allowance shall To be spread make a statement of all such claims as have been so allowed on tax rolls. under the provisions of this act with a description of the land relative to which such charges have been allowed to the supervisor of the township who shall cause the several amounts so allowed to be levied on the lands so described in a separate column in the tax roll of his township, and which taxes so spread shall in all respects be collected or returned in the same manner as other taxes assessed upon real estate are collected or returned and when the same are collected they shall be paid into the treasury of the township for the purpose of reimbursing such township for any expenses which may have been incurred in carrying out the provisions of this act.

SEC. 8. Any commissioner who shall neglect or refuse to Penalty for discharge the duties imposed upon him by the provisions of commissioner. this act shall be punished by a fine of ten dollars together with the costs of prosecution and in the default of payment thereof be imprisoned in the county jail for a period of ten days. SEC. 9. All railroad corporations doing business in this Duty of

railroad State shall, each year, between the fifteenth day of June and

companies. the first day of July, and again between the tenth day of August and the first day of September, and at any time during the year so often as shall be sufficient to prevent Canada thistles, milkweed or other noxious weeds going to seed, cause all Canada thistles, milkweed or other noxious weeds growing upon lands occupied by them in any city, village or organized township in this State to be cut down and destroyed.

SEC. 10. In caso any railroad company shall refuse or Commissioner · neglect to comply with the requirements specified in the second on railroad section of this act, then it shall be lawful for said commissioner lands. to cut said Canada thistles, milkweed or other noxious weeds between the first and fifth days of July, inclusive, and between the first and fifth days of September, inclusive, in each year or so often as shall be sufficient to prevent said Canada thistles, milkweed or other noxious weeds going to seed to endanger the spread thereof, at the expense of the corporation on whose lands said Canada thistles, milkweed or other noxious weeds shall be so cut, at the rate of three dollars per day for the time necessarily occupied in cutting, to be recovered in any court of competent jurisdiction in this State.

Sec. 11. All gravel or plank road companies doing busi. Gravel and ness in this State shall, between the fifteenth day of June and plan bangad. the first day of July, and again between the fifteenth day of August and the first day of September in each year, cause all Canada thistles, milkweed or other noxious weeds growing on lands occupied by them in any village or organized town. ship of this State to be cut down and destroyed.

Sec. 12. In case any [gravel or] plank road company shall suit may be refuse or neglect to comply with the requirements speeified when

in the second section of this act, it shall be liable in a penalty of twenty-five dollars, to be prosecuted for in action of debt by any person feeling himself aggrieved, suit may be brought before any justice of the peace of the county, who shall require of the complainant surety to pay costs in case he fails

to maintain his action. Summons may be served on any agent Commissioner or officer of the company: Provided, That if above named security for action be brought by said commissioner as provided for in seccosts.

tion one of this act he shall not be required to give surety for costs for prosecution but shall bring such action by the con

sent of the township board of his township. Proceedings Sec. 13. In case any gravel or plank road company shall on refusal or neglect. refuse or neglect to comply with the requirements specified

in the second section of this act, then it shall be lawful for any commissioner to cut or cause to be cut said Canada thistles, milkweed or other noxious weeds between the first and fifth day of July, inclusive, and between the first and fifth days of September, inclusive, in each year, or so often as shall be sufficient to prevent said Canada thistles, milkweed or other noxious weeds going to seed to endanger the spread thereof, at the expense of the corporation on whose lands said Canada thistles, milkweed or other noxious weeds shall be cut, at the rate of three dollars per day for the time necessarily occupied in cutting, to be recovered in any court of competent

jurisdiction in this State. Acts repealed.

SEC. 14. Any act or acts or any part thereof inconsistent Proviso as to towoship with this act be and the same is hereby repealed: Provided,

That nothing in this act shall be construed as releasing the overseer and commissioner of highways from their relative duties in having the control and causing all Canada thistles, milkweed and other noxious weeds cut and destroyed in the highways of their respective highway districts.

Approved June 2, 1897.

officers.

[ No. 250. ]

AN ACT to amend section five of chapter seventy-five of the

revised statutes of eighteen hundred forty-six, entitled "Of the administration and distribution of the estate of intestates," as amended by subsequent acts, being section five thousand eight hundred and fifty-one of Howell's annotated statutes.

Section amended.

SECTION 1. The People of the State of Michigan enact, That section five of chapter seventy of the revised statutes of eighteen hundred forty-six, entitled “Of the administration

and distribution of the estate of intestates," as amended by subsequent acts, being section five thousand eight hundred fifty-one of Howell's annotated statutes, be and the same is hereby amended so as to read as follows:

SEC. 5. When by reason of delay in granting letters testa- When special mentary or of administration, or when from any other cause may be apa the judge of probate deems it expedient so to do, he may,after pointed. such notice as he may direct, or without notice in his discretion, appoint an administrator to act in collecting and taking charge of the estate of the deceased until an executor or administrator shall be appointed; and no appeal shall be allowed from the appointment of such special administrator.

Approved June 2, 1897.

[ No. 251. ]

AN ACT to amend section seven of act number one hundred

and forty-nine of the public acts of eighteen hundred and ninety-three, entitled "An act to provide for a county and township system of roads, and to prescribe the powers and duties of the officers having charge thereof."

SECTION 1. The People of the State of Michigan enact, That Section

amended. section seven of act number one hundred and forty-nine of the public acts of eighteen hundred and ninety-three, entitled " An act to provide for a county and township system of roads, and to prescribe the powers and duties of the officers having charge thereof,” be and the same is hereby amended so as to read as follows:

Sec. 7. Any person elected county road commissioner shall, Commissioner within ten days after being notified in writing, by the clerk of and nle path such county, of his election, take and subscribe the constitu- of office. tional oath of office and file the same with said clerk. The term of office of the first commissioners elected in any county Term of under this act shall commence immediately upon filing such

office. oath of office, and shall continue for the term hereinafter provided computing from the first day of May then next following. The successor to each such commissioner shall be elected on When sucthe first Monday in April, in each year in which a regular elected session of the legislature is held preceding the expiration of his term. If the number of such commissioners be so fixed at two, they shall hold office for two and four years respectively from said first day of May, and thereafter one commissioner shall be biennially elected for the full term of four years. If the num- Duration of ber of such commissioners shall be so fixed at three, they shall term of office.

county.

hold office for two, four and six years respectively from the said first day of May, and thereafter one commissioner shall be biennially elected for the full term of six years. If the number of such commissioners shall be so fixed at four, they shall hold office for two, four, six and eight years respectively from the said first day of May, and thereafter one commissioner shall be biennially elected for the full term of eight years. If the number of such commissioners shall be so fixed at five, they shall hold office for two, four, six, eight and ten years respectively from the said first day of May, and thereafter one commissioner

shall be biennially elected for the full term of ten years: Proviso as to Provided, That in Wayne county the term of office of such road

commissioner and the time for the election of such commissioner, or commissioners whether for the full term or to fill vacancy, shall be such as the board of supervisors of Wayne county shall fix. No member of the board of supervisors shall be eligible to the office of county road commissioner, and such

offices shall not be held by the same person at the same time: Supervisors Provided further, That the board of supervisors of any county may reduce number of where the county road system has been adopted, and the numcommissioners.

ber of road commissioners has been fixed by the board of supervisors at a greater number than two, may reduce the number to not less than two; and in case of a reduction in number as aforesaid no successors shall be elected to those commissioners whose term shall soonest expire until the number of commissioners shall be reduced to the number specified by the board of supervisors, and thereafter successors shall be elected for the terms herein before provided, depending upon the number at which said board of commissioners shall have been thus reduced and fixed by the board of supervisors.

Approved June 2, 1897.

[ No. 252. ]

AN ACT to repeal certain obsolete and inoperative statutes.

Acts repealed. SECTION 1. The People of the State of Michigan enact, That

the following acts be and the same are hereby repealed, to wit: No. 66 of 1873. Act number sixty-six of eighteen hundred and seventy-three,

entitled "An act directing the county clerks in each of the counties of this State to provide uniform ballots on constitutional amendments," being section two hundred and thirty

seven of Howell's annotated statutes. Joint resolu- Joint resolution number five of eighteen hundred and sixtytion No 5 of 1861.

one, entitled “Joint resolution for the transfer of certain scientific works from the State library to the library of the Uni

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