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traversing more than one county, and act in like manner as provided in chapter eight of this act in the manner of established drains.
er to examine drain.
Proviso as to assessments.
Freeholder to SECTION 1. Whenever a drain, or any portion thereof, needs make applicar cleaning out, straightening, deepening, widening or extending,
any five freeholders of the township or townships in which such drain is situated, one or more of whom shall be owners of land liable to an assessment for benefits in the cleaning out, deepening, widening, straightening or extending, as the case niay be, may make application in writing to the county drain
commissioner by whom it was constructed, or to his successor Commission- in office, setting forth its necessity, and the county drain com
missioner shall, as soon as practicable thereafter, go upon the line thereof and carefully examine such drain, and if, in his judgment, the request of the applicants should be granted, he shall fix the per cent of the cost of cleaning out, that the owner or owners of the lands benefited thereby shall be assessed therefor: Provided, That such assessment shall be made according to benefits, and shall be subject to appeal the same as in the first instance, except that in all cases under this section where drains are only cleaned out, the cost thereof may, in the discretion of the drain commissioner, be assessed upon
the same per cent fixed for the construction thereof: And Further pro
provided further, That whenever any such drain shall need straightening, deepening, widening or extending, the same proceedings shall be had throughout in every respect as are pro
vided in this act for the locating and construction of a drain in Application. the first instance. Drains may be cleaned out, deepened, wid
ened, extended or straightened and for any or all such improve.
ments only one application and proceeding will be necessary. Description. It shall not be necessary for the applicants in such proceedings
to further describe the drain or drains involved, than by referring to the recorded name or names thereof but a reference to a drain, describing it by its commencement, terminus and gen
eral direction shall be sufficient without giving the name of Commis- the drain. In cases where a natural water course shall need obtain right
cleaning out, straightening, deepening or widening, where no of way. valid proceedings have been had to previously establish such
water course, it shall be immaterial whether the first proceedings shall be to clean out, lay out, straighten, deepen or widen; but the county drain commissioner shall take such steps as may be necessary to obtain a right of way, as heretofore provided and go on with his proceedings in the manner provided by law.
viso as to
etc., how made,
SEC. 2. Such assessinent, and the collection, return and Assessment, enforcement thereof shall be made in the same manner, and and return,
collection, under the same provisions in this act provided for drain taxes assessed, collected, returned and enforced in the first instance. In case the necessity for such cleaning out arises from the act when the neor neglect of any land owner, said act or neglect shall be taken Cessity for
cleaning out into consideration by the county drain commissioner in such arises from
the neglect of assessment. The work of cleaning out such drain shall be she owner to advertised and let, and the contracts therefor awarded and consideration. accepted and paid for as provided for in the first instance: Letting of Provided, That if there is a surplus in any drain fund the Proviso as to
surplus in county drain commissioner may, in his discretion, without fund. application or advertisement, pay out of the same a reasonable compensation for cleaning out any obstructions that may accumulate in the particular drain for which the fund was raised.
SEC. 3. All drains regularly established, opened or con- Drains herestructed under any provisions of law heretofore existing, shall Jished, legal be deemed to be legal drains under this act. All drains drains.
Certain drains traversing more than one township, or in which the lands to be under assessed for the construction thereof are situated in more than tion of county ore township, and heretofore constructed by the drain com- commissioner. missioners of the adjoining townships acting jointly, shall hereafter be under the jurisdiction of the county drain commissioners; and in all drains traversing more than one county and heretofore constructed by a special commissioner, shall hereafter be under the jurisdiction of the county drain commissioners of the counties traversed by said drain acting jointly, and any drain that has been established for ten years shall be conclusively deemed to have been regularly established, and it shall be the duty of the county drain commis- County drain sioner, where no records of such drains have been preserved, to make certo see that the records of such drains are made in the most tain records. practicable manner in the drain records of their respective counties.
SEC. 4. All the powers conferred by this act for establish- Constructing, ing and constructing drains and for the enforcement of assess. Cleaning out
widening, ments thereof, shall also extend to and include the deepening, årains creeka,
And repuiring widening and extending of any drains which heretofore have and levees. been laid, or may hereafter be constructed; also to straightening, cleaning out and deepening the channels of creeks and streams, and the constructing, maintaining, remodeling and repairing of levees, dykes and barriers, for the purpose of drainage. The county drain commissioner may relocate or May relocate. extend the line of any drain if the same be necessary, in order to provide a suitable outlet, in which case he shall cause a survey thereof to be made: Provided, That no proceedings affect- Proviso as to ing the rights of persons or property shall be had under this notice. section except upon a like application, notice, hearing and
Who to pay expenses.
award prescribed in this act for the construction of drains in
the first instance. May vacate.
Sec. 5. The county drain commissioner may, upon proper application as required in this act, and upon giving five days' notice thereof by posting only, as provided for the letting in the first instance, declare any drain vacated and abandoned
if in his judgment the same has ceased to be of public utility: Proviso as to Provided, That private rights of persons acquired by reason of private rights. the location and establishment of such drain shall not be inter
fered with, or in any way be impaired thereby. The party so applying shall pay all expenses of such vacating and aban
denment. May be cum
Drains for which an application has been made, or pleted, etc. which have been constructed, under [any] the provisions of
law heretofore enacted, may be laid, constructed, completed, relaid, cleaned out, widened, deepened or extended, as the case
may be, under the provisions of this act. Money and Sec. 7. Any moneys in the hands of the township treasurer records to be belonging to any township drain fund heretofore constructed turned by township officers to
or in process of construction shall be turned over by the town. county ship treasurer to the county treasurer, and shall be credited to officers.
such drain. And the county treasurer shall give his receipt therefor; and any records of drains in the office of any town clerk shall be turned over to the county drain commissioner or county clerk, who shall receipt therefor.
sioner and bonds men
Section 1. Any county drain commissioner shall appoint commissioner one or more deputies whose duty it shall be to act in the place may appoint deputies. of the county drain commissioner so appointing them only
when under the provisions of this act any drain is to be cleaned Proviso as to out: Provided, That such appointments when made shall be bondsmen.
with the consent of the bondsmen of the county drain commis
sioner and be in writing and filed with the clerk of the county. Commie
SEC. 2. Such county drain commissioner and his bondsmen
shall be liable for all of the acts and defaults of the deputy liable for acts of deputies.
county drain commissioners when appointed as herein pro
Sec. 3. Deputy county drain commissioners shall receive of deputies.
for their compensation the sum of two dollars per day for each day actually and necessarily spent by them in the discharge of
their duties as prescribed in section one of this chapter. Books, blanks SEC. 4. County clerks shall be authorized and it shall be and stationery their duty to procure at the expense of their respective coun. ed by clerk. ties the necessary books, blanks and stationery for the use of
tion of drain
drain commissioners and each county drain commissioner shall furnish upon request blank applications to any person who may desire to file an application for the locating of any drain.
Sec. 5. Drain commissioners shall receive for their services Compensathree dollars per day for each day actually and necessarily commis! spent by them in the discharge of the duties of their office. sioners.
SEC. 6. The accounts of such drain commissioner shall be Auditing verified by the oath of the drain commissioner, and audited by drain commisthe judge of probate, county treasurer and county clerk of their sioners. respective counties acting jointly and endorsed by them or a majority thereof; after which such accounts shall be filed with the county clerk. Drain commissioners shall not draw any orders upon any drain fund in payment for their services until their accounts have been audited and filed as herein provided.
Sec. 7. Juries and special commissioners shall receive the Compensation same compensation as the county drain commissioners, and sheures and newspaper publishers shall receive legal rates for advertising. missioners. The judge of probate shall receive ten cents per folio for mak- of jedge of ing exemplified copies of any proceedings had in the probate
probate. court, two dollars for the appointment of special commission. ers including the certified copy of the order of their appointment, and three dollars for all services performed in case a jury is had. For all services mentioned in this section the Drain comcounty drain commissioner shall draw orders on the funds of draw orders the several drains for which said services were performed.
for services. Sec. 8. It shall be the duty of the Attorney General upon Attorney Genthe passage of this act to revise, or cause the same to be done banks. under his supervision, the set of blank forms now in use and required under the provisions of this act, to conform to the said provisions thereof; and it shall be the duty of the Secre. Secretary of tary of State to publish a sufficient number of copies of this lish act.
State to pubact in pamphlet form, with an index thereto, and an annotation of all the supreme court decisions to date relating to drains and drainage, together with an appendix containing a copy of all such blank forms.
Sec. 9. If any person shall wilfully or maliciously remove Penalty for ary section or grade stake set along the line of any drain, or grade stake obstruct or injure any drain, he shall be deemed guilty of a grobstructing misdemeanor, and upon conviction thereof shall be punished by a fine of not exceeding one hundred dollars, and the costs of prosecution, or in default of the payment thereof, by imprisonment in the county jail not exceeding ninety days.
Sec. 10. In all proceedings under this act, when the State Prosecuting shall be an interested party, and liable to be assessed for bene- attorney to ap
the fits, it shall be the duty of the prosecuting attorney of the State. county in which such lands are situated, to represent the interests of the State, and to appear in its behalf, and he shall make to report to a report of his actions in each case to the Commissioner of whom. the State Land Office.
State swamp land drains to be under con
Sec. 11. All drains in any organized county of this State
which have been constructed therein partly or wholly by aid trol of county of State swamp lands, or under authority of the board of con
commissioner. trol having charge of the drainage and reclamation of swamp
lands by means of State roads and ditches, shall hereafter be under control of the county drain commissioner of the county or counties where said drain is situated, and may be cleaned out, widened, deepened, extended or relaid by said drain commissioner, upon like petition as is required by section one of
chapter eight of this act. Repealing SEC. 12. All acts or parts of acts heretofore enacted that are
inconsistent with the provisions of this act are hereby
repealed, saving all acts done and all rights acquired at the Exception as time this act takes effect, and any proceedings had or begun to acquired rights.
may be carried forward and completed thereunder, the same as
This act is ordered to take immediate effect.
[ No. 255. ]
AN ACT to amend the general railroad law relative to
meetings of stockholders, being section three of article two of act number one hundred and ninety-eight of the session laws of eighteen hundred and seventy-three, entitled " An act to revise the laws providing for the incorporation of railroad companies, and to regulate the running and manage ment, and to fix the duties and liabilities of all railroads and other corporations owning and operating any railroad in this State,” as said act was amended by act number sixty-one of the session laws of eighteen hundred and seventy-five.
Section 1. The People of the State of Michigan enact, That section three of article two of act number one hundred and ninety-eight of the session laws of eighteen hundred and seventy-three, entitled "An act to revise the laws providing for the incorporation of railroad companies, and to regulate the running and management, and to fix the duties and liabil. ities of all railroads and other corporations owning and operating any railroad in this State," as said act was amended by act number sixty-one of the session laws of eighteen hundred and seventy-five, be amended so as to read as follows:
SEC. 3. At any meeting of stockholders for the election of directors, it shall be lawful for the stockholders to classify the directors into three classes, as near as may be, one of which classes shall hold their oflice one year, one for two years, and one for three years, and until their successors are respectively
Election, classification and term of office of directors.