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compensation as the board of supervisors may deem just, pay.
able monthly on the order of the county clerk of said county; To be in lieu which salary shall be in lieu of all fees, commissions and perof fees.
quisites payable to him under the laws of this state for the performance and discharge of any duties required by his office, or any office, the duties of which he exercises by virtue thereof; and the said commissioner shall receive no other or further compensation for the duties imposed upon him, but all fees and commissions made payable to, or that may be charged by him by virtue of said office, shall be received by and on account
of said county. Duties of Sec. 3. It shall be the duty of the said commissioner to keep commissioner.
a true record of all business done by him, and to enter all judgments and orders made by him in said docket, which docket and all other books and files pertaining to said office are hereby declared to be public property, and to be open for inspection during office hours by any person; but no person shall be per mitted to remove any of said records from the office of such commissioner. The said commissioner shall receive all costs and dues of every description which are provided by law in all
proceedings before him, and shall pay the same monthly to the Proviso.
treasurer of said county and take his receipt therefor: Provided, That for the taking of testimony in all cases referred to such circuit court commissioner, or by law required to be taken by him, no fees shall be charged except the actual cost of stenographic work and transcribing, not to exceed ten cents per folio for originals and four cents per folio for each copy, which amounts shall be paid and belong to the said commis
sioner for the testimony so taken. Amount to be Sec. 4. Before any action or proceeding for the recovery of commencing lands or buildings shall be commenced before said commiscertain sults. sioner, there shall be paid to him by the party bringing the
same, the sum of one and fifty one-hundredths dollars, and before the hearing of any such action or proceeding shall be commenced, the further sum of two and fifty one-hundredths dollars, and either party demanding a jury shall advance the fee therefor, and the same shall be disposed of as is now provided by law in justices' courts; and, before any affidavit on appeal or writ of certiorari shall be served on such commissioner, in addition to the costs now provided by law for making return to appeals or certiorari, the further sum of five dollars shall be paid to said commissioner by the appellant or plaintiff in error, and said commissioner shall pay the entry fee in the circuit court, and at the same time file therein the return to the appeal or certiorari, as the case may be. The moneys so paid shall be for the use of the said county, and shall be held in full of all fees now allowed by law to said commissioner from the commencement of such proceeding to and including the issuing of such final process as may be
necessary to give effect to an order or judgment of such comCertain missioner. The sum or sums so paid, including an attorney taxed as costs. fee of five dollars and jury fees, shall be taxed as costs of suit
in favor of the party paying the same, if he be the prevailing
party in the action or proceeding, in addition to any other to which he may be entitled by law. Any cause or proceeding pending before or referred to said commissioner in said county at the time this act goes into effect, shall be heard and disposed of according to the law and practice now in force.
Sec. 5. All acts or parts of acts in anywise contravening the Repealing provisions of this act are hereby repealed.
This act is ordered to take immediate effect.
AN ACT to amend act number two hundred eighty-one of the
Local Acts of nineteen hundred one, being "An act to provide for the control by the board of supervisors of Jackson county of certain classified index or abstract books, and for the making and maintenance thereof and for the use thereof by the public."
The People of the State of Michigan enact: SECTION 1. Act number two hundred eighty-one of the Local Act amended. Acts of nineteen hundred one, being "An act to provide for the control by the board of supervisors of Jackson county of certain classified index or abstract books, and for the making and maintenance thereof and for the use thereof by the public," is hereby amended to read as follows:
SECTION 1. The classified index or abstract books of the Board to have county of Jackson now and hereafter prepared under the resolutiou of the board of supervisors of said county shall be under the control of said board of supervisors, who shall provide for the care, custody and use thereof, for the maintenance and continuance thereof and the use thereof by the public under the provisions and limitations of this act.
SEC. 2. The register of deeds of said county of Jackson shall Register of be the superintendent and custodian of such abstracts and indexes, and it shall be his duty, subject to the direction of said board of supervisors, to see that the same are properly kept, used, maintained and cared for during his continuance in office, for the uses and purposes for which created, as other records of his office are kept.
Sec. 3. It shall be the duty of such register, as such super. Duties relaintendent, to securely keep such books, and maintain and con- tive to. tinue the same by promptly entering therein in its proper place every deed, mortgage, assignment, release, discharge, levy, lis pendens or other instrument or proceeding affecting real estate, necessary to keep said books complete and to perform such other duties with respect thereto, as said board of supervisors may prescribe.
deeds to be custodian.
To give bonde. SEC. 4. The register of deeds, before entering upon the
duties of his office, shall give bonds to the county of Jackson, in an amount to be fixed by the board of supervisors, not exceeding the sum of five thousand dollars, with two sureties, for the proper performance of his duties as such superintendent of abstracts, and to account for all moneys coming into his hands by reason thereof, such bond to be approved by the
board of supervisors and filed with the county treasurer. Board to pro- Sec. 5. It shall be the duty of the board of supervisors to vide office,
provide offices and proper safes or vaults for the keeping of such abstract or index books, and such books and blanks as
may be necessary for their maintenance and use, and pay the To provide expenses thereof.
And the said board of supervisors shall compensation.
provide for the payment of such register of deeds for his serv: ices as such superintendent or abstracter, by appropriating one
half the fees received during any one year for such services: Proviso. Provided, No money shall be appropriated out of the county
treasury for clerk hire or assistance in copying or maintain. ing such abstracts, in excess of the fees received during the
current year. Use of books Sec. 6. The use of said books by the public shall be subject by public.
to such rules therefor as said board of supervisors shall prescribe, and they shall prescribe the schedule of fees for such use, and the public shall be entitled at all times to such abstracts, searches, certificates and information as may be furnished by said board of supervisors upon compliance with the rules so adopted and the payment of the fees prescribed by
the board of supervisors therefor. Superintend- Sec. 7. The superintendent having charge of said abstracts ent to make report.
shall at each regular meeting of the board of supervisors report the said doings in the premises and the amount of all moneys received by him arising out of the use thereof, which said moneys shall be by said superintendent covered into the county treasury of said county, vouchers to be given said superin.
tendent by the county treasurer therefor. Abstracts Sec. 8. Said county of Jackson or said abstracter shall not guaranteed.
in any manner guarantee the correctness of any abstracts of title furnished by said abstracter in behalf of said county or any information furnished concerning the condition of title to any lands in said county, and said county shall not be held liable for damages caused by any error in said abstract or title furnished by said county in any manner, or for any error in information furnished concerning the condition of title to any
lands in said county. Repealing Sec. 9. All acts or parts of acts inconsistent with this act
are hereby repealed.
Approved May 7, 1903.
not to be
AN ACT to authorize the city of Grand Rapids to borrow a
sum of money not to exceed one hundred fifty thousand dollars, and to issue the bonds of the city therefor for the purpose of meeting the expense of improving and covering the so called West Side Big Ditch, and converting the said West Side Big Ditch into a sewer along its present location, and establishing a pumping station at its mouth, in anticipation of the collection of assessments and taxes to defray the expense and cost thereof.
The People of the State of Michigan enact: SECTION 1. For the purpose of meeting the expense of im. When council proving and covering the so called West Side Big Ditch and bonds. converting the said West Side Big Ditch into a sewer along its present location and constructing a pumping station at the mouth thereof as a part of said improvement in anticipation of the collection of assessments and taxes to defray the expense and cost thereof, the common council may by a majority vote by resolution authorize and direct the mayor, comptroller and clerk of the city of Grand Rapids to borrow a sum of money not exceeding one hundred fifty thousand dollars for such purpose and to issue the bonds of said city therefor, bearing in. Amount of. terest at a rate not exceeding four per cent per annum with interest coupons attached, which said bonds shall be signed by the mayor and countersigned by the comptroller of said city, and sealed by the clerk of the said city with the seal of said city; said bonds shall be made payable in equal amounts each year, for a period not exceeding eleven years from date of issue, as the common council may direct. The said bonds shall How be endorsed “West Side Big Ditch Bonds” and shall be numbered or lettered by the city clerk consecutively; said bonds shall not be sold for less than par, shall be payable at the office of the city treasurer and by him placed to the credit of the “West Side Big Ditch Bond and Interest Fund." All such bonds shall be paid at maturity and cancelled and shall not be reissued or refunded.
Sec. 2. If the common council shall by resolution determine Council to that the whole or any part of the said improvement shall be defrayed by an assessment upon the owners of real estate to be benefited by said improvement and after having ascertained the estimated expense of said improvement it shall declare by an entry in its minutes which proportion thereof shall be assessed to such owner specifying the whole sum to be assessed and the portion of the city which it deems benefited by such improvement. The cost and expense of making the estimates, plans and assessments incidental thereto, shall be included in the expense of such improvment.
Sec. 3. All provisions of title five of an act to revise the Charter to charter of the city of Grand Rapids, approved March twenty- special assessfifth, eighteen hundred ninety-seven, relative to the streets and ments.
public improvements, relative to ascertaining the cost, ordering the improvement and assessing the cost. of making assessment rolls, street improvement, shall be applicable to the ascertainment of the cost of the West Side Big Ditch improvement to be paid for by the proceeds of the West Side Big Ditch bonds and the assessment of said costs or such portion of said costs as
the common council may determine by majority vote upon the Assessments real estate deemed to be benefited thereby. Said assessment subject to appeal roll shall be subject to appeal therefrom to the common coun
cil by any of the parties assessed therein and shall be subject to ratification and confirmation by the common council and shall be final and conclusive as in other cases of public improvements under the provisions of the said title five, and shall be a lien upon the premises from date of such confirmation; all unpaid installments of the assessments in said assessment roll for said improvement provided for in this act shall bear interest at the rate of five per cent per annum from the time of
the confirmation of the said assessment roll by the common Roll, how
council. The board of assessors of said city shall divide each assessment contained in said roll into as many equal parts as the common council may direct; said assessment roll shall be attested by the city clerk under the seal of the said city and be deposited with the city treasurer and substantially a copy
thereof certified by said clerk with the comptroller and reTreasurer to
tained in his office. On or by the last Saturday in March each certily to
year the city treasurer shall certify to the common council any additional amount not collected in on the special roll made for such improvement to meet the balance of the West Side Big Ditch bonds indebtedness of this city maturing in the year fol. lowing the fifteenth day of August next ensuing and the annual interest on all outstanding West Side Big Ditch bonds maturing within that time, which amounts the said common council shall include in the next annual budget and order spread on the annual tax rolls and which shall be spread there on in the West Side Big Ditch bond and interest fund column
thereof upon all the real and personal property of the city Tax to be liable to taxation for general city purposes, and such taxes come lien.
when so assessed shall become a lien upon the real estate assessed the same as any other city taxes and so remain until paid, and the payment thereof shall be enforced and collected in the same manner as the annual taxes of the said city and for the non-payment thereof the premises and property assessed may be sold in the same manner as for the non-payment of said annual tax and such taxes when so collected shall be placed to the credit of the West Side Big Ditch bond and interest fund and shall be applied to the payment of the principal and interest of said bonds as they shall fall due and for no other purpose: Provided, If any surplus money collected for such improvement remains after the payment of all said bonds
and interest the same shall be transferred to the general fund. First install- The first installment of said assessments to defray the expense
of such improvement under the provisions of this act shall be collected in the same manner as assessments for other public
certain amounts to council.
ment, how collected