fill vacancies in public announcement of the time and place of such adjournment. The review shall thereupon be deemed a continuous proceeding and no further notice shall be required. The probate court shall upon the showing being made, either that any Probate court to or all the persons appointed as aforesaid have neglected, re- board. fused or were unable to act as the case may be and of the adjourned day of meeting at once by order appoint such other person or persons of like qualifications as before to fill such vacancy. And the county drain commissioner shall notify Notice of the person or persons so appointed to fill such vacancy of his appointment and of the adjourned day of meeting. The person so appointed shall have the same power and perform the Power and same duties as are herein provided for the board of review in the first instance. The persons acting as such board of review shall receive the sum of three dollars per day for each day Compensation. actually and necessarily spent in the discharge of their duties appointment. duties. ment sustained costs, etc. as members of such board of review. In case the assessment When assessmade by the county drain commissioner is sustained, the (in- who to pay dividual) township or townships appealing shall be severally liable for all costs incurred by such appeal, and the same proceedings shall be had throughout in all respects in said appeal to said probate court, as to the benefits and liabilities in case of an appeal [to the judge of probate] from an individual assessment: Provided, That in case two or more townships Proviso. appeal from the same assessment, only one board of review shall be appointed to review the assessment against the several townships: Provided further, That the board of review herein Further provided for may adjourn any hearing before them from time to time, as justice may require, not exceeding in all twenty days from the date of their first meeting. proviso. CHAPTER VI. computation of include. SECTION 1. Within ten days after the letting of contracts, When to make and in case of an appeal, then forthwith after such appeal cost of drain. shall have been decided, the county drain commissioner shall make a computation of the entire cost of such drain, which shall include all the expenses of locating, establishing and What to constructing the same, including the commissioner's fees, cost of survey, fees and expenses of special commissioners or jury, and the amount of contracts for construction, also the cost of appeal in case the assessment of benefits made by the county drain commissioner shall not be sustained, and all other expenses, and he shall add the whole into a gross sum and add thereto ten per centum of said gross sum to cover contingent expenses, and the entire sum so ascertained shall be deemed to be the cost of construction of such drain. In case the drain Apportionment and the assessment therefor shall affect more than one town- when drain ship or one or more townships and an incorporated city [or affects more village]. the county drain commissioner shall apportion such ship, village or of assessment than one town city. Commissioner sum between the several township or townships, city, (village) or county so affected upon the basis and per cent determined upon by him, as provided in section one of chapter five, or in case of an appeal, then as provided in section four of chapter five. SEC. 2. The county drain commissioner shall thereupon make a special assessment roll for such drain for each township, or each township and city affected thereby, which roll shall be designated "(giving the name) Drain Special Assessment Roll," and he shall enter therein a correct description of the tracts, parcels or subdivisions of land benefited by such drain, as provided in sections one and seven of chapter five, and place opposite each description the amount of the per cent heretofore determined upon by him or by the (board of review) as the case may be. He shall also enter thereon the tioned to each amount of the per cent apportioned to such township or townships and any city (or village), and shall add a certificate in writing of his determination, made at the time and place of letting, whether the taxes assessed for benefits shall be paid in one or more years. Such rolls shall be dated and signed by said drain commissioner and filed on or before the last Wednesday in September in each year, in the office of the clerk of the township or townships, or of any city in which such lands may be located. To enter amount apportownship. When rolls to be signed and filed. Procedure in case court declares proceedings illegal. etc. Proviso. SEC. 13. Whenever any drain has been located, established and the work of construction completed or partially completed, and any court has declared such proceedings illegal or void for any cause other than that such drain is unnecessary and not conducive to the public health, convenience or welfare, Commissioner the county drain commissioner shall, without unnecessary deto relay and complete drain, lay, proceed to relay and complete such drain under the provisions of this act, and reassess upon the lands benefited by such drain the original cost thereof, together with the expenses of relaying and completing, and shall continue so to do until such drain has been legally established and constructed: Provided, That on such relaying or completion of such drain proceedings it shall not be necessary to readvertise a day of letting, but he shall advertise a day of review for benefits, which review may be held at the office of the county drain commissioner: Provided further, That any person who has paid the tax for benefits assessed against him for such drain shall be allowed the amount so paid and the township treasurer or other officer authorized to receive payment for taxes assessed in any township or city shall accept the receipt heretofore issued or certificate of the county treasurer that such taxes were paid, for the payment of such drain taxes as cash, the same to apply on such renewed assessment. The receipt (or certificate) so received by the township treasurer or other officer shall be credited to him and allowed as money. The provisions of this section shall also apply to drains laid out and wholly or partly constructed under the provisions of all drain laws in force prior to the passage of this act. Further proviso. CHAPTER VII. SEC. 8. Whenever a drain heretofore established and which Cleaning, etc., of drains, in was constructed in and traverses more than one county needs two or more cleaning out, deepening, widening and extending, any five free- counties. holders of either county by which such drain is traversed (or affected), one or more of whom shall be owners of land which at the time of its construction was assessed therefor, may make application to the county drain commissioner of either county in which such drain is situated, setting forth the necessity thereof. If, upon examination, such drain commissioner shall deem the same to be necessary and for the good of the public health, he shall, as soon as practicable thereafter, notify the county drain commissioner or commissioners of such other counties and furnish them with a certified copy of such application, and they shall thereupon meet and jointly take such Joint action. measures as are provided in this chapter relative to drains traversing more than one county, and act in like manner, as provided in chapter eight of this act in the manner of estab lishing drains. CHAPTER VIII. to remove expense. SEC. 8. Whenever any person shall obstruct any established Commissioner drain it shall be the duty of the drain commissioner to cause obstruction. such obstruction to be removed. The person causing such ob- Who liable for struction shall be liable for the expense attendant upon the removal thereof, together with the charges of the drain commissioner, and the same shall be a lien upon the lands of party causing or permitting such obstruction, and all of the expense shall by the drain commissioner be reported to the board of supervisors, together with the report of his doings in the premises, and by said board ordered spread upon the land of the offending party, should the same remain unpaid: Provided. Proviso. That the owner or occupants of the land on which the obstruction is claimed to exist shall be given a notice in writing of at least five days to remove such obstruction. This provision as to obstruction of any drain shall not apply where the obstruction was caused by natural causes, but the owner of stock who shall permit his horses, cattle, pigs and other stock to obstruct any drain by tramping in it shall be deemed to be the party causing such obstruction. Nothing contained in this section shall in any way impede or bar the right of any person to make criminal complaint under any existing law for any obstruction of a drain. County drain commissioner may appoint deputies. Bond, where filed. Who liable for acts of deputies. Report, compensation, etc. Accounts, how audited. CHAPTER IX. SECTION 1. Any county drain commissioner shall on writ ten request of the township board and with the consent of his bondsmen in writing filed with said drain commissioner, appoint one deputy in each township whose duty it shall be to act in the place of the county drain commissioner so appointing them, only when under the provisions of this act, any drain is to be cleaned out. Such deputy, when so appointed, shall file a bond with the county drain commissioner, to be approved by him in the sum of one thousand dollars, for the faithful performance of his duties. Such appointments, when so made, shall be in writing and filed with the clerk of the county. SEC. 2. Such county drain commissioner and his bondsmen shall be liable for all the acts and defaults of the deputy county drain commissioners, when so appointed as herein provided. All drain orders issued for any purpose shall be drawn by the county drain commissioner. SEC. 3. Deputy county drain commissioners shall make a report to the county drain commissioner of all work performed by them on or before the first Wednesday in September in each year and shall receive 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. SEC. 6. The accounts of such drain commissioner or his deputy shall be verified by the oath of the drain commissioner or deputy and audited by the judge of probate, county treas urer and county clerk of their respective counties, acting jointly and endorsed by them, or a majority of them after which such accounts shall be filed with the county clerk. When commis County drain commissioners shall be in their office on the first Saturday in each month during the year, and 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: Provided, That no orders shall be issued on any drain until the same has been sold. sioners to be in their office. Proviso. Publications, etc., how directed. Repealing clause. SEC. 12. The publication of all matters provided for in this act shall be by the order and direction of the county drain com missioner. SEC. 13. 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 time this act takes effect, and any proceedings had or begun may be carried forward and completed thereunder, the same as they might have been done had this act not passed. Approved June 23, 1899. [No. 273.] AN ACT to amend sections four, eight, nine, twenty-two and twenty-three of act number two hundred five of the public acts of eighteen hundred seventy-seven, entitled "An act to provide for the Incorporation of Societies for the Receiving, Loaning and Investing of Money." Being sections six thousand one hundred ninety-three, six thousand one hundred ninety-seven, six thousand one hundred ninety-eight, six thousand two hundred eleven and six thousand two hundred twelve of the Compiled Laws of eighteen hundred ninety seven. The People of the State of Michigan enact: amended. SECTION 1. That sections four, eight, nine, twenty-two and Sections twenty-three of act number two hundred five of the public acts of eighteen hundred seventy-seven, entitled "An act to provide for the incorporation of societies for receiving, loaning and investing of money," being sections six thousand one hundred ninety-three, six thousand one hundred ninety-seven, six thousand one hundred ninety-eight, six thousand two hundred eleven and six thousand two hundred twelve of the Compiled Laws of eighteen hundred ninety-seven. Be and the same are hereby amended so as to read as follows: tutes first lien. SEC. 4. The loans or deposits received and not repaid by such What constisociety under the provisions of this act are hereby declared in case of the insolvency or winding up the affairs of such society a first lien upon the assets of such society and the parties making such loans or deposits shall be preferred creditors of such society. be invested. SEC. 8. Such society is hereby empowered to lay out and How capital to invest its capital, or other moneys entrusted or in anywise belonging to such society, in the first place, in paying and discharging all costs, charges and expenses incurred in the formation and management of such society; and the remainder of such capital or other moneys, or so much thereof as may from time to time be deemed necessary, may be advanced by way of a loan to any person or persons, partnerships, or cor porations in sums not exceeding three thousand dollars to any borrower upon security of bonds and mortgages or notes and mortgages, on unincumbered real estate, of at least double the value of such loans; or any part or parts of such capital, or other moneys, may be invested in the stocks or bonds of the United States, or of any of the so-called New England, Middle or Northwestern States, or in any bonds lawfully issued by any county, city or school district in this State, and upon such terms and conditions as such society shall deem satisfactory and expedient. loan by SEC. 9. Every borrower from such society of a loan, secured Payment of by bond and mortgage or note and mortgage on real estate, in periodical accordance with section eight of this act, shall have the right installments. |