state, through its representatives, shall not be considered an employe of the state, county, city, township, incorporated village or school district which made the contract, when such contractor is subject to this act: Provided, however, That Proviso. policemen or firemen or employes of the police or fire departments, or their dependents, in municipalities or villages of this state having charter provisions prescribing like benefits, may waive the provisions of this act and accept in lieu thereof such like benefits as are prescribed in such charter, but shall not be entitled to like benefits from both: And provided Further further, That nothing contained in this act shall be construed as limiting, changing or repealing any of the provisions of any charter of any municipality or village of this state relating to any benefits, compensation, pensions, or retirement, independent of this act, provided for employes as hereinbefore defined. proviso. contract. 2. Every person in the service of another, under any con- Who may tract of hire, express or implied, including aliens, including working members of partnerships, receiving wages irrespective of profits from such, and also including minors, who, for the purpose of this act, shall be considered the same and have the same power to contract as adult employes: Pro- Proviso. vided, That any minor between the ages of sixteen and eighteen years whose employment at the time of injury shall be shown to be illegal shall, in the absence of fraudulent use of permits or certificates of age, in which case only single compensation shall be paid, receive compensation double that provided elsewhere in this act. Approved May 12, 1927. [No. 163.] AN ACT to change the name of the central Michigan normal school to central state teachers college; to change the name of the western state normal school to western state teachers college and to change the name of the northern state normal school to northern state teachers college. The People of the State of Michigan enact: SECTION 1. The institution now known and designated un- Names der the name and style of central Michigan normal school shall changed. hereafter be known as central state teachers college; the institution now known and designated under the name and style of western state normal school shall hereafter be known as western state teachers college; and the institution now known and designated under the name and style of northern state normal school shall hereafter be known as northern state This act is ordered to take immediate effect. Sale authorized. Governor to execute conveyance. [No. 164.] AN ACT to authorize the sale of certain lands owned by the state of Michigan. The People of the State of Michigan enact: SECTION 1. The state hospital commission with the approval of the state administrative board is hereby authorized to sell lots one to sixteen, both inclusive, of block twelve, Hannah's fifth addition to the city of Traverse City, Michigan. SEC. 2. In the event of such sale, the governor of the state of Michigan is hereby authorized to execute the conveyances for such transfer, and the proceeds of such sale shall be deposited with the state treasurer and credited to the general fund of the state. Approved May 12, 1927. May consolidate libraries. Referendum. [No. 165.] AN ACT to authorize the consolidation of township libraries in adjoining townships in certain cases, and to provide for their joint maintenance. The People of the State of Michigan enact: SECTION 1. It shall hereafter be lawful for the township boards of adjoining townships in the same county, by joint action of the respective township boards of such townships, by proceeding as hereinafter provided, to consolidate the libraries in each township into one library, and to designate the site thereof. SEC. 2. When the township board of each township having such libraries shall be presented with a petition, signed by not less than twenty-five per cent of the resident freeholders of each of the respective townships, each such township board shall forthwith adopt a resolution submitting the question of consolidation of the libraries of the two townships to the qualified electors of each township at any regular election or special election duly called for that purpose. SEC. 3. The election shall be by ballot in substantially the Form of following form: ballot. "Shall the township libraries of. townships be consolidated? and . Yes () No()." The election shall be conducted in every respect the same as other special or general elections are conducted, and the results canvassed and certified in like manner. dated. SEC. 4. If the proposition shall be carried by a majority when of those voting at the election, in each township, and the consolirespective election boards shall so certify, the respective township boards shall meet together in the township casting the largest vote at such election and shall pass a joint resolution, which shall be recorded in the minutes of the clerk of each board, canvassing the returns of the elections, and shall formally consolidate the township libraries of the two townships. SEC. 5. Such resolution shall designate the site of the site library, and if not able to agree by majority vote of the board designated. members present and voting, the county commissioner of schools shall choose a site properly located and most advantageous to the townships. SEC. 6. The expense of maintenance for the ensuing year Mainteshall be estimated, and the expense apportioned between the nance. two townships in proportion to their respective assessed valuations for the preceding year, and such tax certified by the clerk of each board to its respective supervisor. SEC. 7. Said library when so consolidated shall be under Control of. the joint control of the township boards, and any matter upon which they can not agree shall be decided by the county commissioner of schools. Not more than two joint meetings per year shall be held. SEC. 8. After consolidation, the library may be formed Free public into a free public library, with provisional board of directors library. in pursuance of the statute in such case made and provided, upon proper procedure for that purpose, jointly taken by the township boards of the townships consolidating. Approved May 12, 1927. [No. 166.] AN ACT to make all general laws relative to fishing on inland lakes applicable to a certain part of St. Joseph river. The People of the State of Michigan enact: SECTION 1. On and after the effective date of this act all Laws general laws now in effect or that may hereafter be enacted applicable. relative to fishing on inland lakes shall be and the same are Title and section amended. Notice by subcontractor. [No. 167.] AN ACT to amend the title and section two of act number one hundred eighty-seven of the public acts of nineteen hundred five, entitled, as amended, "An act to insure the payment of subcontractors and wages earned and all supplies, materials or labor furnished or used in connection with or consumed in constructing, repairing or ornamenting public buildings and public works," being compilers' section fourteen thousand eight hundred twenty-eight of the compiled laws of nineteen hundred fifteen, as amended by act number three hundred eighty-four of the public acts of nineteen hundred twenty-five. The People of the State of Michigan enact: SECTION 1. The title and section two of act number one hundred eighty-seven of the public acts of nineteen hundred five, entitled, as amended, "An act to insure the payment of subcontractors and wages earned and all supplies, materials or labor furnished or used in connection with or consumed in constructing, repairing or ornamenting public buildings and public works," being compilers' section fourteen thousand eight hundred twenty-eight of the compiled laws of nineteen hundred fifteen, as amended by act number three hundred eighty-four of the public acts of nineteen hundred twentyfive, are hereby amended to read as follows: TITLE An Act to insure the payment of subcontractors and wages earned and all materials or labor and certain supplies furnished and used in connection with and consumed in constructing, repairing or ornamenting public buildings and public works. SEC. 2. In the case of a subcontractor, he shall within sixty days after furnishing the last material or supplies or performing the last work covered by his subcontract, serve a written notice in duplicate upon the board of officers or agents contracting on behalf of the state, county, city, village, town ship or school district as aforesaid, that he is a subcontractor for the doing of some part of such work, which he shall specify in his notice and that he relies upon the security of the bond by this act required to be given by the principal contractor, and the said board of officers or agents shall within ten days thereafter furnish a copy of such notice to the sureties for the principal contractor: Provided, however, That if such notice Proviso. is not furnished by the said board of officers or agents within the said ten days such failure shall in no wise release or impair the obligation of said sureties, and whenever this shall have been done, the said subcontractor shall be entitled, subject to the rights of the persons with whom he has contracted for labor, materials or supplies to the benefit of the security given by the principal contractor, and to be subrogated to the liens of the persons who have performed labor or furnished materials or supplies for such building, repairs or ornamentation, whom he shall have actually paid, but the subcontractor and the persons who shall have performed labor or furnished materials or supplies to him shall not in the aggregate be entitled to receive larger sums that may be required from the principal contractor under his contract with the subcontractor, nor shall this act be construed to change in any way the contract which may have been made between the principal contractor and the subcontractor, except when such contract shall attempt to relieve the principal contractor as against the demands of those performing labor or furnishing materials or supplies to the subcontractor. All others, excepting those furnishing labor, relying Notice of upon the security given by the principal contractor, shall ness. within sixty days after furnishing the last material or supplies, serve a written notice in duplicate upon the board of officers or agents contracting on behalf of the state, county, city, village, township, or school district as aforesaid, that such contractor or subcontractor is indebted to them in a specified amount or for the furnishing of certain specified materials or supplies on account of such contract, and the said board of officers or agents shall within ten days thereafter furnish a copy of such notice to the sureties for the principal contractor: Provided, however, That if such notice Proviso. is not furnished by the said board of officers or agents within the said ten days such failure shall in no wise release or impair the obligations of said sureties. Approved May 14, 1927. indebted |