clerk. tion. passes of the filing of such petition, giving a copy or copies thereof. Upon the receipt of such notice or notices it shall Duty of be the duty of the clerk or clerks so notified to call a meeting or joint meeting of the township board or boards, as the case may be, giving notice of the time and place of such meeting and causing a notice of such meeting to be published for not less than one week in a newspaper published and in general circulation in the county. At the time and place fixed in Meeting of township said notice the township board or boards shall meet, and if board. more than one township be affected, then the board shall meet in joint session to determine the necessity of said drain and whether the same is necessary and conducive to public health, convenience and welfare. At such meeting all Hearing. persons owning lands liable to assessments for benefits, or whose lands would be crossed by said drain, may appear for or against said drain proceedings. After hearing the Determinaevidence so offered as herein provided by all persons appearing for or against the drain proceeding, the board or boards, as the case may be, shall make their determination upon the necessity of said drain and whether the same is necessary and conducive to public health, convenience and welfare. If the board or boards shall find by a majority vote that the said drain is not necessary or conducive to the public health, convenience and welfare, they shall dismiss the petition and no further petition for said drain shall be legal if made within one year after such determination. If said board or Petition, disboards by a majority vote shall find said drain so proposed to be necessary and conducive to the public health, convenience and welfare, they shall make their order to that effect and file the same with the said county drain commissioner. members of the township board or boards for their services under this section shall be compensated at the rate provided by act number ninety-eight of the public acts of nineteen hundred seven, to be paid from the general fund of township or townships, when the proposed drain is found by them to be necessary and conducive to the public health, convenience and welfare. Said commissioner shall, as a means of deter- survey, etc. mining the practicability thereof, make a survey and measurement of the line of the proposed drain, or cause the same to be made by a competent surveyor. If upon such survey he shall find such drain to be practicable he shall within ninety days make his first order of determination in writing in accordance therewith, therein particularly naming such drain, by which it shall thereafter be known, and shall establish the commencement, route and terminus of such drain, and the width, length and depth thereof, and shall set survey or grade stakes not more than eight rods apart. For such purposes he shall have the right to enter upon any such lands traversed by the route of the proposed drain or otherwise connected with the purpose of the proceeding. In locating such drain the county drain commissioner shall not be limited or con missal of. The Compensation. Record of. fined to the precise starting point, route or terminus set forth in the application. The record or minutes of the survey shall show the line and route of the drain, the point where the line of the drain crosses the boundary lines of each owner's land and the length thereof upon his land and the width of surface excavation that will be required in its construction, and shall also show by words or letters and figures the width of ground that will be required for the disposition of earth, and every release of right of way shall be deemed to include the extreme width thus shown. Cost, computation of. Apportionment of. Deputies, appointment CHAPTER VI. SEC. 1. Within ten days after the letting of contracts, or in case of an appeal, then forthwith after such appeal shall have been decided, the county drain commissioner shall make a computation of the entire cost of such drain, which shall include all the expense of locating, establishing and constructing the same, including cost of survey, fees and expenses of special commissioners or jury, and 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 five per cent 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 and the assessment therefor shall affect more than one township or one or more townships and an incorporated city or village, the county drain commissioner shall apportion such sum between the several townships, or townships, city, village or county 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. CHAPTER IX. SEC. 1. Any county drain commissioner may appoint a and duties of deputy or deputies, as the board of supervisors may approve, and revoke such appointment at pleasure, such appointment to be made in writing and filed with the clerk of the county; and whenever by reason of sickness, absence or sufficient cause, the county drain commissioner shall be unable to execute the duties of his office, such deputy or deputies shall execute the same until such disability shall be removed. In all other cases he shall perform the duties of his office in person: Provided, That such appointment when made shall be with the consent of the bondsmen of the county drain commissioner, and be in writing and filed with the clerk of said county: Provided further, That such deputy or deputies, Proviso. Further proviso, to file bond. when so appointed, shall file a bond with and to be approved by the county drain commissioner in the sum of two thousand dollars, conditioned for the faithful discharge of his duties. SEC. 2. Such county drain commissioner and his bondsmen shall be liable for all the acts and defaults of the deputy or deputies when appointed as herein provided. All drain Orders, how orders issued for any purpose shall be drawn by the county drain commissioner: Provided, That no order shall be issued Proviso. against any drain fund for any purpose until the drain for which said fund was created has been located and the contract for building the same let. drawn. SEC. 3. The deputy county drain commissioner shall make Report of a report to the county drain commissioner of all work per whom made. deputy, to formed by him on or before the second Wednesday in September in each year, and shall receive for his compensation such sum as the board of supervisors shall allow, and all actual traveling expenses, for each day actually and necessarily spent by him in the discharge of his duties, as prescribed in section one of this chapter. salary of, SEC. 5. Each county drain commissioner shall receive an County drain annual salary to be paid as other county officers are paid, the commissioner, amount thereof to be fixed by the board of supervisors at its how paid. regular October session in the year nineteen hundred nine, and every two years thereafter, in the same manner as the salaries of other county officers are fixed, and in addition thereto shall be allowed his actual necessary expenses incurred in the discharge of the duties of his said office by the board of supervisors, to be paid by the county, which shall be in full for all services rendered and expenses entailed in the performance of the duties of his office; such expense account shall be an itemized account, and verified by his oath taken before a proper officer. how paid. SEC. 6. The accounts of such deputy or deputies shall be Deputy. itemized and verified by his oath before a proper officer; said accounts of, account shall be paid by the county the same as the expense account of said county drain commissioner is paid. office of the county drain commissioner shall be furnished at the expense of the county by the board of supervisors and shall be maintained at the county seat, in which said office said county drain commissioner shall be and remain on the first Saturday of each month during the year. SEC. 17. All acts or parts of acts contravening this act are Acts repealed. hereby repealed. Approved May 19, 1909. 35 Section amended. "Renovated Wrappers to be stamped. Proviso, "Process Butter." [No. 119.] AN ACT to amend section two of act number two hundred forty-three of the public acts of nineteen hundred three, entitled "An act in relation to the manufacture and sale of renovated butter." The People of the State of Michigan enact: SECTION 1. Section two of act number two hundred fortythree of the public acts of nineteen hundred three, entitled "An act in relation to the manufacture and sale of renovated butter," is hereby amended to read as follows: SEC. 2. Whoever, himself or by his agent or as the servant or agent of another person, shall sell, expose for sale or have in his custody or possession with the intent to sell any renovated butter as defined in section one of this act, shall have the words "Renovated Butter" conspicuously stamped, labeled or marked in one or two lines and in plain Gothic letters, at least three-eighths of an inch square, so that the words cannot easily be defaced, upon two sides of each and every tub, firkin, box or package containing said renovated butter; or if such butter is exposed for sale uncovered, or not in a case or package, a placard containing said words in the same form as above described in this section shall be attached to the mass in such a manner as to be easily seen and read by the purchaser. When renovated butter is sold from such packages or otherwise at retail, in print, roll or other form, before being delivered to the purchaser it shall be wrapped in wrappers plainly stamped on the outside thereof with the words "Renovated Butter" printed or stamped thereon in one or two lines, and in plain Gothic letters at least three-eighths of an inch square, and such wrapper shall contain no other words or printing thereon, and said words "Renovated Butter" so stamped or printed on the said wrapper shall not be in any manner concealed, but shall be in plain view of the purchaser at the time of the purchase: Provided, If at any time the laws of the United States provide that butter manufactured as is described in this act, shall be labeled "Process Butter," then and in such case only shall such substitution be permitted and the labeling of said butter as "Process Butter" shall be deemed a compliance with this act. Approved May 19, 1909. [No. 120.] AN ACT making an appropriation for the Mackinac Island State Park and for the Michilimackinac State Park for various purposes for the fiscal years ending June thirty, nineteen hundred ten, and June thirty, nineteen hundred eleven, and to provide a tax to meet the same. The People of the State of Michigan enact: amount of. SECTION 1. There is hereby appropriated from the general Appropriation, fund, to the Mackinac Island State Park fund, the sum of seven thousand five hundred dollars for the fiscal year ending June thirty, nineteen hundred ten, and the sum of seven thousand five hundred dollars for the fiscal year ending June thirty, nineteen hundred eleven, from any moneys in the State treasury not otherwise appropriated, to be used for general improvements in and about the Mackinac Island State Park, under the direction and supervision of the Mackinac Island State Park Commission: Provided, That Proviso. the Mackinac Island State Park Commission may obtain money under this section before July one, nineteen hundred nine, in such sums as they may by requisition certify to the Auditor General are necessary for immediate use, which sums, then advanced, shall be deducted from the amount appropriated for the fiscal year ending June thirty, nineteen hundred ten, when the appropriation becomes available: Provided further, That five per centum of the amount hereby Further appropriated shall be expended in each of the years mentioned, upon the Michilimackinac State Park, under the direction of the Mackinac Island State Park Commission. proviso. SEC. 2. The appropriation made by section one of this act How paid. shall be paid out of the State treasury to the treasurer of the Mackinac Island State Park Commission at such times and in such amounts as the general accounting laws of the State prescribe and the disbursing officer shall render his accounts to the Auditor General thereunder. SEC. 3. The Auditor General shall incorporate in the Tax clause. State tax for the year nineteen hundred nine the sum of seven thousand five hundred dollars, and for the year nineteen hundred ten the sum of seven thousand five hundred dollars, which when collected shall be credited to the general fund to reimburse the same for money hereby appropriated. Approved May 19, 1909. NOTE. The item of $7,500 in section one appropriated for the fiscal year ending June 30, 1911, and the provision in section three, providing for incorporating in the State tax for the year 1910 the sum of $7,500 were disapproved by the Governor, May 19, 1909. |