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park, it shall have authority to enforce the same and to cause offenders and persons violating any rules and regulations prescribed to be punished therefor in the manner set forth and indicated in act number eighty of the public acts of nineteen hundred five.

SEC. 4. All rules and regulations made by said board Jurisdiction. under the authority of this or any other act shall be effective within the whole territory covered by said park, and said board shall have the power and authority to prescribe and enforce rules and regulations relative to any part or portion thereof, notwithstanding any contrary or inconsistent ordinance, regulation or by-law of the village of Mackinaw City.

SEC. 5. All acts and parts of acts inconsistent with the Acts repealed. provisions of this act are hereby repealed. Approved April 30, 1909.

[No. 55.]

AN ACT to require a stamp or label on every ball of binder twine sold, exposed or offered for sale within this State, and providing a penalty for the violation hereof.

The People of the State of Michigan enact:

label, what to

SECTION 1. No binder twine shall be sold, exposed or Stamp, tag or offered for sale within this State, except the same bear upon state. each ball a stamp, tag or label truly stating the name of the manufacturer, importer or jobber of such twine, the kind or kinds of material it contains, and the number of feet to the pound in such ball: Provided, That a deficiency not proviso, exceeding five per cent in the length or tensile strength stated deficiency. on the stamp, tag or label shall not be a violation hereof.

SEC. 2. Any person, firm or corporation violating any of Penalty for the provisions of this act shall be deemed guilty of a mis- violation. demeanor and shall upon conviction thereof be punished by

offense.

a fine not exceeding five hundred dollars: Provided, That Proviso, the selling or exposing for sale of any ball of twine which separate does not conform to the requirements of this act shall constitute a separate and distinct offense.

1909, ex

SEC. 3. All binder twine purchased or received by whole- November 1, sale or retail dealers of this State prior to November first, emption of nineteen hundred nine, shall be exempt from the provisions time purchased of this act until September first, nineteen hundred ten, but prior to. the burden of proof that such twine was so purchased or received shall rest on said dealers. Approved April 30, 1909.

Title and sections amended.

[No. 56.]

AN ACT to amend the title and sections one, four and nine of act number two hundred thirty-three of the public acts of eighteen hundred eighty-seven, entitled "An act to authorize the sale in certain cases of land devised or bequeathed by will, without power of sale," being compiler's sections nine thousand two hundred thirty-four, nine thousand two hundred thirty-seven and nine thousand two hundred forty-two of the Compiled Laws of eighteen hundred ninety-seven, as amended by act number fifty-five of the public acts of nineteen hundred one.

The People of the State of Michigan enact:

SECTION 1. The title and sections one, four and nine of act number two hundred thirty-three of the public acts of eighteen hundred eighty-seven, entitled "An act to authorize the sale in certain cases of land devised or bequeathed by will, without power of sale," being compiler's sections nine thousand two hundred thirty-four, nine thousand two hundred thirty-seven and nine thousand two hundred forty-two of the Compiled Laws of eighteen hundred ninety-seven, as amended by act number fifty-five of the public acts of nineteen hundred one, are hereby amended to read as follows:

Court in chancery, when may order sale

of land, ete.

Order for hearing.

TITLE.

An act to authorize the sale in certain cases of land conveyed by deed, or devised by will, with or without power of sale.

SEC. 1. Whenever any person shall be seized or possessed of any lands, tenements or hereditaments conveyed by deed or devised by will to such person for life, with or without power of appointment by will or sale, or of any lands, tenements or hereditaments devised to such person in trust, without power of sale, the circuit court in chancery for the county where such property is situated, may, on the petition of such person having a life estate, order that such land, tenement and hereditaments, or any part thereof be sold under the direction of the court, whenever by a proper showing by witnesses produced before the court it shall satisfactorily appear that the rights of the interested parties will otherwise be jeopardized.

SEC. 4. Said court shall thereupon enter an order, requir ing all persons interested in said property to appear before said court, at a time to be therein named, and show cause if any exist why the prayer of said petition should not bé granted, which order shall be returnable not less than six

weeks nor more than twelve weeks from the date thereof, and a copy of such order shall be personally served upon Service. all persons interested in said land if found in the State of Michigan at least ten days before the return day thereof, and shall be published once in each week for three successive Publication. weeks preceding the return day thereof in a newspaper printed and circulated in the county where such property is situated, and in the county in which the petitioner resides, and in such other place or places as the court may direct: Provided, That when such application shall be made by any Proviso, trustee, a copy of such notice shall also be personally served by trustee. upon the cestui que trust, at least ten days before the return day thereof.

application

to be contrary

SEC. 9. No sale or conveyance of any kind shall be made Sale, etc., not of any property contrary to any specific provisions in regard to deed or will. thereto contained in the deed of conveyance, or in the will under which the petitioner holds the said property. Approved April 30, 1909.

[No. 57.]

AN ACT to amend section ten of chapter thirteen of the revised statutes of eighteen hundred forty-six, entitled "Organization, powers and duties of counties," the same being compiler's section two thousand four hundred fortyeight of the Compiled Laws of eighteen hundred ninetyseven, relative to jurisdiction of counties bordering on Lake Michigan.

The People of the State of Michigan enact:

amended.

SECTION 1. Section ten of chapter thirteen of the revised Section statutes of eighteen hundred forty-six, entitled "Organization, powers and duties of counties," the same being compiler's section two thousand four hundred forty-eight of the Compiled Laws of eighteen hundred ninety-seven, relative to jurisdiction of counties bordering on Lake Michigan, is hereby amended to read as follows:

counties

Michigan.

SEC. 10. The counties now existing, or which may be here- Jurisdiction of after organized, bordering upon the shore of Lake Michigan bordering on shall have jurisdiction of all offenses committed on that part Lake of Lake Michigan which lies within the limits of this State; and such offenses shall be heard and tried in either of the two counties nearest the place where the alleged offense was committed.

Approved April 30, 1909.

Board of

supervisors or
auditors,
duty of.

Claims, how paid out.

Appeal in case of disallowance.

Bond.

County clerk,
duty of
upon notice
of appeal.

Certificate.

Action, entry of.

[No. 58.]

AN ACT relative to the adjustment and payment of claims against counties, and to provide appeals from the disallowance thereof.

The People of the State of Michigan enact:

SECTION 1. It shall be the duty of the board of supervisors of each county, or the board of county auditors in counties having a board of county auditors, to adjust, allow and authorize the payment of all claims against the particular county, and any claims not adjusted and ordered paid by the said board of supervisors or board of county auditors, as the case may be, except as provided in this act, shall not be paid. Any claim or any part or portion thereof which may be adjusted or allowed by the board of supervisors or the board of county auditors shall be paid out of the county treasury in the manner provided by general law.

SEC. 2. When the claim of any person, firm or corporation against a county shall be disallowed in whole or in part by the board of supervisors or board of county auditors, such person, firm or corporation may appeal from the decision of such board to the circuit court for the same county, by causing a written notice of such appeal to be served on the county clerk within ten days after the date of such disallowance. The appeal herein authorized shall be of no force or effect, unless there is filed with the county clerk, at the same time the notice of appeal is served, a bond for two hundred dollars running to the county with sufficient surety, to be approved by the county clerk, conditioned for the faithful prosecution of such appeal and the payment of all costs that may be adjudged against the appellant.

SEC. 3. The county clerk upon being served with such notice of appeal shall immediately give notice thereof to the prosecuting attorney, and make out a brief return of the proceedings of the board of supervisors or board of county auditors relating to such claim, with the decision thereon, and attach thereto the notice of appeal and all other papers in the case in his possession or which may have been before the auditing board, together with his certificate that such return is a true statement of the proceedings of the auditing board in regard to the decision appealed from, and that the notice of appeal, bond and other papers are all the papers in his possession or which were before the auditing board relating to such appeal, and forthwith file same in his office.

SEC. 4. The county clerk shall, as soon as the said return is filed in his office, enter in the circuit court record an action in which the claimant shall be plaintiff and the particular county defendant. The claimant shall not be per

mitted to file any amended or different claim from that presented to the board of supervisors or board of county auditors. The statement or return of the proceedings before the au- Declaration. diting board, prepared and filed in the office of the county clerk, shall be equivalent to a declaration in such action, and the defendant may file its plea thereto within twenty Plea. days after such appeal is taken. Every appeal thus taken How tried and to the circuit court shall be docketed among the other causes pending therein, and shall be heard, tried and determined as an original cause, and the practice in the circuit court shall be followed in all such matters, except where the contrary is herein expressed.

determined.

SEC. 5. When an appeal is taken by a person, firm or Appeal by corporation not a party to the proceeding before the board in interest. of supervisors or board of county auditors, such appeal may upon motion be dismissed, unless such person, firm or corporation shall file with the clerk of said circuit court an affidavit setting forth that the said appellant has an in- Affidavit. terest in the matter and is aggrieved by the decision of the auditing board, and alleging explicitly the nature of the interest. If upon appeal the claimant shall recover anything Costs, how in addition to the amount allowed by the board of super- apportioned. visors or board of county auditors, costs shall be granted the claimant regardless of the amount so recovered. If nothing shall be allowed in addition to the amount authorized by the auditing board, the defendant shall have costs. If the appeal is from the action of the board of supervisors or the board of county auditors allowing a part of a claim, the court may examine all the items thereof and give the defendant the benefit of the aggregate amount allowed thereon, and if it shall appear that the appellant or claimant has been allowed all that he is entitled to, he shall be entitled to judgment for that amount, and the defendant shall recover costs: Provided, That a term fee or attorney fee Proviso, term shall not be allowed in any case.

or attorney

fees.

how paid.

SEC. 6. When the appellant shall be granted any sum Judgment, in addition to the amount allowed by the auditing board, when entered, the circuit judge may authorize the clerk of the court to enter a judgment in favor of the claimant for the amount, which judgment when properly entered shall authorize the county treasurer to pay the amount thereof to the claimant.

The circuit court may in all cases make a final determina- Final detertion of the proceeding which is appealed, or may return mination, etc. the said claim to the board of supervisors or the board of county auditors with an order how to proceed, and may require such board to comply with the final determination made by the court in the premises.

SEC. 7. It is hereby made the duty of the prosecuting Prosecuting attorney to represent the board of supervisors or board of attorney, duty county auditors in any such appeal, but he shall not re

of.

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