Act declaring character of municipal court. provide a municipal court in said city in the place and stead of justice courts, to provide a judge and associate judge of said court and to define the duties and fix the compensation of said judge and associate judge; and to limit the number, to define the duties, and fix the compensation of constables, and to repeal all acts or parts of acts inconsistent herewith," and to declare and constitute the judges thereof justices of the peace. The People of the State of Michigan enact: SECTION 1. The municipal court provided for by House enrolled act number seventy of nineteen hundred five, entitled "An act to amend sections one and two of chapter three; and section one of chapter twenty-three, and to add to said chapter twenty-three twenty-five sections to be known as sections two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twentythree, twenty-four, twenty-five and twenty-six of act number four hundred thirty of the local acts of eighteen hundred ninety-nine, entitled 'An act to amend and revise the charter of the city of Battle Creek,' approved June one, eighteen hundred ninety-nine, as amended by act number four hundred fifty-two of the local acts of nineteen hundred one, as amended by act four hundred seventy-eight of local acts of nineteen hundred three, approved May twenty, nineteen hundred three, and to establish and provide a municipal court in said city in the place and stead of justice courts, to provide a judge and associate judge of said court and to define the duties and fix the compensation of said judge and associate judge; and to limit the number, to define the duties, and fix the compensation of constables, and to repeal all acts or parts of acts inconsistent herewith," was intended to and is hereby declared to have all the authority, powers and jurisdiction of justices of the peace, and the municipal judge provided for therein, together with the associate judge when acting in his place and stead, was intended to be and is hereby declared to be and constitute, ex officio, a justice of the peace. This act is ordered to take immediate effect. [No. 611.] AN ACT regulating the determining and levying of money taxes for highway purposes in the township of Surrey, in the county of Clare. The People of the State of Michigan enact: voters. SECTION 1. At any township, meeting in the township of Qualified Surrey, in the county of Clare, the electors residing within the corporate limits of the village of Farwell, in such county, and not owning real estate outside of said village, shall not be qualified to vote upon the question of the amount of money tax to be levied and collected in such township for highway purposes. where applied. SEC. 2. The money tax voted to be levied and collected at Tax collected, any township meeting in said township for highway purposes shall be deemed to be for the exclusive benefit of the highways situated without the corporate limits of the said village and shall be levied upon the taxable property of said township, located without the corporate limits of said village. SEC. 3. In case the electors of said township, who do not Board to order tax levy. reside within the corporate limits of said village, shall neglect or refuse to vote a money tax for highway purposes at any annual township meeting therein, and it shall become the duty of the township board of said township to determine the amount of and to order levied such tax, said board shall order such tax levied upon the taxable property of said township as is situated wholly without the limits of said incorporated village. This act is ordered to take immediate effect. [No. 612.] AN ACT to provide for the locating and establishing of drains within the county of Ionia. The People of the State of Michigan enact: SECTION 1. In the county of Ionia no drain shall be lo- Drain, when cated or established or cleaned out, straightened, widened, established. deepened or extended unless the same shall be necessary to the public health, and the question of public convenience or welfare shall not be taken into any consideration in any proceedings to establish drains in said Ionia county. Application, Proviso. SEC. 2. In the county of Ionia, before any action can be by whom filed. taken by the drain commissioner under the general law, there shall be filed with him an application signed by the owners of over one-half of the value of the lands liable to an assessment for benefits in the construction of the proposed drain as shown by the last assessment roll of said lands: Provided, That in the county of Ionia, before any action can be taken by the drain commissioner to sell any drain or any part thereof, the drain commissioner shall make an actual assessment of all lands benefited by such drain, and after such assessment is completed and before anything further can be done, there shall be filed with the drain commissioner an application signed by the owners of land of over one-half of the value of benefits in the construction of the proposed drain according to the assessment made by the Non-receipt of drain commissioner on said proposed drain. If, for any reason, the drain commissioner does not receive an applica tion signed by the owners of land of over one-half of the value for benefits in the construction of the proposed drain within sixty days, said proposed drain shall stand suspended and nothing further shall be done towards the construction of said proposed drain. application. Location. Supervisors, powers of. May determine number of employes and fix compensation. Statement under oath. Allowance of items. In locating such drain in said Ionia county, the county drain commissioner shall be limited and confined to the precise starting point, route and terminus as set forth in the application for such drain. SEC. 4. The board of supervisors of Ionia county, at any session thereof, may from time to time, by resolution, fix and determine such further conditions other than those herein set forth, to be complied with before all or any contract shall be made or entered into for the construction, improvement or clearing out of any drain as provided by the general drain law, as to such board shall seem necessary and proper to protect all persons and townships that may be affected by the proceedings; and no contract or expenditure shall be made or entered into by the drain commissioner or his deputy without first complying with such conditions. Such board may in like manner fix and determine the number and kind of employes the drain commissioner may employ and fix their compensation, and they may require that said commissioner in each year report to the board, at their October session, a full and detailed statement and account, under oath, of the time actually spent by him during the year, in the discharge of his duty, and for what purpose, the names of all employes, and the time actually spent by each, and for what purpose their labor was performed, and the amount paid or agreed to be paid on each drain and also all other expenditures and the names of all persons to whom moneys have been paid, and the amount paid each, and the purpose for which said expenditure was made. The board may allow or disallow any item in whole or in part, and items charged commissioner. in such report and account and only so much thereof shall be paid as shall be thus allowed, and no more than one-half of the several items in such report and account shall be paid, or ordered drawn therefor, under the provisions of section six, chapter nine of the general law, until such accounts have been thus allowed by the board of supervisors, as in this section provided. Such board of supervisors of Ionia May remove county may, by a majority vote of all the members elect, remove such drain commissioner or his deputy or both of Ionia county, and appoint another in his or their place or stead: Provided, That the drain proceedings now pending in Ionia Proviso. county, in which contracts for construction of drains have not already been let, shall stand suspended and nothing further shall be done regarding the same, until the board of supervisors of Ionia county shall have taken action under the provisions of this section in the first instance: And it Further is further provided, That in the county of Ionia no work upon a drain shall be accepted, unless so accepted by a board consisting of the drain commissioner, the supervisors and highway commissioners of the townships through which said drain passes or is constructed and such work must be accepted by a majority of said board: And it is further pro- Further proviso. vided, That in said county of Ionia no money shall be paid on any section of a drain until said section is fully completed according to contract and accepted by said board. This act is ordered to take immediate effect. Approved June 7, 1905. proviso. [No. 613.] AN ACT to fix the salary and prescribe the duties of certain officers in the county of Kent. The People of the State of Michigan enact: salary of. SECTION 1. That the probate judge of the county of Kent Officers, shall receive a salary of twenty-eight hundred dollars per annum, and the circuit court commissioners of the county of Kent shall receive a salary of fifteen hundred dollars per an-. num. The officers named shall not directly nor indirectly, No other through their deputies or any other person in their respec- compensation. tive offices, receive any compensation other than said salary for the performance and discharge of any duties growing out of their office, or for making certificates, drafting papers, administering oaths, as notary public or otherwise, or for performing any other service in any manner connected with the duties of their respective offices. All moneys received for any such services and all moneys received as interest Proviso. Further proviso. upon any funds in the hands of the said officers by virtue of their offices, shall belong to the county of Kent: Provided, That the board of supervisors may, by a majority vote of all the members elect, give such additional salary to the judge of probate as may seem just and proper: Provided further, That this act shall not be construed to repeal or affect any action heretofore taken by said board of super visors to give said judge of probate such additional salary. Approved June 7, 1905. Sections amended. [No. 614.] AN ACT to amend sections nineteen, twenty and twenty-two The People of the State of Michigan enact: section SECTION 1. Sections nineteen, twenty and twenty-two in title five; section one in title seven; sections nine, fourteen, seventeen and nineteen in title eleven; section sixteen in title sixteen of act number four hundred five of the local acts of Michigan for the year eighteen hundred ninety-three, entitled "An act to reincorporate the city of Lansing, in the county of Ingham, and to repeal all acts and parts of acts in conflict herewith," as amended, are hereby amended and a new section is hereby added to said title sixteen to stand as section eighteen, so that said amended sections and said added section shall read as follows: Constables, powers and duties of. TITLE V. SEC. 19. The constables of the city shall have the like powers and authority in matters of civil and criminal nature and in relation to the service of all manner of civil and criminal process as is conferred by law upon constables in townships. They shall have power to serve all processes issued for breaches of the ordinances of the city and shall be exofficio members of the police force of said city. They shall |