ing the per cent of benefits to be paid by the lands and townships in each county on account of such proposed drain or improvement. Except as herein provided, the proceedings Proceedings. shall be according to the practice of such court. According Subpoenas. to the practice of such courts, subpoenas shall issue to the county drain commissioner of each county affected. Notice Notice. shall likewise be given to the townships which will be affected, and to the several owners of lands and persons interested therein, by publication in each county in some newspaper of general circulation in each county. Such notice shall recite What to recite. the names of the counties to be affected, the general course and approximate commencement and terminus of the drain in question or the legal name of the drain and the fact that lands and townships at large in the several counties will be liable to an assessment for benefits on the proposed proceedings upon the drain in question. It shall be unnecessary to recite the names of the townships or of the owners of lands or persons interested therein, who will be liable to be affected. Such notice shall be published once in each week for three Publication. weeks in succession as aforesaid to be published in a newspaper published and of general circulation in each county, if there is one, and shall be published by the register of the court to whom such application is made. Such notice shall also recite the time within which objections if any may be filed, which time shall be not less than two days after the time fixed in said notice. Such time may be fixed by the circuit judge at chambers. Such notice shall be deemed a complete service of notice upon all persons and townships interested in such proceedings. No objections shall be made to such application Objections. after such date so fixed, except by leave of court after notice to the county drain commissioners of the counties affected by the proposed proceeding. Thereafter all proceedings shall be had according to the usual course of procedure of chancery courts, with like power in the court to permit adjournments and to enter orders and decrees. Such matter shall stand for hearing at the next regular term after the date so fixed as aforesaid, without further notice; and the hearing of said matter shall take precedence over all other cases, excepting other drain matters. At the hearing thereof the court shall Court to hear hear the proofs and allegations of all parties in interest and proofs, etc. shall determine the per cent of the benefits of such proposed improvement to be paid by the lands and townships at large in each county in gross, the same to be determined according to benefits derived in each county; and shall make and enter a final decree accordingly, determining the same. Thereafter each county drain commissioner shall apportion the amount of the per cent of benefits so set off to his county in the manner herein before provided. The letting of contracts for the Contracts, construction or improvement of any drain traversing more than one county shall be let by all of the county drain commissioners acting jointly. No costs shall be taxable in the cir

how let.

Appeal.

cuit court in chancery, except in the discretion of the court, for motions to amend, adjourn, postpone or review hearings, papers, pleadings, orders or decrees. Any county drain commissioner shall have the right to appeal to the supreme court from any final order or decree of the court in the same manner and according to the practice of the court in other chancery cases. In such case the supreme court shall have the right to award costs as in other chancery cases. Any person or township affected by the final decree of the circuit court in chancery, considering himself aggrieved thereby, may review the same only by certiorari, application for which writ shall be made within thirty days after the entry of such final decree. The institution of proceedings under this section may be had without resorting to the proviso provided in section four of this chapter.

Cleaning out

of drain, ap

Clerk to call meeting.

CHAPTER VIII.

SECTION 1. Whenever a drain or any portion thereof needs plication for. cleaning out, one-fourth of the freeholders whose lands are traversed by said drain liable to an assessment for benefits on account of the proposed improvement, may make application in writing to the county drain commissioner of the county in which such drain is located and the lands to be affected thereby are situated, setting forth the necessity of such proposed work, and the county drain commissioner shall, as soon as practicable thereafter, notify the township clerk or clerks of the township or townships through which the said drain passes, of the filing of such petition, giving a copy or copies thereof. Upon the receipt of such notice or notices, it shall 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 said notice, the township board or boards shall meet, and if more than one township is affected, then the boards shall meet in joint session to determine the necessity of the proposed work. At such meeting all persons owning lands liable to an assessment for benefits, or whose lands are crossed by said drain, may appear for or against said drain proceedings. After hearing the evidence so offered as herein provided by all persons appearing for or against the proposed work, the board or boards, as the case may be, shall make their determination When petition upon the necessity of the said proposed work. If the board or boards shall find by a majority vote that the said proposed work is not necessary, they shall dismiss the petition and no further petition for the same purpose shall be legal if made within one year after such determination. If said board or

Determination.

dismissed.

boards by a majority vote shall find said proposed work to be necessary, they shall make their order to that effect and file

the same with the said county drain commissioner. The mem- Compensation bers of the township board or boards for their services under of members. 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 the township or townships when the proposed work is found by them to be necessary. In all cases in which the township board or boards Assessment. find the proposed work to be necessary, the county drain commissioner shall, as soon as practicable after the order of determination has been filed with him, go over the line of said drain and fix the per cent of the cost of cleaning out that the owners of lands benefited thereby and the several townships at large benefited thereby shall be assessed therefor. In case such drain is deepened, widened or straightened, he shall make his first order of determination and take the steps thereafter to be taken as heretofore provided for laying out and establishing drains: Provided, That such assessment shall be Proviso. made according to the benefits received and shall be subject to appeal the same as in the first instance. Drains may be cleaned out, deepened, widened or straightened, and for any or all such proceedings only one application and proceeding shall be necessary. It shall not be necessary for the applicants in such proceedings to further describe the drain or drains involved than by referring to the recorded name or names thereof, but a reference to a drain describing it by its commencement and terminus approximately and its general course or direction shall be sufficient without giving the name. In case where a water course shall need deepening, widening, cleaning out, straightening or extending, it shall be immaterial whether the application shall be to lay out and establish, clean out, deepen, widen, straighten or extend, but where a right of way shall be necessary the county drain commissioner shall take such steps to obtain a right of way as herein before provided.

companies not

SEC. 9. Railroad or railway companies, telephone or tele- Railroad, etc., graph companies shall not obstruct established drains, nor to obstruct, shall they lessen the area of any drain through their track bed, etc. The area herein referred to is a cross-section of the drain. In case any such company, without legal right, has constructed or shall construct any bridge or culvert over any established drain whereby the area aforesaid is decreased, the removal of such culvert or bridge shall not be deemed an element of damage in proceedings to deepen and widen such drain through such track bed. In case any railroad or railway company, May compe telephone or telegraph company shall obstruct any established removal. drain, or has constructed or shall construct any bridge or culvert over the same, leaving less capacity to the drain than such drain is legally entitled to, the county drain commissioner may, by mandamus proceedings in the circuit court of

Peremptory mandamus.

Certain

rights saved.

the county in which such obstruction shall occur, compel the removal of such obstruction. If necessary, issues of fact may be framed in such proceedings. In case the court shall find such drain to have been obstructed, it shall issue a peremptory mandamus compelling such company to remove such obstruction. The court may award costs in its discretion as in other mandamus proceedings. The practice herein shall be the same as in other motions for mandamus.

SEC. 2. Proceedings begun shall be carried on and completed under this act. All rights acquired before this act takes effect are hereby saved.

Approved June 2, 1909.

Public

moneys.

how deposited, etc.

Profits.

Proviso.

Proviso. amount limited.

[No. 321.]

AN ACT to provide for the depositing and safeguarding of public moneys belonging to villages within the State of Michigan.

ner:

The People of the State of Michigan enact:

SECTION 1. The legislative bodies of incorporated villages of this State are hereby authorized to provide for the depositing and safeguarding of public moneys in the following manThe treasurer of any incorporated village within the State of Michigan, upon giving bond as required by the council, may deposit all funds and public moneys of which he has charge in such bank or banks situated within the county which may seem best for the protection of said funds, which said deposit shall be subject at all times to the warrants and orders of the treasurer required by law to be drawn, and all profits arising from said deposit or deposits shall inure to the benefits of such funds: Provided, That such deposits shall in nowise release the treasurer from liability for any loss which may occur thereby. Such legislative body shall have authority to provide by ordinance or resolution for the deposit of all public moneys belonging to said village coming into the hands of the treasurer in a designated bank or banks situated within the county, and such bank or banks shall give a good and sufficient bond to be approved by said council in a sum equal to the maximum amount at any time to be deposited, conditioned for the safekeeping and return to the proper authorities of all moneys therein deposited by said treas urer: Provided, That there shall not be deposited in any one bank an amount in excess of the paid in capital stock and surplus of such bank, and not in any event to exceed two hun dred thousand dollars, and to determine in such ordinance or

proviso.

resolution the sufficiency of the security offered and all details for carrying into effect the authority here given: Pro- Further vided further, That all such proceedings in connection with the deposit of moneys shall be conducted in such manner as to insure full publicity and shall be open at all times to the inspection of any citizen: Provided further, That as to any Further deposits made under authority of an ordinance or resolution of the council pursuant hereto, neither the treasurer nor his bondsmen shall be liable for any loss occasioned thereby. All profits arising from said deposit or deposits shall accrue to the benefit of the general fund of such village. Approved June 2, 1909.

proviso.

[No. 322.]

AN ACT to amend section eleven of act number one hundred fifty-six of the public acts of eighteen hundred fifty-one, entitled "An act to define the powers and duties of boards of supervisors of the several counties and to confer upon them certain local legislative and administrative powers," being section two thousand four hundred eighty-four of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Section eleven of act number one hundred fifty- Section six of the public acts of eighteen hundred fifty-one, entitled amended. "An act to define the powers and duties of boards of supervisors of the several counties and to confer upon them certain local legislative and administrative powers," being section two thousand four hundred eighty-four of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows:

SEC. 11. The said several boards of supervisors shall have Boards of power and they are hereby authorized at any meeting thereof lawfully held:

First, To purchase for the use of the county any real estate necessary for the erection of buildings for the support of the poor of such county, and for a farm to be used in connection therewith;

Second, To purchase any real estate necessary for the site of any court house, jail, clerk's office or any other county building in such county;

Third, To fix upon and determine the site of any such building, if not previously located;

Fourth, To authorize the sale or leasing of any real estate

supervisors, powers of.