[No. 120.] AN ACT to amend section twenty-two of chapter twenty-one of the revised statutes of eighteen hundred forty-six, said chapter being entitled "Hawkers and Peddlers," and said section being section five thousand three hundred thirty of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: amended. may sell without. SECTION 1. Section twenty-two of chapter twenty-one of the Section revised statutes of eighteen hundred forty-six, entitled "Hawkers and Peddlers," said section being section five thousand three hundred thirty of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows: SEC. 22. Nothing contained in this chapter shall be con- License, who strued to prevent any manufacturer, farmer, mechanic, or nurseryman from selling his work or production by sample or otherwise without a license (nor shall any peddler in meat or fish be prevented by anything herein contained from peddling such meat or fish without a license), nor shall any wholesale merchant be prevented by anything herein contained, from selling to dealers by sample without license, but no merchant Who to procure. shall be allowed to peddle, or to employ others to peddle goods not his own manufacture, without the license in this chapter provided. This act is ordered to take immediate effect. [No. 121.] AN ACT to amend act number two hundred nine of the public acts of eighteen hundred ninety-three, entitled "An act to establish a home and training school for the feeble minded and epileptic, and making an appropriation for the same," as amended, by adding thereto a new section to be known as section thirty. The People of the State of Michigan enact: SECTION 1. That act number two hundred nine of the pub- Act amended. lic acts of eighteen hundred ninety-three, entitled "An act to establish a home and training school for the feeble minded and epileptic, and making an appropriation for the same," is hereby amended by adding thereto a new section to be known as section thirty and to read as follows; When parents, to remove. SEC. 30. Any parent, or parents, guardian or custodian, etc., waive right who shall make application to have any person admitted to said institution, shall in said application waive all right to remove such inmate thereafter either permanently or for a limited time: Provided, That any inmate may be discharged upon written request of the Governor or person administering the government of this State: Provided, further, That the superintendent of said institution may grant a leave of absence to any inmate for a limited time. Proviso. Further proviso. Approved May 17, 1905. No person to drive stakes or set nets in certain territory. Exceptions. Proviso. Penalty for violation. Persons also civilly liable. [No. 122.] AN ACT to define and to protect fishing rights and privileges in that portion of Saginaw bay bordering on Arenac and Iosco counties, State of Michigan. The People of the State of Michigan enact: SECTION 1. No person shall drive any stakes for fishing purposes or set or place any nets in the waters of Saginaw bay contiguous or adjacent to the shores of Arenac and Iosco counties in said State, for a distance of two miles from said shores, unless such person is the lawful owner or occupant of the shore frontage, opposite to which said stakes are driven or nets set or placed, or unless such person shall have a license so to do from the said owner or occupant: Provided, That the provisions of this act shall not apply to the Charities or any other islands situated in Saginaw bay. Any person or persons offending against the provisions of this act shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be liable to a fine not exceeding one hundred dollars, or imprisonment in the county jail not more than ninety days, or both such fine and imprisonment in the discretion of the court; and such person or persons shall also be civilly liable, to be recovered in an action of trespass in any court having competent jurisdiction thereof, for all damages to the owner or occupant, or licensee therefrom, of the lands within the water frontage of which, as above defined, the unauthorized act or acts shall have been committed. This act is ordered to take immediate effect. [No. 123.] AN ACT to amend section one, act number fifty-six of the session laws of nineteen hundred three, entitled "An act to provide for the better drainage of highways in certain cases." The People of the State of Michigan enact: amended. SECTION 1. Section one of act number fifty-six of the ses- Section sion laws of nineteen hundred three, entitled "An act to provide for the better drainage of highways in certain cases," is hereby amended so as to read as follows: commissioner to of way. SEC. 1. Whenever it is necessary or more convenient for the When highway proper drainage of any highway in this State that the surplus open drain. water be taken onto or across the land adjacent thereto, the highway commissioner of the township in which said highway is situated, may secure the right of way and may open such drain or outlet for the water, and for these purposes may use any highway moneys of the township not otherwise appropriated, and such sums as may be voted for that use by the electors of the township, and he may also employ for that purpose the highway labor of the district in which such drain may be situated. The highway commissioner shall secure the right To secure right of way for any such drain by gift or purchase from the owners of the land to be crossed by such drain; but in case of purchase the purchase price must be approved by the township board before any money be paid thereon. Such right of way shall be acquired by deed duly executed by the owner or owners of the lands sought to be crossed by the said drain, and shall be taken in the name of the township wherein the same is located, and filed in the office of the register of deeds of the county before any highway money or labor shall be expended in opening such drain outside the highway limits. This act shall not apply to Alpena county. Approved May 17, 1905. [No. 124.] AN ACT to amend section two of act number two hundred thirty-one of the public acts of nineteen hundred three, entitled "An act authorizing organized townships in the State of Michigan to borrow money and to issue bonds therefor, for the purpose of providing for the better construction and care of highways in such townships." The People of the State of Michigan enact: SECTION 1. Section two of act number two hundred thirty- Section one of the public acts of nineteen hundred three, entitled "An amended. Commissioner to supervise improvement of roads, etc. How moneys paid out. act authorizing organized townships in the State of Michigan to borrow money and to issue bonds therefor, for the purpose of providing for the better construction and care of highways in such townships," is hereby amended so as to read as follows: SEC. 2. The commissioner of highways shall have charge and supervision, under the direction of the township board, of such graveling, macadamizing, building of stone roads, or any other improvements of the highways, of such township as may be authorized under the provisions of this act, and all moneys paid out therefor shall be paid on the order of the commisAnnual report of. sioner of highways, countersigned by the township clerk. Said commissioner of highways shall render to the township board at the annual meeting thereof, in each year, an account in writing, showing the extent of the improvements that have been made on the highways of the township, the roads that have been constructed, or partially constructed, and the amount of money that has been expended for the respective purposes: Provided, That where any townships have adopted the township road system as provided by act number one hundred forty-nine of the public acts of eighteen hundred ninety-three, entitled "An act to provide for a county and township system of roads and to prescribe the powers and duties of the officers having the charge thereof," and acts amendatory thereof, the road commissioners of such townships shall have charge and supervision as provided in said act number one hundred fortynine of the public acts of eighteen hundred ninety-three as aforesaid and amendatory acts; and all moneys paid out for the improvement of highways shall be paid out on the order of said township road commissioners of highways, countersigned by the township clerk. Proviso. This act is ordered to take immediate effect. Section amended. [No. 125.] AN ACT to amend section twenty-five of chapter seven of act number three of the public acts of eighteen hundred ninetyfive, entitled "An act to provide for the incorporation of villages within the State of Michigan, and defining their powers and duties," said section being section two thousand seven hundred ninety-three, of the Compiled Laws of eighteen hundred ninety-seven, and relating to the manner of paying expenses for the construction of sewers, drains and water courses in incorporated villages. The People of the State of Michigan enact: SECTION 1. Section twenty-five, chapter seven, of "An act to provide for the incorporation of villages within the State of Michigan and defining their powers and duties," is hereby amended so as to read as follows: etc., how paid. ment by special assessment. how numbered, , etc. SEC. 25. The expense of constructing sewers, drains and Expense of water courses may be paid by general tax upon all the taxable sewers, drains, property in the village; or such expenses may be defrayed by special assessment upon the lands and premises benefited by the drainage, in proportion to the benefits resulting to each lot or parcel of land respectively; or such part of the expense as the council shall determine may be defrayed by special assessment, and the remainder may be paid by general tax. And if Manner of paythe council shall declare that the expense of any sewer, or any part thereof, shall be paid by a special assessment upon the lands and premises benefited, then such special assessment may be paid in five parts, each part to contain a list of the lots or parcels of land constituting the special assessment district (which said special assessment district shall be determined by the council) with the names of the owners, if known, or occupants of each lot or parcel of land; and onefifth of the cost or expense of the work shall be assessed upon each one of said five parts. Such parts of the assessment roll Assessment roll, shall be numbered one, two, three, four and five, respectively, and any person so electing may pay part one and have an extension of time for the payment of parts two, three, four and five of one, two, three and four years, respectively. If part when whole one is not paid on or before the same shall become due, the amount due. whole amount of the assessment against any lot or parcel of land shall be due and no extension of time shall be granted thereon. Deferred payments shall draw interest at the rate Deferred payof six per cent per annum from the date of the confirmation of ments, to draw such special assessment roll by the council, and if any default shall be made in the payment of an installment or of the interest thereon, the whole amount of the assessment then yet remaining unpaid shall mature and become due and payable; and thereupon the same proceedings shall be had for the col- Proceedings for lection of the amounts still due, as are authorized by this act in case the owners or occupants have not elected to pay in installments. The village council shall have the power to issue Council may bonds of the village, bearing not to exceed six per cent interest, to the full amount of the unpaid assessments, and pledging the faith and credit of the village for the payment of said bonds out of such assessments when collected. Said bonds Terms of shall run for one, two, three and four years, respectively, and payment. all payments made on the deferred assessments shall be paid on and constitute a sinking fund for the payment of said bonds at maturity. Owners and occupants electing to pay by installments shall pay the full amount of the interest on each installment down to the maturity thereof, but may pay the principal and such interest into the village treasury before maturity, Contractors for the construction of sewers may be required to Contractors, how take their pay in such special sewer bonds; and if the council paid, etc. so declares, the notice of such declaration shall be included in the advertisement, or notice, calling for proposals to construct interest, etc. collection. issue bonds. |