concerned. and whose duty it shall be, to call a special meeting of said board not more than twenty nor less than ten days from the time he shall receive the petition, and it shall be his duty to inform all the members of said board to be found in the county, of such meeting, and the purpose thereof, at least five days before such meeting is to be held. And at whatever meet- Petitioners to ing such petition is to be heard and it shall be the duty of townships, such petitioners to give notice, in writing, to the township villages, etc., board of each township named and to the common council of any city, as well as to the village council of any village named, of their intention to ask for the hearing of the same at such meeting, and of the purpose thereof, which notice shall be When and how delivered to the clerk of every such township, city or village, and if such clerk is not readily found, then to any member of the township board, or the mayor, or some member of the common council of the city, or a member of the village council, as the case may be, at least seven days before said board is to be asked to hear said petition. delivered. supervisors. of road or bridge; SEC. 3. At such meeting said board of supervisors shall Duty of have power, and it shall be their duty, to grant or refuse the prayer of said petition. And if they shall grant the same, To describe kind they shall describe the kind of bridge or road to be built and limit of cost. the limit of cost which it shall not exceed, and for the purpose of facilitating their determination of the kind and cost of the bridge or road or the building or repairing thereof, each township, city and village named in the petition may present a plan or plans and specifications of such proposed bridge or road or the building or repair thereof, with or with out drawings, and an estimate of each as to cost. Said board Proportion shall also determine the quota or proportion which each town- of payment. ship, city and village named shall contribute thereto, and whether the whole amount shall be raised the first year or a part, and what part the first and what part the second year, but no part of it shall be deferred more than two years. They Determine quota shall also determine the quota of each, towards keeping the of each for same in repair, which shall remain the same til altered by said board, or by the consent of each township, city and village, which is a party to this proceeding. cost; settle terms repairs. to open account how designated. SEC. 4. Upon determining that such bridge or road shall County treasurer be built, rebuilt or repaired and the other matters mentioned with township, in the preceding sections, then said board of said supervisors etc. shall order the county treasurer to open an account with each township, city and village, whose quota they have determined, under the designation of "bridge or road fund" Fund, (naming the bridge or road), charging to each the quota so assigned by the board, which order such treasurer shall be bound to obey; and such board shall thereupon, through County clerk to their clerk, within five days after such order, serve a copy of order. the same upon the officer and all officers of each township, city and village authorized by law to assess township taxes in such township, city taxes in such city, and village taxes in such village, as well as upon the clerk of each respectively, serve copy of Assessment and Bond of collectors. and upon the officer or officers in each township, city and vil lage named, authorized by law to collect such township, city or village taxes respectively; and thereupon such assessing collection of taxes. officer or officers shall be bound to assess, and such collecting officer to collect in such several townships, city and village, respectively, the taxes for the same assigned to each respectively as its quota for the year in which, by the order of the board, the same is to be raised and this they shall proceed to do without the necessity of waiting any order therefor from any township, city or village authority. But each of said collectors shall, before proceeding to collect any such tax, give to the county treasurer a bond, with at least one good surety, in double of the amount of such tax to be collected by him for the year, and such collectors shall each be entitled to the same percentage or compensation as allowed by law for collecting township, city or village taxes respectively, which may be added to the tax by the collector if not included in the amount assessed. And the board of supervisors shall collection of taxes. issue their warrant to each of said collecting officers for the collection of such taxes and require each to pay over the respective amounts to the county treasurer to apply on such bridge or road fund, which warrant shall give to each of said collecting officers the like powers and impose the like duties as are or may be given to or imposed upon those collecting township taxes except as herein otherwise provided. Each of such collectors shall, as required by his warrant, pay over all funds collected, to the county treasurer and take his receipt therefor. Warrant for Board of let contract as an entirety or in parcels. SEC. 5. Said board of supervisors may, as a board or supervisors may through a committee of three of their members as their agent, at any time after they have made the order for raising such bridge or road fund by taxes as in their opinion the public. convenience require, contract for the building, rebuilding or repairing of said bridge or road as an entirety, or for any material or labor for the same if they should prefer to build, rebuild or repair it without contract as a whole (in which case they or their committee may employ an overseer) but in all cases to be payable only out of said bridge or road fund Notice of letting. When and as collected. If the building, rebuilding or repairing of the bridge, including materials, is let by contract, notice for not less than three consecutive weeks of the time and place of letting shall be published in some newspaper printed in the county, if any, or if none is published in the county, then by written or printed notice posted for at least three weeks in three of the most public places in each township, city or village named in the petition of the time and Shall determine place at which contract shall be let. The board also, as such, or through its committee of three acting as its agents, shall determine the amount and time when partial payments shall be made when this has not been fixed by special contract, as well as to determine when and whether such bridge or road or the building, rebuilding or repair thereof is completed ac amount and time of partial payments. Acceptance of work. cording to the plan or according to contract. But if the towoship board of each township and the city or village council of each city or village, in behalf of which it was built, shall admit to such board or its said committee and agents, its full completion, this shall be conclusive of the question. county, how SEC. 6. The board shall cause to be kept by its clerk a full Expense to the account of all expenses to the county in carrying this act into certified and paid. effect in any such case, and when the bridge or road or the rebuilding or repair thereof is completed, they shall through their clerk, certify such amounts to the county treasurer, who shall charge in the account of such bridge or road fund to each township, city, or village, its quota, in the same ratio established by the board for the bridge or road; and this amount together with any balance of the bridge or road fund unpaid shall be raised by tax by the order of the board in each township, city and village named, by tax to be assessed, collected and paid by the same officers and in the same manner as above required for the construction, rebuilding or repairing of said bridge or road. SEC. 7. Act number sixty-two of the public acts of eighteen Act repealed. hundred eighty-nine, entitled "An act to provide for building bridges situated partly in more than one township, or in one township or more than one, and partly in a city or incorporated village, when any such township, city or village shall be unwilling to join in or contribute to the building thereof," is hereby repealed. Approved June 17, 1905. [No. 307.] AN ACT to amend section eleven of act number one hundred eighty-nine of the public acts of nineteen hundred three, entitled "An act to provide for the exercise of the police power of the State over the affairs and business of corporations or persons engaged in urban, suburban and interurban transportation by the Commissioner of Railroads, and to define the powers and duties of said Commissioner of Railroads with reference thereto." The People of the State of Michigan enact: SECTION 1. Section eleven of act number one hundred Section amended. eighty-nine of the public acts of nineteen hundred three, being an act, entitled "An act to provide for the exercise of the police power of the State over the affairs and business of corporations or persons engaged in urban, suburban and interurban railway transportation by the Commissioner of Rail Duty of commissioner as to fences. When to order farm crossings, etc. roads and to define the powers and duties of said Commissioner of Railroads with reference thereto," is hereby amended to read as follows: SECTION 11. The Commissioner of Railroads shall have power and it shall be his duty to order the construction of fencing along the line of the right of way of any electric or street railway operated in this State whenever in his judg ment he deems it necessary, to prevent animals or stock from getting on such right of way; and he shall prescribe the manner of constructing such fencing and the time within which. it shall be done. The said Commissioner of Railroads shall also have power and it shall be his duty to order the construction of convenient and suitable farm crossings across the right of way and tracks of any electric or street railway, upon the application of the owner or owners of land lying upon both sides of such railroad track and being adjacent to such right of way, at such places over the right of way as shall be designated by the owner or owners of the lands lying on each side of said right of way. Approved June 17, 1905. Section amended. State Board of Agriculture, No. members, terms, etc. [No. 308.] AN ACT to amend section one of act number one hundred eighty-eight of the session laws of eighteen hundred sixtyone, entitled "An act to reorganize the Agricultural College of the State of Michigan, and to establish a State Board of Agriculture," as amended, said section being compiler's section eighteen hundred thirty-four of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section one of act one hundred eighty-eight of the session laws of eighteen hundred sixty-one, entitled "An act to reorganize the Agricultural College of the State of Michigan, and to establish a State Board of Agriculture," as amended, said section being compiler's section eighteen hundred thirty-four of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended so as to read as follows: SECTION 1. That a board is hereby constituted and established which shall be known under the name and style of the "State Board of Agriculture." It shall consist of seven members holding office for the term of six years each or until their successors are appointed and qualified, one of whom shall be a resident of the Upper Peninsula of this State besides the Governor of the State and the President of the State Agricul tural College, who shall be ex-officio members of the board. to appoint, to fill The Governor, by and with the consent of the Senate, on or When Governor This act is ordered to take immediate effect. [No. 309.] AN ACT to amend section ten of chapter twenty-five of the Compiled Laws of eighteen hundred ninety-seven, said section relating to changes of venue and being compiler's section three hundred nine of said compilation. The People of the State of Michigan enact: amended. SECTION 1. Section ten of chapter twenty-five of the Com- Section piled Laws of eighteen hundred ninety-seven, being compiler's section three hundred nine of said Compiled Laws, relative to change of venue, is hereby amended to read as follows: SEC. 10. Each of said courts may change the venue of any How courts may criminal action pending therein upon good cause shown and change venue. shall change the venue of any civil action pending therein upon the application of either party, made upon affidavit Affidavit, what to showing one or more of the following causes: First, That the judge has been engaged as counsel in the cause, prior to his election or appointment as judge, or is otherwise interested in the same. Second, That the judge is of kin to either party. Third, That the opposite party has an undue influence over the citizens of the county, or that an odium attaches to the applicant, or to his cause of action or defense, on account of local prejudice. Fourth, When the county is a party to the suit. Fifth, Showing to the satisfaction of the court that the convenience of witnesses and the ends of justice would be promoted by the change. Sixth, That the judge of the court, wherein such action is pending, is a material witness for the party applying for such change, show. |