Section amended. Sites for school houses, voters may designate number, and change. ing, what to state. may fix site. [No. 75.] AN ACT to amend.section one, of chapter eight, of act number one hundred sixty-four of the public acts of eighteen hundred eighty-one, and acts amendatory thereof, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act," being section four thousand seven hundred twenty-eight of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section one, of chapter eight, of act number one hundred sixty-four of the public acts of eighteen hundred eighty-one, and acts amendatory thereof, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act," being section four thousand seven hundred twenty-eight of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows: SEC. 1. The qualified voters of any school district, when lawfully assembled may designate by a vote of two-thirds of those present, such number of sites as may be desired for school houses and may change the same by similar vote at any annual or special meeting, or by the same vote may enlarge Notice of meet any existing site. Whenever the question of designating a school site or of changing a school site is to be brought before the school meeting, the notice of said meeting shall state the When inspectors intention to vote upon such question. When no site can be established by such inhabitants as aforesaid, the school inspectors of the township or townships in which the district is situated, upon notification by the district board that the district is unable to fix a site, shall determine where such site shall be, and their determination shall be certified to the director of the district and shall be final, subject to alteration afterwards by the inspectors, on the written request of two-thirds of the qualified voters of the district, or by two-thirds of the qualified voters agreeing upon a site at a district meeting lawfully called. Approved May 1, 1905. [No. 76.] AN ACT to amend section two of chapter ninety-seven of the revised statutes of eighteen hundred forty-six, entitled "Of the commencement of suits; of process and the service and return of original writs," being section nine thousand nine hundred eighty-five of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: amended. SECTION 1. Section two of chapter ninety-seven of the re- Section vised statutes of eighteen hundred forty-six, entitled "Of the commencement of suits; of process and the service and return of original writs," being section nine thousand nine hundred eighty-five of the Compiled Laws of eighteen hundred ninetyseven, is hereby amended to read as follows: (9985) SEC. 2. Actions brought for the recovery of any Certain actions,, debt, or for damages only, may be commenced, either: 1. By original writ; or, 2. By filing in the office of one of the clerks of the court a declaration, to which is attached, or upon which is endorsed, a rule requiring the defendant to plead to such declaration within fifteen days after the service of a copy thereof and notice of such rule, and serving a copy of such declaration, and notice of such rule personally on the defendant; which mode of commencing an action may be adopted against any person, whether privileged from arrest or not. Approved May 1, 1905. how commenced. [No. 77.] AN ACT to amend section thirty of chapter one hundred seven of the revised statutes of eighteen hundred forty-six, entitled "Provisions concerning actions and proceedings in certain cases," being section ten thousand four hundred of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section thirty of chapter one hundred seven of Section the revised statutes of eighteen hundred forty-six, entitled amended. "Provisions concerning actions and proceedings in certain cases," being section ten thousand four hundred of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows: r Distinction be tween "trespass" and "trespass on the case" abolished. (10400) SEC. 30. The distinction between the actions of "trespass" and "trespass on the case" is hereby abolished; and in all cases where "trespass" or "trespass on the case" has been heretofore the appropriate form of action, either of said forms may be used, as the party bringing the action may elect. And counts in trespass and trespass on the case may be joined in the same action. Approved May 1, 1905. Section amended, Chapters repealed. Proviso. [No. 78.] AN ACT to amend section eleven of act number two hundred nine of the public acts of eighteen hundred ninety-seven, entitled "An act to revise, amend and consolidate the laws for the incorporation of ecclesiastical bodies.” The People of the State of Michigan enact: SECTION 1. Section eleven of act number two hundred nine of the public acts of eighteen hundred ninety-seven, entitled "An act to revise, amend and consolidate the laws for the incorporation of ecclesiastical bodies," is hereby amended so as to read as follows: SEC. 11. Chapters one hundred seventy, one hundred seventy a, one hundred seventy-one, one hundred seventy-two, one hundred seventy-three, one hundred seventy-four, one hundred seventy-five, one hundred seventy-six, one hundred seventy-six a, one hundred seventy-seven, one hundred seventyseven a, one hundred seventy-seven b, one hundred seventyeight, one hundred seventy-eight a, of Howell's annotated statutes are hereby repealed: Provided, however, That notwithstanding the repeal of the above mentioned acts, all rights of whatever nature whether of incorporation, reincorporation, reorganization, existence, franchise, property or action now existing are expressly preserved, and the above mentioned acts for the enjoyment and enforcement of any such rights shall be deemed to be still in force, but for no other purpose whatsoever. This act is ordered to take immediate effect. [No. 79.] AN ACT to amend section one hundred of chapter fourteen of the revised statutes of eighteen hundred forty-six, relative. to county surveyors, as amended by act number one hundred of the public acts of eighteen hundred eighty-nine, being compiler's section two thousand six hundred twentytwo of the Compiled Laws of eighteen hundred ninety-seven, and to repeal act number one hundred ninety-five of the public acts of eighteen hundred ninety-nine, entitled "An act to provide for the filing of a copy of the minutes made by surveyors or civil engineers in the subdivision of all lands within this State." The People of the State of Michigan enact: amended. SECTION 1. Section one hundred of chapter fourteen of the Section revised statutes of eighteen hundred forty-six, relative to county surveyors, as amended by act number one hundred of the public acts of eighteen hundred eighty-nine, being compiler's section two thousand six hundred twenty-two of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended so as to read as follows: surveys. (2622.) SEC. 100. Each county surveyor shall record in a Surveyor to resuitable book, to be provided by him at the expense of the cord permanent county, all surveys for permanent purposes made by him and his deputies, also surveys for township highways and village plats. The record of each survey shall set forth the evidence What record to by which the surveyor determined or identified the corners or set forth. other starting points of his survey, describing the points fully, and also setting forth whatever means were taken by him to perpetuate them upon the ground or to assist in determining and preserving their location. The record shall show the object of the survey and the methods pursued by the surveyor in making it, diagrams of plats being used to illustrate the same when necessary or convenient to do so. Upon the dia- What diagrams grams shall be shown the courses and distances of such bound. ary lines as may have been located by the survey, and such other facts as may have been determined by it. Such diagrams To be part of shall be considered a part of the record. When the courses of the lines are given by the magnetic needle, the record shall show the amount and direction of the allowance made by the surveyor for the difference between the magnetic meridian and the true meridian. The record shall show the date of the sur- Record to show vey, the name of the person or persons for whom it was made, etc. and the persons employed as chainmen on the survey. The surveyor shall certify upon the record that he has carefully What surveyor to compared the record with the original field notes taken by him certify. at the time of the survey, and that it is a true statement of the to show. record. date of survey, field notes. etc. Diagrams, how used. to contain. To keep original facts of such survey, as shown by said original notes. Each county surveyor and his deputies shall keep the original field notes of all surveys made by them for permanent purposes, in books of convenient size and well bound in leather, to be furnished by the county surveyor, at the expense of the county. Notes, how taken, These notes shall be taken and set down in the manner in which field notes of the United States surveys are kept, and shall contain all the details of each survey, in the order in which the survey was made, including in full all calculations made by the surveyor to determine areas, or for measuring inaccessible distances, such as lake and river crossings, or for any other purpose required by the survey. Diagrams may be used for purposes of illustration, but shall not be used instead What field book of the written notes required to be kept. Each field book shall contain an index referring to the surveys of which it contains the field notes. It shall also contain the certificate of the surveyor who made the surveys, that the field notes therein contained are the complete original field notes of the surveys within referred to and described. These original field notes shall be a part of the record required to be kept by the county surveyor, and the books containing them shall be deposited and kept with the other surveyor's records of the county. Each deputy county surveyor, whenever one of these books shall be deputy surveyor, filed with field notes by him, shall deposit the same in the office of the county surveyor, and whenever his own term of office expires, shall turn over to the county surveyor such books as have been partly filled by him. The county surveyor shall ords, where kept. keep the field notes and other county surveyor's records in a fire-proof vault, in an office at the county seat, to be designated by the board of supervisors as a depository for the same, excepting that this shall not apply to the field books which are required to be used in the field by the surveyor in making his surveys, during the time when such books are thus being used. Records, open to The field notes and records required by this act shall be accessible to the public at any time, subject to such regulations as may be provided by the board of supervisors. The county surveyor and his deputies shall keep the records of their surveys required by this act written up in full for each month within seven days after the close of the month. Field notes of where filed, etc. Surveyor's rec public. Records to be written in full, monthly. Act repealed. SEC. 2. Act number one hundred ninety-five of the public acts of eighteen hundred ninety-nine, entitled "An act to provide for the filing of a copy of the minutes made by surveyors or civil engineers in the subdivision of all lands within this State," is hereby repealed. Approved May 1, 1905. |