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Terms of office of ap

and sixty-nine, recommend in writing to a court of record in and for said county, throo or more electors and inhabitants of said county, and not supervisors, to be known as drainage commissioners of such county; and said court of record, if it approve the persons so recommended, shall certify severally the appointment of three of them, on such recommendation, as

said drainage commissioners; certificates of such appointments Rejection of shall be filed with the county clerk. But said court of record persons unqualified. may reject any of the persons so recommended, as unsuitable

or unqualified for said office, and upon like recommendation, or upon petition of twonty resident freeholders, shall appoint other discreet freeholders, electors and residents in said county, to complete the said number of three such drainage commissioners, and certify such appointment to the county clerk as

aforesaid. One of said commissioners shall be appointed for pointees. the term of one year, one for the term of two years, and one

for the term of three years, each to hold his office until another shall be appointed in his place and duly qualified; and at their annual session in each year thereafter, the board of supervisors

may recommend, and the court appoint one commissioner for When board three years, and until his successor is chosen and qualified. In sors neglect case of the neglect or refusal of the board of supervisors of mond.

any such organized county so to recommend, and a court of record to appoint such commissioners, it shall be obligatory upon said board and such court to mako such recommendation and appointment, upon presentation to them of a petition

signed by fifty resident freeholders of the county, praying that Oath of com such commissioners be appointed. Before entering upon their missioners; where fled duties as commissioners, they shall severally make oath, before

some person duly authorized to administer oaths, that they will justly, faithfully, and impartially discharge their duties as such

to recom

drain commissioners, which oath shall be by them filed in the Organiza- county clerk's office, and they shall thereupon choose one of

their number as chairman and one as clerk, which shall consti. tute them an organized board of commissioners. Every chairman and clerk of such board of commissioners shall, within

tion of board.



ten days after he is chosen as such, and before entering upon Bond of the duties of his office, file in the office of the county clerk and clerk a bond to the county, with two or more good and sufficient sureties, in a penal sum of not less than two thousand dollars, and more, if the board of supervisors shall so order, for the faithful and impartial performance of his duties as such chairman or clerk, respectively, and for the disbursement of the drainage fund, according to law; and the county clerk shall, approval

and bling of before filing said bond in his office, certify on said bond his same. approval of the said bond and its sureties. Said commissioners Power of shall have power, and it shall be their duty, on application, as ers. provided in this act, to lay out, establish, and cause to be constructed such ditches and drains, and to clear out, straighten, and deepen such streams and water-courses as they may deem necessary for the public health, and to assess the damages, if any are allowed by them, to which any person or persons shall be entitled by reason thereof. All orders on the drainage fund Orders on shall be drawn by the clerk and countersigned by the chairman fund; record of said board of drain commissioners; and the clerk of said board shall record in a book or books, to be provided by the county for that purpose, the proceedings of said commissioners, and shall file and preserve in his office all papers pertaining thereto, and deliver the same to his successor in office. Vacan- Vacancies in cies in said board of drain commissioners may be filled by a blled.

board; how court of record in and for said county, on application, in writing, of the remaining members of said board and the sheriff of the county; appointments so made to fill vacancies shall be valid only till the next annual meeting of the board of supervisors. The three drain commissioners appointed and qualified Further according to this section, shall have power to lay out and con-commissionstruct drains, and assess damages, and to perform all other duties authorized to be done by the one drain commissioner and the jury, or the three special commissioners, as provided in the preceding sections of this act; and on application of ten Application or more owners of land in each township in which they ask to

by clerk

powers of



Acts ro pealed

have a drain constructed, it shall be the duty of said commissioners to so lay out and construct drains, either with or without a jury, or special commissioners, as provided for in sections five and six of this act.

Sec. 32. An act entitled “An act to provide for the drainage of swamps, marshes, and other low lands," approved March fifteenth, eighteen hundred and sixty-one, and all other acts or parts of acts, contravening the provisions of this act, are hereby repealed.

Sec. 33. This act shall take immediate effect.
Approved March 22, 1869.

Section amended.

Compensation of mombors.

[ No. 44. ] AN ACT to amend section three hundred and sixty-four,

of chapter ten, of the compiled laws, in relation to the compensation of members of boards of supervisors.

Section 1. The People of the State of Michigan enact, That section three hundred and sixty-four, of chapter ten, of the compiled laws, be and the same is hereby amended so as to read as follows:

Sec. 364. Each member of such board of supervisors shall be allowed a compensation of three dollars per day for his services and expenses in attending the meetings of such board, and six cents a mile for each mile necessarily traveled in going to and returning from the place of such meeting, to be audited by the board and paid by the county; which said amount shall be in full for all services and expenses in attending the meeting of such board of supervisors; and any supervisor receiving further or other compensation for such services, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars.

Sec. 2. This act shall take immediate effect.
Approved March 22, 1869.

[ No. 45. ] AN ACT to enable any township, city, or village to pledge its

aid, by loan or donation, to any railroad company now chartered or organized, or that may hereafter be organized, under and by virtue of the laws of the State of Michigan, in the construction of its road. Section 1. The People of the State of Michigan enact, That Townships

apd cities au it shall be lawful for any township or city to pledge its aid to thorized to any railroad company now chartered, organized, or that may or donation. hereafter be organized, under and by virtue of the laws of the State of Michigan, in the construction of its road, by loan or donation, with or without conditions, for such sun or sums, not limited to

ten per cent. exceeding ten per centum of the assessed valuation then last made, of the real and personal property in such township or city, as a majority of the electors of such township or city voting, Majority of

electors to shall, at a meeting or meetings called for that purpose, deter-determino. mine: Provided, That the total amount of outstanding indebt- Proviso. odness, exclusive of interest thereon, of any such township or city, incurred for any and all railroads, shall not exceed ten per cont. of the assessed valuation of the same at any one time: Provided, That the amount, exclusive of interest thereon, which Ibid shall become due or collectable in any one year, shall not exceed two per contum of the assessed valuation of such township or city, at the time of issuing the same: And provided Detroit not further, That the total amount which the city of Detroit may ceeding five

per cent. raise for such purposes shall not exceed five per centum of the assessed valuation of the real and personal property of said city. Sec. 2. It shall be the duty of the supervisor of any town- Supervisor

shall call ship, and the mayor of any city, to call a meeting or meetings meeting on

request of of the electors of their respective township or city whenever a thirty tax.

paying elecrequest in writing to do so shall be made by thirty tax-paying tors. electors of such township or city, and to give public notice Twenty days thereof, at least twenty days previous to holding such meeting, given. by posting the same in not less than five of the most public places in such township or city, and by the advertisement of the same in some newspaper published in the county wherein

to raise ex.

notice to be



Proviso. such township or city shall be: Provided, In the case of cities

or townships in which a daily or weekly newspaper shall be published, such publication shall be made in such newspaper, at least once in each week for three successive weeks next previous to the holding of such meeting: And provided, In the case of the city of Detroit, such notice shall be published in at least three daily newspapers for ten consecutive days previous to the holding of such meeting. Such request and notice shall specify the amount of aid, the conditions, rate of interest, the time of payment and manner of executing the bonds, and other particulars in regard to such aid not otherwise provided herein: And provided further, That no township or city shall, under the provisions of this act, hold more than two meetings in any one year, unless a majority of the tax-paying electors of such

city or township shall sign such request in writing therefor. Inspectors of Sec. 3. At sach meeting or meetings the township, city, or election; manner'or ward inspectors of elections shall act as inspectors of election.

The electors shall vote by ballot, (such ballot to contain the words “aid to railroad—yes,” or “aid to railroad-10," as the case may be) and shall be subject to challenge as at other township or city elections; and the proceedings at such meetings to be held under the provisions of this act, shall, in case of townships, be governed, so far as they may be applicable, by the general laws of this State relating to township elections, and in the case of cities, by the laws regulating their respective municipal elections; and illegal and fraudulent voting shall be

punishable in the same manner and to the same extent as at Record of other township or city elections. A copy of the request, and proeeedings.

also of the notice required by the provisions of section two of this act, shall be entered at large upon the records of the township or city, together with a statement of the result, and other essential particulars; and a certified copy of such record shall be in all courts and places, prima facie evidence of the

facts therein set forth. Iesuo of cou- Soc. 4. Any township or city that may avail itself of the benpon bonds.

ofits of this act by voting aid to any railroad company, as pro

Effect of copy of record,

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