Proviso, when order to stand. Consolidation of townships, Joint session appraisal, etc. such resolution or order so entered, or a certified copy thereof, shall be prima facie evidence in all courts and places of jurisdiction of the regularity of such proceedings for removal, and said State superintendent shall file a similar copy of the proceedings in the records of his office: Provided, That if the party so removed shall, within thirty days after such removal, institute proceedings before a court of competent jurisdiction for the setting aside of such order for removal from office, or if after said thirty days such proceedings to obtain such removal shall be discontinued or dismissed, the said order for removal from office shall stand and not be subject to attack by any legal proceedings thereafter. SEC. 24. When any township district comprising one townboard to act: ship shall be divided into two or more townships or when any two townships are consolidated for school purposes, the existing board or boards of trustees shall continue to act for all the townships until the same shall have been organized and the township boards of trustees duly elected and qualified therein. Immediately after such organization the township boards of education of each of the townships shall meet in joint session and direct an appraisal of all the school property of the former township to be made. When such appraisal has been made said township boards of education shall make an equitable division of the existing assets and liabilities of the school districts of such former township, basing their apportionment upon the amount of taxable property in the township divided, as shown by the last assessment roll of such Alteration of former township. When a township district shall be altered in its limits by annexing a portion of its territory to another township or townships, the township boards of education of such townships shall, immediately after such alteration, meet in joint session and make an equitable division of the assets and liabilities of the school districts of the township from which the territory has been detached, basing their division upon the amount of taxable property as the same shall appear upon the last assessment roll of such township. district. Appeal from action of board. Supt. of public instruction, duty of. SEC. 25. When any ten or more qualified voters in any township district shall feel themselves aggrieved by any action, order or decision of the board of education with reference to the formation of any school, the division or arrangeinent of any territory, or location of the schools, or the maintaining of school in any part of said district, they may, at any time within ninety days from the time of such action on the part of said board of education, appeal from such action, order or decision of said board of education to the State Superintendent of Public Instruction, and notice of such appeal shall be served on the secretary of the board of education. The Superintendent of Public Instruction, upon the receipt of such appeal, shall have power to entertain such appeal, and review, confirm, set aside or amend the action, order or decision of the board of education thus appealed Said from, or if in his opinion the appeal is frivolous or without Approved May 19, 1909. [No. 118.] AN ACT to amend sections one and two of chapter two, section two of chapter three, section one of chapter six, sections one, two, three, five and six of chapter nine, of act number two hundred fifty-four of the public acts of eighteen hundred ninety-seven, entitled "An act to provide for the construction and maintenance of drains and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto," as amended, being sections four thousand three hundred ten, four thousand three hundred eleven, four thousand three hundred twenty, four thousand three hundred fifty-four, four thousand three hundred eighty-six, four thousand three hundred eighty-seven, four thousand three hundred eighty-eight, four thousand three hundred ninety and four thousand three hundred ninetyone, respectively, of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: amended. SECTION 1. Sections one and two of chapter two, section Sections two of chapter three, section one of chapter six, sections one, two, three, five and six of chapter nine, of act number two hundred fifty-four of the public acts of eighteen hundred ninety-seven, entitled "An act to provide for the construction and maintenance of drains and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto," as amended, being sections four thousand three hundred ten, four thousand three hundred eleven, four thousand three hundred twenty, four thousand three hundred fifty four, four thousand three hundred eighty-six, four thousand three hundred eighty-seven, four thousand three hundred eighty-eight, four thousand three hundred ninety and four thousand three hundred ninety-one, respectively, of the Compiled Laws of eighteen hundred ninety-seven, are hereby amended to read as follows: County drain election of. Term of office. Vacancy, how filled. CHAPTER II. SEC. 1. At the regular biennial election to be held on commissioner, the Tuesday succeeding the first Monday in November, nineteen hundred ten, and every second year thereafter, one county drain commissioner shall be elected in every organized county in this State by the qualified electors thereof. The term of office of such county drain commissioner shall begin on the first day of January next succeeding his election and continue for a period of four years thereafter and until his successor shall be elected and qualified, and who shall be incapable of holding the office of county drain commissioner longer than four years in any period of eight years. In case of a vacancy occurring in the office of county drain commissioner for any cause, the same shall be filled as soon as practicable thereafter by the appointment by majority vote of the county clerk, prosecuting attorney and judge of probate of the county, of which appointment they will file their certificate under their hands and seals in the office of said county clerk; and it shall be the duty of the county clerk to make report to the Secretary of State of the appointment and qualification of said county drain commissioner. Such county drain commissioner, whether elected or appointed to fill a vacancy, before entering upon the duties of his office, shall take, subscribe and file with the county clerk the constitutional oath of office, and shall also within the same time execute and file with such county clerk a bond to the people of the State of Michigan in the penal sum of ten thousand dollars with two or more sufficient sureties, to be approved before filing by the county. clerk, county treasurer and judge of probate, conditioned upon the faithful discharge of the duties of his office. Oath and. bond. Present incumbents. SEC. 2. All county drain commissioners holding such office on December thirty-first, nineteen hundred nine, shall continue to be such commissioners until their respective successors are elected and qualified in accordance with the provisions of the foregoing section. Commissioner to notify township clerk. CHAPTER III, SEC. 2. Upon the filing of such application, the county drain commissioner authorized to act thereon shall as soon as practicable thereafter notify the township clerk or clerks of the township or townships through which the proposed drain clerk. board. tion. passes of the filing of such petition, giving a copy or copies thereof. Upon the receipt of such notice or notices it shall Duty of 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 Meeting of said notice the township board or boards shall meet, and if trip more than one township be affected, then the board shall meet in joint session to determine the necessity of said drain and whether the same is necessary and conducive to public health, convenience and welfare. At such meeting all Hearing. persons owning lands liable to assessments for benefits, or whose lands would be crossed by said drain, may appear for or against said drain proceedings. After hearing the Determinaevidence so offered as herein provided by all persons appearing for or against the drain proceeding, the board or boards, as the case may be, shall make their determination upon the necessity of said drain and whether the same is necessary and conducive to public health, convenience and welfare. If the board or boards shall find by a majority vote that the said drain is not necessary or conducive to the public health, convenience and welfare, they shall dismiss the petition and no further petition for said drain shall be legal if made within one year after such determination. If said board or Petition, disboards by a majority vote shall find said drain so proposed to be necessary and conducive to the public health, convenience and welfare, they shall make their order to that effect and file the same with the said county drain commissioner. members of the township board or boards for their services under 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 township or townships, when the proposed drain is found by them to be necessary and conducive to the public health, convenience and welfare. Said commissioner shall, as a means of deter Survey, etc. mining the practicability thereof, make a survey and measurement of the line of the proposed drain, or cause the same to be made by a competent surveyor. If upon such survey he shall find such drain to be practicable he shall within ninety days make his first order of determination in writing in accordance therewith, therein particularly naming such drain, by which it shall thereafter be known, and shall establish the commencement, route and terminus of such drain, and the width, length and depth thereof, and shall set survey or grade stakes not more than eight rods apart. For such purposes he shall have the right to enter upon any such lands traversed by the route of the proposed drain or otherwise connected with the purpose of the proceeding. In locating such drain the county drain commissioner shall not be limited or con missal of. The Compensation. Record of. fined to the precise starting point, route or terminus set forth in the application. The record or minutes of the survey shall show the line and route of the drain, the point where the line of the drain crosses the boundary lines of each owner's land and the length thereof upon his land and the width of surface excavation that will be required in its construction, and shall also show by words or letters and figures the width of ground that will be required for the disposition of earth, and every release of right of way shall be deemed to include the extreme width thus shown, Deputies, appointment CHAPTER VI. SEC. 1. Within ten days after the letting of contracts, or in case of an appeal, then forthwith after such appeal shall have been decided, the county drain commissioner shall make a computation of the entire cost of such drain, which shall include all the expense of locating, establishing and constructing the same, including cost of survey, fees and expenses of special commissioners or jury, and amount of contracts for construction, also the cost of appeal in case the assessment of benefits made by the county drain commissioner shall not be sustained, and all other expenses, and he shall add the whole into gross sum, and add thereto five per cent of said gross sum to cover contingent expenses, and the entire sum so ascertained shall be deemed to be the cost of construction of such drain. In case the drain and the assessment therefor shall affect more than one township or one or more townships and an incorporated city or village, the county drain commissioner shall apportion such sum between the several townships, or townships, city, village or county affected upon the basis and per cent determined upon by him as provided in section one of chapter five; or in case of an appeal, then as provided in section four of chapter five. CHAPTER IX. SEC. 1. Any county drain commissioner may appoint a and duties of deputy or deputies, as the board of supervisors may approve, and revoke such appointment at pleasure, such appointment to be made in writing and filed with the clerk of the county; and whenever by reason of sickness, absence or sufficient cause, the county drain commissioner shall be unable to execute the duties of his office, such deputy or deputies shall execute the same until such disability shall be removed. In all other cases he shall perform the duties of his office in perProvided, That such appointment when made shall be with the consent of the bondsmen of the county drain commissioner, and be in writing and filed with the clerk of said county: Provided further, That such deputy or deputies, Proviso. Further proviso, to file bond. |