when so appointed, shall file a bond with and to be approved by the county drain commissioner in the sum of two thousand dollars, conditioned for the faithful discharge of his duties. SEC. 2. Such county drain commissioner and his bondsmen shall be liable for all the acts and defaults of the deputy or deputies when appointed as herein provided. All drain orders, how orders issued for any purpose shall be drawn by the county drain commissioner: Provided, That no order shall be issued Proviso. against any drain fund for any purpose until the drain for which said fund was created has been located and the contract for building the same let. drawn. SEC. 3. The deputy county drain commissioner shall make Report of deputy, to a report to the county drain commissioner of all work per whom made. formed by him on or before the second Wednesday in September in each year, and shall receive for his compensation such sum as the board of supervisors shall allow, and all actual traveling expenses, for each day actually and necessarily spent by him in the discharge of his duties, as prescribed in section one of this chapter. salary of, SEC. 5. Each county drain commissioner shall receive an County drain annual salary to be paid as other county officers are paid, the commissioner, amount thereof to be fixed by the board of supervisors at its how paid. regular October session in the year nineteen hundred nine, and every two years thereafter, in the same manner as the salaries of other county officers are fixed, and in addition thereto shall be allowed his actual necessary expenses incurred in the discharge of the duties of his said office by the board of supervisors, to be paid by the county, which shall be in full for all services rendered and expenses entailed in the performance of the duties of his office; such expense account shall be an itemized account, and verified by his oath taken before a proper officer. how paid. SEC. 6. The accounts of such deputy or deputies shall be Deputy, itemized and verified by his oath before a proper officer; said accounts of, account shall be paid by the county the same as the expense account of said county drain commissioner is paid. The office of the county drain commissioner shall be furnished at the expense of the county by the board of supervisors and shall be maintained at the county seat, in which said office said county drain commissioner shall be and remain on the first Saturday of each month during the year. SEC. 17. All' acts or parts of acts contravening this act are Acts repealed. hereby repealed. Approved May 19, 1909. 35 Section amended. "Renovated Butter" in tub, firkin, etc., how labeled, etc. Wrappers to be stamped. Proviso, "Process Butter." [No. 119.] AN ACT to amend section two of act number two hundred forty-three of the public acts of nineteen hundred three, entitled "An act in relation to the manufacture and sale of renovated butter." The People of the State of Michigan enact: SECTION 1. Section two of act number two hundred fortythree of the public acts of nineteen hundred three, entitled "An act in relation to the manufacture and sale of renovated butter," is hereby amended to read as follows: SEC. 2. Whoever, himself or by his agent or as the servant or agent of another person, shall sell, expose for sale or have in his custody or possession with the intent to sell any renovated butter as defined in section one of this act, shall have the words "Renovated Butter" conspicuously stamped, labeled or marked in one or two lines and in plain Gothic letters, at least three-eighths of an inch square, so that the words cannot easily be defaced, upon two sides of each and every tub, firkin, box or package containing said renovated butter; or if such butter is exposed for sale uncovered, or not in a case or package, a placard containing said words in the same form as above described in this section shall be attached to the mass in such a manner as to be easily seen and read by the purchaser. When renovated butter is sold from such packages or otherwise at retail, in print, roll or other form, before being delivered to the purchaser it shall be wrapped in wrappers plainly stamped on the outside thereof with the words "Renovated Butter" printed or stamped thereon in one or two lines, and in plain Gothic letters at least three-eighths of an inch square, and such wrapper shall contain no other words or printing thereon, and said words "Renovated Butter" so stamped or printed on the said wrapper shall not be in any manner concealed, but shall be in plain view of the purchaser at the time of the purchase: Provided. If at any time the laws of the United States provide that butter manufactured as is described in this act, shall be labeled "Process Butter," then and in such case only shall such substitution be permitted and the labeling of said butter as "Process Butter" shall be deemed compliance with this act. Approved May 19, 1909. [No. 120.] AN ACT making an appropriation for the Mackinac Island State Park and for the Michilimackinac State Park for various purposes for the fiscal years ending June thirty, nineteen hundred ten, and June thirty, nineteen hundred eleven, and to provide a tax to meet the same. The People of the State of Michigan enact: amount of. SECTION 1. There is hereby appropriated from the general Appropriation, fund, to the Mackinac Island State Park fund, the sum of seven thousand five hundred dollars for the fiscal year ending June thirty, nineteen hundred ten, and the sum of seven thousand five hundred dollars for the fiscal year ending June thirty, nineteen hundred eleven, from any moneys in the State treasury not otherwise appropriated, to be used for general improvements in and about the Mackinac Island State Park, under the direction and supervision of the Mackinac Island State Park Commission: Provided, That Proviso. the Mackinac Island State Park Commission may obtain money under this section before July one, nineteen hundred nine, in such sums as they may by requisition certify to the Auditor General are necessary for immediate use, which sums, then advanced, shall be deducted from the amount appropriated for the fiscal year ending June thirty, nineteen hundred ten, when the appropriation becomes available: Provided further, That five per centum of the amount hereby Further appropriated shall be expended in each of the years mentioned, upon the Michilimackinac State Park, under the direction of the Mackinac Island State Park Commission. SEC. 2. The appropriation made by section one of this act How paid. shall be paid out of the State treasury to the treasurer of the Mackinac Island State Park Commission at such times and in such amounts as the general accounting laws of the State prescribe and the disbursing officer shall render his accounts to the Auditor General thereunder. proviso. SEC. 3. The Auditor General shall incorporate in the Tax clause. State tax for the year nineteen hundred nine the sum of seven thousand five hundred dollars, and for the year nineteen hundred ten the sum of seven thousand five hundred dollars, which when collected shall be credited to the general fund to reimburse the same for money hereby appropriated. Approved May 19, 1909. NOTE. The item of $7,500 in section one appropriated for the fiscal year ending June 30, 1911, and the provision in section three, providing for incorporating in the State tax for the year 1910 the sum of $7,500 were disapproved by the Governor, May 19, 1909. Section amended. Lien for labor, materials, etc., [No. 121.] AN ACT to amend section one of act number seventeen of the public acts of nineteen hundred three, entitled "An act to amend the title and sections one and twenty-nine of an act, entitled 'An act to establish, protect and enforce by lien the rights of mechanics and other persons furnishing labor or materials for building, altering, improving, repairing, erecting or ornamenting of buildings, machinery, wharves, and all other structures, and to repeal all acts contravening the provisions of this act,' being chapter two hundred ninety-six of the Compiled Laws of eighteen hundred ninety-seven," approved March twenty-six, nineteen hundred three. The People of the State of Michigan enact: SECTION 1. Section one of act number seventeen of the public acts of nineteen hundred three, entitled "An act to amend the title and sections one and twenty-nine of an act, entitled 'An act to establish, protect and enforce by lien the rights of mechanics and other persons furnishing labor or materials for the building, altering, improving, repairing, erecting or ornamenting of buildings, machinery, wharves and all other structures, and to repeal all acts contravening the provisions of this act,' being chapter two hundred ninetysix of the Compiled Laws of eighteen hundred ninety-seven," approved March twenty-six, nineteen hundred three, is hereby amended to read as follows: SEC. 1. Every person who shall, in pursuance of any when created.' contract, express or implied, written or unwritten, existing between himself as contractor, and the owner, part owner or lessee of any interest in real estate, build, alter, improve, repair, erect, ornament or put in, or who shall furnish any labor or materials in or for building, altering, improving, repairing, erecting, ornamenting or putting in any house, building, machinery, wharf or structure, or who shall excavate, or build in whole, or in part, any foundation, cellar or basement for any such house, building, structure or wharf, or shall build or repair any sidewalks, or shall furnish any materials therefor, and every person who shall be sub-contractor, laborer, or material man, perform any labor or furnish materials to such original or principal contractor, or any sub-contractor, in carrying forward or completing any such contract, shall have a lien therefor upon such house, building, machinery, wharf, walk or walks, foundation, cellar or basement, and other structures, and its appurtenances, and also upon the entire interest of such owner, part owner or lessee in and to the lot or piece of land, not exceeding one-quarter section of land, or if in any incorporated city or village, not exceeding the lot or lots upon or around or Extent of. in front of which such improvement is made, to the extent of the right, title and interest of such owner, part owner or lessee at the time work was commenced or materials were begun to be furnished by the contractor under the original contract, or by the sub-contractor who furnishes or is furnished with any labor or material in the performance or execution of such sub-contract and also the extent of any subsequent acquired interest of any such owner, part owner or lessee, and in case of the construction of a number of buildings, foundations, cellars, basements, or walks under one contract upon, around or in front of, the same lot or contiguous lots for the same owner, part owner or lessee, of any interest in the real estate upon which said buildings are situated or upon, around or in front of which said walk or walks are built or repaired, such lien for such material or labor so furnished, shall attach to all of said buildings, foundations, cellars, basements, walk or walks, together with the land upon, around or in front of which the same are being constructed, the same as hereinbefore provided in case of a single building, foundation, cellar, basement, walk or improvement: Provided, That any person, firm or corpora- Proviso, tion furnishing materials or performing labor of any kind notice to entering into the construction of any such building, struc- etc. ture, foundation, cellar, basement, or walk, shall within thirty days after furnishing the first of such material or performing the first of such labor to any contractor or sub-contractor, serve on the owner, part owner or lessee of the premises, or his agent a notice, which notice shall be such as will inform the owner, part owner or lessee of the premises, or his agent, of the nature of the materials furnished, or labor performed, or to be performed, and a description of the premises where furnished, if such owner, part owner or lessee reside in, or has a known agent in the county in charge of such structure, improvement, foundations, cellars, basements, walk or walks. Such notice may be in the fol- Notice, lowing form: To... furnishing Take notice that the undersigned is to ... labor or materials for building, excavating, or altering, im- ..... owner, lessee, form of. notice. or in front of the following described property... Such notice, however, shall be sufficient if served at any Subsequent time subsequent to said thirty days, but before the original service of contractor shall make out and give to the owner, part owner or lessee or his agent, a statement under oath of the number and names of every sub-contractor or laborer in his employ, and of every person, firm or corporation furnishing materials, giving the amount, if anything, which is due or to become due on them, or any of them, for work done or materials fur |