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low lands, in such proportions as they shall deem just, according to the benefit that will accrue to each by making any such ditches or drains; and they shall cause maps of said lands to be made, designating thereon the length, depth, width, position and direction of every ditch or drain by them laid out or contemplated; said map shall also contain a description of every section or part of a section upon which estimates have been made, with the amount of such estimate, also the aggregate amount to be collected in each township.
Sec. 5. Said commissioners shall contract for the performance of to contract the work and materials required to complete such ditches and drains; but contacts shall be upon reasonable public notice published not less than three weeks in some newspaper printed in Lenawee county, and such other notices as to them shall seem proper, and shall be subject to the action and judgment of the county court as hereinafter specified.
Sec. 6. Said commissioners shall make a full report to the county court of Lenawee, of all their doings in the premises, accompa. nied by the maps, estimates, statement of contracts and all other matters necessary to a full exhibition and understanding of their action. Such report shall be filed in the office of the county clerk of Lenawee, and a copy thereof with each of the supervisors of the aforesaid townships at least three weeks before it be acted upon by said court; and the commissioners shall give notice at least three weeks by publication in a newspaper printed in Lenawee county, that they will on some day, to be by them specified, present said report to the county court and apply for its confirmation, and also for the appointment of appraisers under this act, and on such day or some other day thereafter as may be appointed by said court, any person interested may appear and object to the confirmation of said report, and the court, for good cause shown, may amend or set aside said report, direct new examinations or surveys when in the opinion of the court, justice or equity requires it, but if no good cause be shown against it, the court shall confirm the report; and when a report shall be confirmed, the said court may then appoint three disinterested persons appraisers, being freeholders in said county, not residing in either of said townships, and
To make re
not interested in the lands to be drained. Said commissioners or any of them, may be such appraisers if the county court shall so appoint them.
To review estimate of conu'rs.
Sec. 7. The said appraisers shall after having taken and filed an oath, as is hereinbefore provided for, in regard to the commissioners, review the estimates of said commissioners, and may alter the proportion of the sums to be assessed upon the respective parts the lands to be drained, and apportion the aggregate assessments to the expenses as ascertained by the contracts, they may act either from personal examination, or evidence, if they make any alteration in the proportional assessment upon any tract of land, then their report shall be filed and confirmed, or rejected by the county court, in like manner as is before provided in regard to the report
of the commissioners. Compensa. Sec. 8. The commissioners and appraisers shall each be entitled
to receive one dollar and fifty cents per day, for the time actually spent by them in performing their duties under this act; but before they shall receive any pay, their respective accounts shall be sworn to by them and taxed by the first judge of Lenawee county, and the bills filed in the office of the treasurer of said county, who shall pay them out of the moneys collected by virtue of this act.
Sec. 9. The commissioners shall cause a notice to be published published. in a newspaper printed in Lenawee county, also in the state paper,
for six weeks, commencing immediately after the confirmation of
Sec. 10. The commissioners shall also cause a copy of the report copy of re-confirmed by the county court, to be laid before the board of suport to be and before pervisors in the county of Lenawee, at their annual session, on the supervisors.
second Monday in October following. And said board shall charge the aggregate sums, as they are apportioned, against the proper
To cause no tice to be
townships, and shall direct the several supervisors of Ogden, Riga, Blissfield and Ridgeway to levy the sums upon the several sections or parts of sections described as being in their respective townships, and collect and pay said sums to the county treasurer, in like manner, and at the same time with other county taxes.
Sec. 11. All claims arising under the preceding sections of this Claims to be act whether on contract, labor performed or any other services, shall be audited by the commissioners and paid on their order by the county treasurer of Lenawee county, out of any funds in his hands created by this act and not otherwise.
Sec. 12. That all the provisions and benefits and privileges contained in this act, shall extend to all the counties of this state in to extend to which the supervisors of the county shall appoint three commissioners to discharge the duties under said law; and the supervisors of the several counties in this state are hereby authorized, in their discretion, to appoint three commissioners who shall hare and exercise in their respective counties all the powers in reference to the draining of swamps, marshes and other low lands in any township in their counties, which by this act are conferred upon the commissioners named in the first section.
Sec. 13. If any of said commissioners or appraisers shall die, Duty of co. resign or refuse to act, it shall be the duty of the county court of said county to fill any vacancy in their number, which appointment shall have the same validity as if such person had been named in and appointed by this act.
Approved March 17, 1847.
SECTION 1. Be it enacted by the Senate and House of Representatires of the State of Michigan, That the act entitled "an act for re
am ded, vising and consolidating the general statutes of the state of Michigan," approved May 18, 1846, be and the same is hereby amended, as follows: Sec. 2. In chapter one, section six, line eighteen, after “survey
Chapter ors,” insert “boards of county superintendents of the poor;” and amended.
in section ten strike out in lines three and four, the words "auditor general and paid out of the state treasury," and insert in the place thereof the words "boards of supervisors and paid out of the county treasury.”
Sec. 3. Chapter twelve shall be amended by striking out in the first line of section thirty-five, the word "five" and inserting in the place thereof the word "seven," and by striking out all of said section after the word "and,” in the second line, and inserting in the place thereof the words "his actual necessary expenses."
Sec. 4. Chapter fourteen shall be amended by striking out section fifty, and also by striking out in the first line of section seventy, the word “four," and inserting in the place thereof, the words “one or more."
Sec. 5. Chapter twenty-one shall be amended by striking out all of section twenty to and including the word "time,” in the second line, and inserting in the place thereof the words "licenses may be granted by the treasurer for any term less than one year, upon payment of a rateable proportion of the duties hereinbefore prescribed."
Sec. 6. Chapter fifty-eight shall be amended by striking out of section fifteen all after the word "meeting." in the third line; and also by striking out of section ninety-five all after the word "appointment,” in the third line, and by inserting in section one hundred and forty, at the end of the fourth line, the words “in addition to the taxes hereinbefore required to be raised for that purpose.”
Sec. 7. Chapter eighty-one shall be amended by inserting in the last line of section ten, after the word "township,” the words “or city clerk of the city;" and by inserting in the first line of section eleven, after the word “township,” the words “or city," and by inserting in the first line of section twelve, after the word "township" the words “or city,” and by inserting in the ninth line of section thirteen, after the word "township,” the words "or city," and by striking out in the third and fifth lines of section fifteen, the word “township,” and by inserting in the first line of section sixteen, after the word "township” the words "and city."
Sec. 8. Chapter eighty-four shall be amended by striking out the
word "two," in the fourth clause of section six, and inserting in the
Chapter 90 fortieth section all after the word "served,” in the third line, and in- amended. serting in the place thereof the words “in any part of this state," and by repealing sections eighty and eighty-one, and substituting in the place thereof as follows: "Sec. 80. After the filing of a bill the court shall make an order for the appearance of a defendant at a future day therein to be specified, as hereinafter directed in the following cases :
"1. When the defendant residing out of this state, upon proof by affidavit of that fact :
“2. When the defendant is a resident of this state, upon proof by affidavit that the process for his appearance has been duly issued, and that the same could not be served by reason of his ab. sence from, or concealment within this state, or by reason of his continued absence from his place of residence.” “Sec. 81. The order shall require the defendant to appear and answer the bill as follows:
“1. If he be a resident of this state, within three months from its date:
“2. If he be not a resident of this state, but of some other of the United States, or of one of the territories thereof, or of the province of Canada, within a period not exceeding six months from its date :
"3. If he be a resident of any other state or country, not before mentioned, within a period not exceeding nine months from its date."
Chapter ninety shall be further amended by striking out in section twenty-two the words “or in which one of the parties resides if either is a resident of the state, and if neither party reside in this state, or in the county where the subject matter of dispute, or some thereof is situated,” and inserting in lieu thereof, “if the subject matter is local, and if it is not local, in the county where one of the parties in interest resides if either is a resident of the state.”