Ordinances

for care of.

When council may borrow money for

sewers.

submitted to

electors.

SEC. 18. The council may enact such ordinances as may be necessary for the protection and control of the public drains and sewers, and to carry into effect the powers herein conferred in respect to drainage of the city.

SEC. 19. If the council shall have determined to construct any main sewer in any main sewer district, or any main or trunk sewer, without reference to any sewer district, and if it shall be necessary for the city to borrow money for the payment of the amount determined by the council to be paid from the general sewer fund toward the construction of such sewer in such main sewer district, or for the payment of a trunk sewer to be constructed without reference to a sewer district, then before any further proceedings are had looking toward the construction of such sewer, the council shall cause to be made and recorded in their proceedings an estimate of the Question to be amount necessary to be borrowed for such purpose, and the question of borrowing such amount shall be submitted to the electors of the city at its next annual election or at a special election called for that purpose by the council as provided in the charter of said city and shall be determined as a majority of the electors voting at such election by ballot shall decide; and if a majority of such electors shall vote for the borrowing of such amount of money, then it shall be lawful for such city to borrow such sum of money not exceeding in all three per cent of the assessed value of the property in such city as shown by the last preceding tax roll, to be used exclusively for such purpose. The council shall have power to fix the time and place of the payment of the principal and interest of the debt contracted under the provisions of this section, and to issue the bonds of the city therefor, but the rate of such interest shall not exceed six per cent per annum, and such bonds shall not be sold for less than their par value.

Time of payment, how fixed.

Repealing clause.

SEC. 20. All acts and parts of acts inconsistent herewith are hereby repealed.

This act is ordered to take immediate effect.
Approved April 23, 1903.

Section amended.

[No. 436.]

AN ACT to amend section two of act number three hundred seventy-two of the Local Acts of nineteen hundred one, entitled "An act to organize a school district in Springfield township, Kalkaska county, to be known and designated as 'School district number one of township twenty-five north, range six west,' out of the unorganized territory comprising the entire township twenty-five north, range six west."

The People of the State of Michigan enact:

SECTION 1. Section two of act number three hundred seventytwo of the Local Acts of nineteen hundred one, entitled "An act to organize a school district in Springfield township, Kal

kaska county, to be known and designated as 'School district number one of township twenty-five north, range six west,' out of the unorganized territory comprising the entire township twenty-five north, range six west," is hereby amended to read as follows:

when held.

SEC. 2. The first meeting of said district may be called by First meeting, any three taxable inhabitants thereof, notice in writing of the time and place of holding said meeting, having been previously posted in three public places in the territory comprising said district at least five days before the time desig nated therein for said meeting, signed by the inhabitants calling the same, at which meeting there shall be elected a Officers moderator, director and treasurer of said district, who shall respectively hold their offices until the annual meeting of said district, to be held the first Monday of September, A. D. nineteen hundred three, when their successors shall be elected. This act is ordered to take effect July first, nineteen hundred three.

Approved April 23, 1903.

elected at.

[No. 437.]

AN ACT to provide for the registration of deeds of real estate in the city of Grand Rapids, and certificate of city clerk to be presented therewith, showing payment of taxes on land deeded.

The People of the State of Michigan enact:

not recorded

SECTION 1. No deed of real estate situated within the city When deeds of Grand Rapids shall be recorded in the office of the register of deeds of Kent county until there shall have been obtained and presented to said register of deeds, the certificate of the city clerk or city treasurer of said city, showing that all city and highway taxes and all special taxes assessed against the lands covered by such deed, when the time for payment on the said tax or assessment roll had expired, for five years preceding the date of such instrument, had been paid. The said register of deeds shall not record or permit to be recorded any such deed until the said certificate of payment of said taxes has been presented to him. The register of deeds shall note the fact upon said deed that said certificate has or has not been presented to him when such instrument is presented for record, and in case the person presenting such instrument shall refuse to procure such certificate, he shall endorse that fact upon said instrument, over his official signature, and shall refuse to receive and record the same: Provided, That the provisions of this section shall Proviso as to not apply to the filing of any town or village plat for the purpose of incorporation, in so far as the land therein em

village plats.

Violation of act a misdemeanor.

Fee for

making certificate.

braced is included in a plat already filed in the office
of the register of deeds, or in so far as
as the descrip-
tion of lands therein is not changed by such plat, nor
to the filing of any copy of the town, village or city plat in
case the original plat filed in the office of such register of
deeds has been lost or destroyed, nor to any sheriff's or com-
missioner's deed executed for the sale of lands under any pro-
ceeding in law, or by virtue of any decree of any of the courts
of this state, nor to any deed of trust by any assignee, executor
or corporation executed pursuant to any law of this State, nor
to any quit claim deed or other conveyance containing no
covenants of warranty; nor to any land patent executed by
the president of the United States, or the governor of this
State, nor to any tax deed made by the auditor general or the
city of Grand Rapids, through its proper officers; nor to any
deed executed by any railroad company conveying its right
of way, provided such deed is accompanied by a certificate of
the auditor general showing that all specific taxes due from
said railroad company have been paid, to and including the
year in which such deed was executed. A violation of the
provisions of this section by said register of deeds shall be
deemed a misdemeanor, and upon conviction thereof he shall
be fined not to exceed one hundred dollars, and he shall fur-
ther be liable to the grantee of any instrument, so recorded
for the amount of damages sustained, to be recovered în an
action for debt in any court of this State. That for the making
of said certificate there shall be paid to said city clerk or city
treasurer the sum of twenty-five cents, which fee shall be paid
into the city treasury for the use of said city.

This act is ordered to take immediate effect.
Approved April 23, 1903.

Section amended.

Under whose direction public improvements

to be made.

[No. 438.]

AN ACT to amend section fifteen of title nine of act number three hundred seventy-four of the Local Acts of eighteen hundred ninety-seven, entitled "An act to revise the charter of the city of Grand Rapids."

The People of the State of Michigan enact:

SECTION 1. Section fifteen of title nine of the charter of the city of Grand Rapids is hereby amended so as to read as follows:

SEC. 15. The paving, grading, graveling, planking, or covering with other material of all streets, highways, alleys, lanes, courts, sidewalks, public places and public grounds; the construction of all main and lateral sewers, drains, storm sewers, or surface drains, culverts, arches and bridges, and all other public works which the common council shall declare by resolution to be necessary public improvements; the construction

certain sew

of all wells, pumps, fountains and reservoirs, and the erection
and construction of all public buildings in the city, except
public school houses, shall be done under the charge and con-
trol of the board of public works and upon written contracts
entered into by it, except as hereinbefore provided in section
thirteen of this title, and under plans and specifications to be
prepared by the city engineer, or other person duly authorized
so to do, and approved by said board. And when the common Relative to
council in its resolution declaring the public necessity of the ers.
paving or grading of a street, declare as one of the incidentals
of the street improvement and part thereof, the construction
of a storm water sewer therein (not sanitary sewer) or surface
drain, for the purpose of protecting street improvements and
the carrying away of the surface water: Provided, That the Proviso.
board of public works or the common council of the city of
Grand Rapids shall not allow any person, persons, firm or
corporation to use any storm sewer for or in the stead of a
sanitary sewer; the same shall be deemed as part of one im-
provement and the extra cost be paid for in the same manner
as all other parts of the improvement. All money appro- Money, how
priated by the common council for such purposes, shall be
expended by such board for the purpose designated so far as
shall be necessary, to be drawn from time to time, from the ap-
propriate fund, by order of the common council, upon estimates
of amounts earned, to be made by the board and reported to the
common council, in accordance with the terms of such con-
tract, and no money shall be drawn from the city treasury,
under this title, except upon the order of the common council.
All contracts prepared in accordance with this section or with Council may
this title shall be first submitted to the common council for tracts.
approval before the adoption and execution thereof, and the
common council shall have the power to reject any such con-
tract if it shall see fit so to do. The construction of private Private drives.
driveways from the gutters to the street line, in any street
which shall have been improved, or which has been, or may
hereafter be ordered to be improved, shall be done under the
direction of, and in accordance with the plans adopted by such
board.

This act is ordered to take immediate effect.
Approved April 23, 1903.

59

expended.

reject con

Bond issue for school buildings.

Proviso.

Question to be submitted to electors.

Who to constitute board

[No. 439.]

AN ACT to authorize the board of trustees of the public schools of the city of Adrian. county of Lenawee, to borrow money and to issue bonds therefor, for the purchase of a site and the erection of a high school building for said district and the furnishing of the same.

The People of the State of Michigan enact:

SECTION 1. The board of trustees of the public schools of the city of Adrian, county of Lenawee, is hereby authorized to borrow on the faith and credit of said school district a sum of money not to exceed two per cent of the assessed valuation of said school district, and to issue the bonds of said school district therefor, the money so borrowed to be used for the purchase of a site and the erection of a high school building for said district, and for the furnishing thereof: Provided, That a majority of the electors of said district who are qualified to vote at the annual school district meetings of said district upon questions relating to the raising of money for school purposes in said district and who are present and voting upon such proposition at an annual meeting or at a special meeting called for that purpose, shall have voted therefor and authorized a specific sum to be so raised.

SEC. 2. The board of trustees of said district shall submit the question of the making of such loan to the electors mentioned in section one of this act, at any annual meeting of said district, or at a special meeting called for that purpose, and public notice thereof shall be given by said board of trustees by publishing the same in at least one newspaper printed and circulated in the city of Adrian in said district, at least one week before the time of such meeting, and by causing copies of such notice to be posted up in at least three public places in said district not less than six days before the time of such meeting, which notice shall state that the electors will be called upon at such meeting to vote upon the making of such loan, naming in such notice a specific sum to be so raised; and the said board of trustees is hereby authorized to call a special meeting of such electors, at any time in its discretion for the above named purpose, and by giving the notice aforesaid.

SEC. 3. At such annual meeting or at the special meeting of inspectors. provided for in section two, the president, secretary and one member of the board of trustees of said school district shall constitute a board of inspection, and shall cause a poll list to be kept and suitable poll books to be used, and the polls shall be kept open six hours after the time fixed for the meeting in the notices thereof. The vote shall be by ballot either printed or written, or partly printed or partly written, and such ballots shall be in the following form, namely, "For the loanYes," and "For the loan-No," and shall be deposited in a separate ballot box provided for that purpose. At the closing

Form of ballot.