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Compensation.

When commissioner to notify persons assessed.

Proviso as to appeal.

When special board of re

View appointed.

visor and shall determine the justice of each of such items, and shall make such changes as a majority of such board shall agree are necessary in order that equal justice may be done to all persons interested in said drain, and having thus done they shall agree, or a majority of them, to the findings, apportionments and assessment of benefits as a whole; which haying been duly accomplished, the report of the supervisor, as thus amended and changed, shall be signed by the members of the board of review, and the judge of probate shall attach his certificate to the same certifying his proceedings relative thereto and the correctness of the proceedings so far had, and attach thereto the official seal of his court, and file the same in the office of the county clerk. The members of the board of review shall each be entitled to receive three dollars per day for the time actually spent on such service, on the certificate of the judge of probate that such service had been duly rendered on his order, in accordance with law.

SEC. 3. Immediately after the filing of the report of the board of review with the county clerk, the county drain commissioner shall serve notice upon each person whose name appears on said report as having been assessed a per cent for benefits, giving the per cent such person has been assessed, and informing him that if he so desires he may, within thirty days thereafter, appeal from such assessment and ask that a determination of the per cent of benefits for which he ought to be liable, shall be made by a special board of review, to be composed of three freeholders of the county who are not resident of the township in which the lands claimed by the report of the board of review to be benefited, are located; which said notice shall be served by handing a copy thereof to the owner, if found or by leaving a copy with the occupant of the premises, or, if the premises are not occupied, by firmly posting a copy on some conspicuous object on the premises: Provided, That if any one deems himself aggrieved by the determination of the board of review and wishes to appeal therefrom, he may do so by duly setting forth his grievance, depositing his bond for two hundred dollars with sureties satisfactory to the judge of probate, conditioned that if he shall fail in securing from the special board of review the relief he prays for, he will pay all the costs and expenses arising from such appeal, the same to be assessed by the judge of probate. Proof of service of the above described notice, and of the manner of such service, in each separate instance, shall be filed in the office of the probate court of the county.

SEC. 4. At the expiration of thirty days after the filing of the report of the board of review in the office of the county clerk, if any appeals there from have been duly filed with the probate court, the judge of probate shall summon three free holders of the county, not resident in the township or townships through which the drain in question is to run, to appear at his office at a day in such summons specified, to act as a special board of review. to hear the appeal or appeals, as the case may be, from the report of the board of review, and determine the

justice of said report in the items appealed from; he shall also notify the person or persons who have filed appeals, that on said day they shall appear and prosecute their appeal, or in default thereof, submit to a non-suit and judgment for costs and expenses.

be heard.

pear for

Finding of special board.

SEC. 5. On the day set for the hearing of appeals from the Duties of special board. report of the board of review, the persons summoned to act as a special board of review shall appear at the office of the probate court, and take the constitutional oath of office, and enter on the duty assigned them, as pointed out by the judge of probate, who shall direct them to proceed without delay to inspect the route of the said proposed drain, being the while in charge of an officer, who shall see to it that they have no communication with any one in regard to the drain or the justice of the assessments for benefits as set forth in the report of the board of review. On the return of the special board of review from Appellants to their inspection of the route of the proposed drain, the judge of probate shall give an opportunity for the appellants to be heard, either in person or by attorney, and for the taking of testimony which may have a bearing on the question of the justice of the assessments for benefits as set forth in the report of the board of review. On the request of the judge of probate, the prosecut- Who to aping attorney for the county, or an attorney duly designated people. by him for that duty, shall appear on behalf of the people to defend the report of the board of review. The questions properly arising on the appeal or appeals, as the case may be, having been duly heard, the judge of probate shall direct that the special board of review, without fear or favor, and with a view to securing justice as between the several parties interested in the said drain, make their finding; and shall further direct that without having communication with any person or persons other than what may be necessary to be had with the officer in charge of them, that they forthwith proceed to the preparation of their finding, which shall be in writing: Provided, That Proviso as to if the extent of the finding to be had is such as to justify him in so doing, the probate court may assign a stenographer to assist in the preparation of their report, after they shall have agreed among themselves as to the questions at issue. The Finding of finding of the special board of review, when deposited with the final. court, shall be final. The proceeding had by special board of review shall be certified by the judge of probate, and filed in the office of the clerk of the county, together with the costs and expenses taxed therein. The judge of probate shall also certify the amount of pay due the members of said special board of review, allowing three dollars per day to each member thereof. SEC. 6. The provisions of this act shall only be operative Provisions of when the same shall have been approved by a majority of the submitted to qualified electors of Berrien county; and it is hereby made the electors. duty of the board of supervisors, by resolution duly adopted, to direct that the question of the adoption of the provisions of this act shall be submitted to the electors of the county, to be voted on at the annual township meeting in the year nineteen hundred four, and the form of ballot to be used shall be as follows:

report.

board to be

act to be

Form of ballot.

Canvass of votes.

Shall the supervisor perform the duty of assessing benefits for drains-Yes.

Shall the supervisor perform the duty of assessing benefits for drains-No.

It is hereby made the duty of the several election boards in said county of Berrien to make due and proper return of the votes cast for and against this proposition, to the county clerk, and the county clerk shall convene the board of county canvassers not more than twenty days after the date of township meeting and said county canvassers shall canvass, determine and declare the result of the vote hereon.

Approved June 4, 1903.

Salary of president.

To be submit

[No. 509.]

AN ACT to provide for the payment of an annual salary to the president of the village of Essexville, county of Bay, State of Michigan, and to pay the trustees of said village for the meetings of the common council attended by them.

The People of the State of Michigan enact:

SECTION 1. The president of the village of Essexville, in the county of Bay, State of Michigan, shall be paid an annual salary of one hundred dollars, and the trustees of said village shall be paid the sum of one dollar per meeting for each meeting of the common council of said village attended by them. The said several sums shall be paid out of the contingent fund of said village.

SEC. 2. The provisions of the foregoing section shall not be ted to elect operative until approved by a majority vote of the electors of said village cast at a regular or special election.

ors.

This act is ordered to take immediate effect.
Approved June 4, 1903.

Act repealed.

[No. 510.]

AN ACT to repeal act number four hundred two of the Local Acts of eighteen hundred ninety-seven, entitled "An act to organize the township of Beaver Creek in the county of Crawford into a union school district," and to reorganize the several school districts as they existed at the time of the passage of said act.

The People of the State of Michigan enact:

SECTION 1. Act number four hundred two of the Local Acts of eighteen hundred ninety-seven, approved April twenty-first, eighteen hundred ninety-seven, is hereby repealed, and the

several school districts in said township of Beaver Creek shall be and remain as organized at the time of the passage of said act number four hundred two of the Local Acts of eighteen hundred ninety-seven, until changed by lawful authority.

special

SEC. 2. The township clerk of said township of Beaver Notice of Creek shall give notice of a special election to be held in each election. of said districts on the thirteenth day of June, nineteen hundred three, for the purpose of electing officers for such districts for the remainder of the current school year.

This act is ordered to take immediate effect.
Approved June 4, 1903.

[No. 511.]

AN ACT to incorporate the village of Twining in the townships. of Mason and Turner in the county of Arenac.

The People of the State of Michigan enact:

contain.

SECTION 1. All the territory situate and being in the town- Territory to ships of Mason and Turner, in the county of Arenac and State of Michigan, and described as follows, to wit: The southeast quarter of section twenty-four, the northeast quarter of section twenty-five, town twenty north of range five east, and the southwest quarter of section nineteen and the northwest quarter of section thirty, in town twenty north of range six east, Arenac county, Michigan, is hereby incorporated as the village of Twining, under the provisions of "An act to provide for the incorporation of villages within the State of Michigan, and defining their powers and duties," approved February nineteen, eighteen hundred ninety-five.

SEC. 2. The first election of officers of said village of Twin- First election. ing shall be held on the second Monday in March, nineteen hundred four, at Maccabee hall in said village, notice of which shall be given by publication in the Twining Siftings, a newspaper printed and circulated in said village, for three weeks immediately preceding said election, which said notice shall be signed by the board of election inspectors hereinafter desig nated.

election in

SEC. 3. Fred L. Twining, George Dillon, Robert Mann and who to be Henry N. Gardner are hereby constituted a board of election spectors. inspectors and election commissioners for said first election to be held in said village for the purpose of registering the names of voters for the first election to be held in said village, and the said board of registration are hereby required to meet at said Maccabee Hall on the Saturday next preceding the said second Monday in March, nineteen hundred four, and shall remain in session from nine o'clock in the forenoon until five o'clock in the afternoon and register all persons presenting

Notice of election.

Special election.

themselves for registration and having the qualifications of voters at annual township meetings and residing within said village. Notice of such meeting shall be published in said Twining Siftings at least three weeks before said meeting, which said notice shall be signed by said board of registration. SEC. 4. The election inspectors shall give notice of the time and place of holding such election as provided in section two of this act at least three weeks immediately preceding such election. At such election the polls shall be opened at nine o'clock in the forenoon and shall be closed at five o'clock in the afternoon.

SEC. 5. In case said officers are not elected at the time desig nated in section two of this act, an election for officers may be held within thirty days after the time so designated, the notice being given as provided in this section.

This act is ordered to take effect February first, nineteen hundred four.

Approved June 4, 1903.

Act amended.

Meetings of board, when held.

[No. 512.]

AN ACT to amend act three hundred ninety of the Local Acts of the State of Michigan for the year of one thousand nine hundred one, entitled "An act to incorporate the public schools of the township of Alpena, Alpena county," approved April eleventh, one thousand nine hundred one, by amending sections six, nine and eleven of said act, and by adding a new section thereto to be known as section sixteen.

The People of the State of Michigan enact:

SECTION 1. Act number three hundred ninety of the Local Acts of the State of Michigan for the year one thousand nine hundred one, entitled "An act to incorporate the public schools of the township of Alpena, Alpena county," approved April eleventh, one thousand nine hundred one, is hereby amended by amending sections six, nine and eleven, and by adding a new section thereto, to be known as section sixteen, to read as follows:

SEC. 6. The majority of the members of such board shall constitute a quorum and the regular meeting of such board shall be held on the third Monday of March, July and September in each year, and no notice of such meetings shall be required, and the president and clerk, or any two members of said board, shall be sufficient to adjourn any meeting from time to time until a quorum is present, and special meetings of said board may be called at any time on the request of the president, or two members of said board in writing, delivered to the clerk, and the clerk upon receiving such request shall at once notify in writing each member of said board, if within said district, of the time of holding such meeting, which shall be at least three

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