Sections amended. Acquirement of waterworks, etc. Loans for waterworks. Time and place of payment. Bonds; interest. Proviso, limit of expenditure. [No. 158.] AN ACT to amend sections two, three and four of chapter eleven of act number three of the Public Acts of eighteen hundred ninety-five, entitled "An act to provide for the incorporation of villages within the State of Michigan, and defining their powers and duties," being compiler's sections two thousand eight hundred ninety-one, two thousand eight hundred ninety-two and two thousand eight hundred ninetythree of the Compiled Laws of eighteen hundred ninety seven. The People of the State of Michigan enact: SECTION 1. Sections two, three and four of chapter eleven of act number three of the Public Acts of eighteen hundred ninety-five, entitled "An act to provide for the incorporation of villages within the State of Michigan, and defining their powers and duties," being compiler's sections two thousand eight hundred ninety-one, two thousand eight hundred ninetytwo and two thousand eight hundred ninety-three of the Compiled Laws of eighteen hundred ninety-seven, are hereby amended to read as follows: SEC. 2. The village may acquire, purchase, erect and maintain such reservoirs, canals, acqueducts, sluices, buildings, engines, water wheels, pumps, hydraulic machines, distributing pipes and other apparatus, appurtenances and machinery, and may acquire, purchase, appropriate and own such grounds, real estate, rights and privileges as may be necessary and proper for the securing, constructing, rebuilding, repairing, extending and maintenance of such water works. SEC. 3. It shall be lawful for any village, subject to the provisions of this act, to borrow any sum of money, not exceeding five per cent of the assessed value of the property in said village, as shown by the last preceding tax roll, to be used exclusively for the purpose of purchasing, constructing, repairing, rebuilding, extending and maintaining water works as provided in the two preceding sections, and for the payment of any indebtedness incurred by the village in purchasing, constructing, repairing, rebuilding, extending and maintaining water works. The council shall have the power to fix the time and place of the payment of the principal and interest of the debt contracted under the provisions of this chapter and to issue bonds of the village therefor, but the rate of such interest shall not exceed six per cent per annum. Such bonds shall not be sold for less than their par value: Provided, That the total amount expended for the purchasing, constructing, repairing, rebuilding, extending and maintaining such water works, or for the payment of any indebtedness incurred by the village in purchasing, constructing, repairing, rebuilding, extending and maintaining such water works shall not exceed the amount of the estimate of expense provided for in section four of this chapter. to made. SEC. 4. Before any money shall be borrowed, appropriated, Prior estimate raised or expended for the purchase, construction, repairing, rebuilding or extending of water works in any village, or for the payment of any indebtedness incurred by the village in purchasing, constructing, repairing, rebuilding, extending and maintaining water works, the council shall cause to be made an estimate of the expense thereof, and the question of rais ing the amount required for such purpose or purposes and of the amount required to pay any indebtedness incurred by the village for the purchasing, constructing, repairing, rebuilding, extending or maintaining of water works in the village, shall be submitted to the electors of the village at its annual Referendum. election or at a special election called for that purpose by the council as provided in this act, and shall be determined as two-thirds of the electors voting at such election shall decide: Provided, however, After water works have been pur- Proviso, chased or constructed in a village by virtue of any provisions of this act, the council may then raise and expend in making repairs or alterations or in extending such works, such sum as it may see fit without submitting the question to the electors of the village: Provided, That the sum to be raised for Proviso, such purpose shall be included in and shall not increase the total amount which by the provision of section one, chapter nine of this act the council is authorized to raise. This act is ordered to take immediate effect. Approved May 7, 1915. repairs, etc. limit of sum raised. [No. 159.] AN ACT to amend section one of act number two hundred five of the Public Acts of eighteen hundred eighty-five, as amended by act number one hundred ninety-nine of the Public Acts of eighteen hundred eighty-nine, entitled "An act to authorize the transcript of a judgment from the docket of one justice of the peace to that of another within this State," being compiler's section eight hundred fortyeight of the Compiled Laws of eighteen hundred ninety seven. The People of the State of Michigan enact: SECTION 1. Section one of act number two hundred five Section of the Public Acts of eighteen hundred eighty-five, as amended amended. by act number one hundred ninety-nine of the Public Acts of eighteen hundred eighty-nine, entitled "An act to authorize the transcript of a judgment from the docket of one justice of the peace to that of another district within this State," Transcript, how made. Affidavit. being compiler's section eight hundred forty-eight of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows: SEC. 1. That whenever an execution may by law be issued upon any judgment rendered by a justice of the peace, the party in whose favor such judgment shall have been rendered, his agent, attorney, executor, administrator or assigns may make and deliver to the justice of the peace having control of such judgment, an affidavit stating the amount due on said judgment, including a transcript fee of two dollars, which must be paid to the justice before any transcript shall issue, and setting forth in substance that the deponent knows or has good reason to believe and does believe that there is not sufficient goods and chattels liable to execution within the county in which said judgment was rendered, belonging to any person or persons against whom such execution may issue. Approved May 7, 1915. Section amended. Witnesses, compelling attendance. Evidence to be written and signed. Proviso, stenographer. [No. 160.] AN ACT to amend section sixteen of chapter one hundred sixty-three of the Revised Statutes of Michigan of eighteen hundred forty-six, entitled "Of the arrest and examination of offenders, commitment for trial and taking bail," being compiler's section eleven thousand eight hundred fifty-three of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section sixteen of chapter one hundred sixtythree of the Revised Statutes of Michigan of eighteen hundred forty-six, entitled "Of the arrest and examination of offenders, commitment for trial and taking bail," being compiler's section eleven thousand eight hundred fifty-three of the Compiled Laws of eighteen hundred ninety-seven, be and the same is hereby amended to read as follows: SEC. 16. Witnesses may be compelled to appear before such magistrate by subpoenas issued by him, or by any officer or court authorized to issue subpoenas, in the same manner, and with the like effect, and subject to the same penalties for disobedience, or for refusing to be sworn or to testify, as in cases of trials before justices of the peace; and the evidence given by the several witnesses examined shall be reduced to writing by such magistrate, or under his direction, and shall be signed by the witnesses respectively: Provided, That at any such examination it shall be lawful for such magistrate to appoint some suitable stenographer, at the re quest of the prosecuting attorney of said county, with the consent of the respondent or his attorney, to act as official stenographer pro tem. for the court of such magistrate, to take down in shorthand the testimony of any such examination, and any stenographer so appointed shall take the consti- Oath of office. tutional oath, as such official stenographer, and shall be entitled to the following fees: Six dollars for each day, and Compensation. three dollars for each half day, while so employed in taking down such testimony, and ten cents per folio for typewriting such testimony so taken in shorthand, the same to be allowed and paid out of the treasury of the county in which such testimony is taken: Provided further, That it shall not be Further necessary for a witness or witnesses whose testimony is taken proviso, in shorthand by such stenographer, as above provided, to to be signed. sign such testimony, but any witness or witnesses shall have the right to have such testimony read over to them upon their request. Such testimony, after being typewritten, shall Filing be received and filed in the circuit court for the county in which such testimony is taken without the signature of such witness or witnesses for the same purpose and with like effect as the testimony of witnesses as hereinabove provided, which is signed by such witness or witnesses, and such testimony so taken shall be considered prima facie evidence of the testi- Prima facie mony of such witness or witnesses at such examinations. Approved May 7, 1915. testimony not testimony. evidence. [No. 161.] AN ACT to amend section six of act number two hundred seventeen of the Public Acts of eighteen hundred ninetyseven, entitled "An act to provide for the registration of deaths in Michigan and requiring certificates of death," being compiler's section four thousand six hundred nineteen of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section six of act number two hundred seven- Section amended. teen of the Public Acts of eighteen hundred ninety-seven, entitled "An act to provide for the registration of deaths in Michigan and requiring certificates of death," being compiler's section four thousand six hundred nineteen of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows: SEC. 6. Any official failing or refusing to perform his duty Penalty. under this act, or any undertaker violating any of its provi. sions, and any person who shall knowingly bury, or assist in burying or otherwise disposing of any deceased person without there shall first have been obtained a burial permit in com pliance with the provisions of this act, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by a fine of not exceeding one hundred dollars, or be imprisoned in the county jail not exceeding thirty days, or suffer both fine and imprisonment at the discretion of the Duty of local court. Local registrars shall see that the provisions of this registrars. act are enforced in their jurisdictions; the Secretary of State shall be charged with the general execution of the law and shall have supervisory power over registrars to the end that this act shall be uniformly and effectually executed throughout the State. Prosecuting attorneys, shall, upon the request of a local registrar or of the Secretary of State, assist in the enforcement of the provisions of this act. Approved May 7, 1915. Powers of secretary of state. Prosecuting Township board to issue permits. Unlawful operation. Penalty. Act not to apply. [No. 162.] AN ACT to provide for the issuing of permits by the township board for the conducting of billiard and pool rooms and bowling alleys outside of incorporated cities and villages. The People of the State of Michigan enact: SECTION 1. No public billiard or pool room or bowling alley shall be operated in any place in this State outside of an incorporated city or village, without first obtaining an annual permit therefor from the township board of the township wherein such billiard or pool room or bowling alley is situ ated. SEC. 2. Any person or persons operating or attempting to operate any such billiard or pool room or bowling alley without first obtaining the annual permit herein provided for shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not to exceed ten dollars or by imprisonment in the county jail for not to exceed fifteen days or by both such fine and imprisonment in the discretion of the court. SEC. 3. The provisions of this act shall not apply to any fraternal, religious, or other organization which maintains billiard or pool tables for the use of its members as merely incidental to its principal activities. Approved May 7, 1915. |