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Section amended.

May bond for schoolhouse,

etc.

Who to esti

[No. 172.]

AN ACT to amend section one of chapter six of act number one hundred sixty-four of the Public Acts of eighteen hundred eighty-one, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act," being section five thousand seven hundred twelve of the Compiled Laws of nineteen hundred fif teen, as amended by act number forty-three of the Public Acts of nineteen hundred nineteen.

The People of the State of Michigan enact:

SECTION 1. Section one of chapter six of act number one hundred sixty-four of the Public Acts of eighteen hundred eighty-one, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act," being section five thousand seven hundred twelve of the Compiled Laws of nineteen hundred fifteen, as amended by act number forty-three of the Public Acts of nineteen hundred nineteen, is hereby amended to read as follows:

SEC. 1. Any school district may, by a majority vote of the qualified voters of said district present at an annual meeting or at a special meeting called for that purpose, borrow money, and may issue bonds of the district therefor, to pay for a schoolhouse site or sites, or to pay for an addition or additions of territory to a school house site or sites, and to erect and furnish school buildings, or to complete school buildings under the course of construction. The district board, or board mate amount of education, shall estimate the amount of money necessary to be raised and shall state their estimate in the notices of the annual or special meeting, at which the question of borrowing money and issuing bonds shall be submitted to the people; and at said meeting the voters shall have power to ratify by vote aforesaid the estimate of the district board, or board of education, or to fix a new limit on the amount to be borrowed and for which bonds may be issued: Provided, That no school district shall issue bonds for an amount greater than fifteen per cent of the total assessed valuation of said district nor shall the bonded indebtedness of a district extend beyond the period of thirty years for money borFurther pro- rowed: Provided further, That in all proceedings under this section, the district board and one person selected by the qualified voters present at said meeting shall constitute a board of inspectors, who shall cause a poll list to be kept and a suitable ballot box to be used, and the polls shall be kept open at least two hours. The votes shall be by ballot, either

Proviso, limit.

viso, board of inspectors.

printed or written, or partly printed and partly written,
and the canvass of the same shall be conducted in the same
manner as at township elections, or as far as the laws gov-
erning the same are applicable, and when said laws are not
applicable, the board of inspectors shall prescribe the manner
in which the canvass shall be conducted.

This act is ordered to take immediate effect.
Approved May 17, 1921.

[No. 173.]

AN ACT to amend section seven of part one, and sections eight, nine, thirteen and twenty of part two of act number ten of the Public Acts of Michigan of the first extra session of nineteen hundred twelve, entitled "An act to promote the welfare of the people of this state, relating to the liability of employers for injuries or death sustained by their employes, providing compensation for the accidental injury to or death of employes and methods for the payment of the same, establishing an Industrial Accident Board, defining its powers, providing for a review of its awards, making an appropriation to carry out the provisions of this act, and restricting the right to compensation or damages in such cases to such as are provided by this act," being compilers' sections five thousand four hundred twenty-nine, five thousand four hundred thirtyeight, five thousand four hundred thirty-nine, five thou sand four hundred forty-three and five thousand four hundred fifty of the Compiled Laws of nineteen hundred fifteen, as last amended by act number sixty-four of the Public Acts of nineteen hundred nineteen, and to add two new sections to stand as section ten of part one and section nineteen of part three thereof.

The People of the State of Michigan enact:

amended.

SECTION 1. Section seven of part one, and sections eight, Sections nine, thirteen and twenty of part two of act number ten of the Public Acts of Michigan of the first extra session of nineteen hundred twelve, entitled "An act to promote the welfare of the people of this state, relating to the liability of employers for injuries or death sustained by their employes, providing compensation for the accidental injury to or death of employes and methods for the payment of the same, establishing an Industrial Accident Board, defining its powers, providing for a review of its awards, making an appropriation to carry out the provisions of this act, and restricting the right to compensation or damages in such cases to

Sections added.

"Employe", term defined.

Proviso.

Proviso.

Further proviso.

Liability of employers, etc.

such as are provided by this act," being compilers' sections five thousand four hundred twenty-nine, five thousand four hundred thirty-eight, five thousand four hundred thirty-nine, five thousand four hundred forty-three and five thousand four hundred fifty of the Compiled Laws of nineteen hundred fifteen, as last amended by act number sixty-four of the Public Acts of nineteen hundred nineteen, are hereby amended, and two new sections are added thereto to stand as section ten of part one and section nineteen of part three, said amended and added sections to read as follows:

PART I.

SEC. 7. The term "employe" as used in this act shall be construed to mean:

1. Every person in the service of the state, or of any county, city, township, incorporated village or school district therein, under any appointment, or contract of hire, express or implied, oral or written, except any official of the state, or of any county, city, township, incorporated village or school district therein, elected at the polls: Provided, That one employed by a contractor who has contracted with a county, city, township, incorporated village, school district. or the state, through its representatives, shall not be considered an employe of the state, county, city, township, incorporated village or school district which made the contract, when such contractor is subject to this act: Provided, however, That policemen or firemen or employes of the police or fire departments, or their dependents, in municipalities or villages of this state having charter provisions prescribing like benefits, may waive the provisions of this act and accept in lieu thereof such like benefits as are prescribed in such charter, but shall not be entitled to like benefits from both: And provided further, That nothing contained in this act shall be construed as limiting, changing or repealing any of the provisions of any charter of any municipality or village of this state relating to any benefits, compensation, pensions or retirement, independent of this act, provided for employes as hereinbefore defined.

2. Every person in the service of another, under any contract of hire, express or implied, including aliens (including working members of partnerships, receiving wages irrespective of profits from such), and also including minors who are legally permitted to work under the laws of the state, who, for the purpose of this act, shall be considered the same and have the same power to contract as adult employes.

SEC. 10. (a) Where any employer subject to the provisions of this act, (in this section referred to as the principal), contracts with any other person (in this section referred to as the contractor), who is not subject to this act and who does not become subject to this act prior to the date of the accidental injury or death for which claim is made for

355

the execution by or under the contractor of the whole or any part of any work undertaken by the principal, the principal shall be liable to pay to any workman employed in the execution of the work any compensation under this act which he would have been liable to pay if that workman had been immediately employed by him; and where compensation is claimed from or proceedings are taken against the principal, then, in the application of this act, reference to the principal shall be substituted for reference to the employer, except that the amount of compensation shall be calculated with reference to the earnings of the workman under the employer by whom he is immediately employed: Provided, That the Proviso. term "contractor" shall be deemed to include subcontractors in all cases where the principal gives permission that the work or any part thereof be performed under subcontract; (b) Where the principal is liable to pay compensation Principal inunder this section, he shall be entitled to be indemnified by the contractor or subcontractor as the case may be, but the employe shall not be entitled to recover at common law against the contractor or any other person for any damages arising from such injury if he takes compensation from such principal. The principal, in case he pays compensation to the employe of such contractor, may recover the amount so paid in an action against such contractor.

demnified by contractor.

SEC. 8. If death results from the injury the employer Burial, etc., shall pay, or cause to be paid as hereinafter provided, in ad- expenses. dition to the indemnity paid to dependents, the reasonable expense of his last sickness and burying, which shall not exceed two hundred dollars, in addition to any sum the enployer may be required to pay under the provisions of section four of part two of this act.

capacity,

SEC. 9. While the incapacity for work resulting from the Total ininjury is total, the employer shall pay, or cause to be paid as weekly comhereinafter provided, to the injured employe, a weekly com- pensation. pensation equal to sixty per centum of his average weekly wages, but not more than fourteen dollars nor less than seven dollars a week; and in no case shall the period covered by such compensation be greater than five hundred weeks from the date of the injury, nor shall the total amount of all compensation exceed seven thousand dollars.

not con

SEC. 13. No savings or insurance of the injured employe, Savings, etc., nor any contribution made by him to any benefit fund or pro- sidered. tective association independent of this act, shall be taken into consideration in determining the compensation to be paid hereunder, nor shall benefits derived from any other source than those paid or caused to be paid by the employer as herein provided, be considered in fixing the compensation under this act except as provided in sub-section one of section seven, part one.

SEC. 20. No agreement by an employe to waive his rights Certain to compensation under this act shall be valid except that em- invalid.

agreements

Jurisdiction of board.

ployes or their dependents as defined in sub-section one of section seven, part one, may, after injury only, elect as provided in sub-section one of section seven, part one.

PART III.

SEC. 19. The Industrial Accident Board shall have jurisdiction over all controversies arising out of injuries suffered without the territorial limits of this state, in those cases where the injured employe is a resident of this state at the time of the injury, and the contract of hire was made in this state, and any such employe or his dependents shall be entitled to the compensation or death benefits provided by this act. Approved May 17, 1921.

Channels,

etc., declared public highways.

Entitled to benefits.

How improved.

[No. 174.]

AN ACT declaring the waterways upon over-flowed lands owned by the state to be public highways and within the benefits of the general highway laws of this state.

The People of the State of Michigan enact:

SECTION 1. All channels, water-ways, and navigable ditches constructed for the purpose of giving ingress or egress from or to any portion of the over-flowed or swamp lands owned by the state of Michigan bordering upon or enclosed within any of the Great Lakes or rivers, or connecting with the public wagon roads constructed or to be constructed on such state swamp or over-flowed lands, are hereby declared to be public highways, if dedicated to the public use as such, by the owners or lessees of such lands, and entitled to the benefits of the general highway laws of this state.

SEC. 2. Such public highways, when surveyed, shall be deemed to be a part of the highway system of the township, and county in which located, and entitled to the benefits of the district, township and county highway taxes, for the improvement and construction of highways therein, to the same extent as are the other highways within such districts. SEC. 3. All moneys spent upon such water-ways shall be for the widening, deepening, straightening and cleaning out of the same, and for improving the approaches thereto. Approved May 17, 1921.

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