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Appropriations, estimate of.

"An act to authorize the Commissioner of the State Highway Department to determine whether certain lands owned by the state, in the county of Jackson, will be benefited by certain proposed drains, and to authorize such lands to be assessed for benefits and making an appropriation therefor," is hereby amended to read as follows:

SEC. 3. Such sums of money as are necessary to carry out the provisions of this act are hereby appropriated from the general fund of the state out of any moneys in said fund not otherwise appropriated. The Auditor General shall estimate the sums necessary to reimburse the general fund for all claims paid under this act or to be paid up to and including the end of the fiscal year ending June thirty, nineteen hundred twenty-one, and shall incorporate such sum in the state tax for the year nineteen hundred twenty-one; and shall thereafter, from year to year, estimate the amounts necessary to reimburse the general fund in each additional fiscal year on account of such claims as arise under this act and shall incorporate such sum in the state tax for each calendar year after the year nineteen hundred twenty-one. Such taxes when collected shall be deposited in the state treasury and there be credited to the general fund of the state. This act is ordered to take immediate effect. Approved May 17, 1921.

Sections

amended.

[No. 195.]

AN ACT to amend sections eighteen and nineteen of chapter four of act number two hundred eighty-three of the Public Acts of the state of Michigan for the year nineteen hundred nine, entitled "An act to revise, consolidate and add to the laws relating to the establishment, opening, improvement, maintenance and use of the public highways and private roads, the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; setting and protecting shade trees, drainage, cutting weeds and brush within this state, and providing for the election and defining the powers, duties and compensation of state, county, township and district highway officials," approved the second day of June, A. D. nineteen hundred nine, being compilers' sections four thousand three hundred sixty-four and four thousand three hundred sixtyfive of the Compiled Laws of the state of Michigan for the year nineteen hundred fifteen, as amended.

The People of the State of Michigan enact:

SECTION 1. That sections eighteen and nineteen of chapter four of act number two hundred eighty-three of the Public

Acts of the state of Michigan for the year nineteen hundred nine, entitled "An act to revise, consolidate and add to the laws relating to the establishment, opening, improvement, maintenance and use of the public highways and private roads, the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; setting and protecting shade trees, drainage, cutting weeds and brush within this state, and providing for the election and defining the powers, duties and compensation of state, county, township and district highway officials," approved the second day of June, A. D. nineteen hundred nine, being compilers' sections four thousand three hundred sixty-four and four thousand three hundred sixty-five of the Compiled Laws of the state of Michigan for the year nineteen hundred fifteen, be and the same are hereby amended so as to read as follows: SEC. 18. In case state reward is to be applied for, the Map, filing of. board of county road commissioners shall file with the State Highway Commissioner for his approval, a map of the county showing the location of the proposed system of county roads: Provided, however, That this proposed system may be Proviso. changed if approved by the State Highway Commissioner. All state rewarded roads composing a part of this system shall be taken over as county roads by the board of county road commissioners, and any road heretofore laid out, or any part thereof, shall become county roads if the board of county road commissioners shall at any time so determine, and in passing through or on the line between townships or incorporated villages or cities, any streets or parts of streets of such village or city may be adopted as a county road, with the consent of the proper authorities of such city or cities, village or villages: Provided, That no street shall be taken over Proviso. and constituted as a county road which was not a regularly laid out and main traveled road before the incorporation of such village or city: Provided further, That where any Further street or part of a street is taken over in passing through or on the line between a township and an incorporated village or city, no county road funds shall be expended for the improvement of any such street or part of a street of such village or city to a greater width nor with material more expensive than the standards fixed by the maximum requirements for state rewarded roads, except as provided in the following section of this act with relation to construction, repair and maintenance of bridges over navigable streams and the approaches thereto: Provided further, That where Further any such street shall be taken over as a county road and is improved as such, city and village authorities shall have the right to further improve such road by surfacing the same outside of the portion thereof constructed by the county and by the addition of gutters, curbs, sidewalks, and other improvements, and to provide for the care and maintenance of such improvements and to levy and collect taxes for the same.

proviso.

proviso.

Further proviso.

May abandon, etc.

May grade,

etc.

Proviso.

The vote of the county road commissioners in respect to such determination shall be taken by yeas and nays, and shall be entered at large on the records of the said board of county road commissioners. Notice of such determination shall be forthwith given by the clerk or the highway commissioner of each township and the highway authorities of each city or village in which said road or any part thereof is situated, and published in some newspaper printed and circulated in the county, once in each week for three successive weeks: Provided further, In case there is no established printing office within the county, the said clerk, or the highway commissioners may advertise in a newspaper published in an adjoining county. Proof of such service and publication may be made by affidavit by any person knowing the facts, and be filed with the clerk. Such affidavit or the record thereof, or certified copy of such affidavit or record shall be prima facie evidence of its contents. After service and publication of such notice, the board of county road commissioners shall have sole and exclusive jurisdiction and control of such road so embraced within such determination, and the township or municipality within which the same is situated shall be relieved from all responsibility therefor. Immediately after laying out or taking control of a road said board shall give the same a name by which it shall afterwards be known in its proceedings. The board of county road commissioners of any county which has adopted the county road system, is hereby authorized and empowered to, at any time, abandon and discontinue any county road, or any part thereof, by a majority vote. The vote of the county road commissioners in respect to such abandonment and discontinuance shall be taken and entered, and notice thereof be given, in the same manner as required in this section, in cases in which county roads are adopted. After proceedings to discontinue and abandon have been had, the jurisdiction in control of such road shall revert to the township or municipality within which the same is situated, which, prior to the time of its adoption as a county road, had jurisdiction and control thereof, and the county shall be relieved of the responsibility therefor.

SEC. 19. Said board of county road commissioners shall have authority to grade, drain, construct, gravel, shale or macadamize any road under its control, or to place thereon any form of improvement which in its judgment may be best, and extend and enlarge such improvements; it shall have authority to construct bridges and culverts on the line of such road, and to repair and maintain the said roads, bridges, and culverts; and further that such commissioners shall take over, construct and maintain all bridges included in the proposed system of county roads provided in section eighteen of this act: Provided, however, That this shall not apply to bridges which may be lawfully taken over for construction

construct,

and maintenance in whole or in part by the state. When Bridges, may ever it shall be necessary to construct any bridge or bridges etc. across any navigable stream over which any road under the control of any board of county road commissioners shall run, said board shall have power and authority to construct, repair and maintain a bridge or bridges across said navigable stream with proper and adequate approaches thereto for the accommodation of traffic; and such bridge or bridges and the approaches thereto shall be of such width, size, strength, material, pattern and design as shall, in the judg ment of said board, be suitable to meet the necessities and requirements of traffic and the surrounding conditions, whether said bridge or bridges or the approaches thereto or any portion thereof be within the limits of any incorporated municipality or not. And for this purpose said board of May borrow county road commissioners may incur indebtedness, borrow money, etc. money, enter into contracts and pledge the credit of the county in the manner and within the limitations provided by law. For any indebtedness incurred, money borrowed, obligation assumed or pledge of credit given, the bonds of the county may be issued and sold when authorized by the electors in the manner provided by law. The authority and powers herein granted relative to bridges over navigable streams and the grant thereof shall be retroactive and it is hereby declared that all acts of boards of county road commissioners, boards of supervisors and other county officers, and all elections held, indebtedness incurred or authorized, and all bonds approved or authorized by the electors of any county, to be issued and sold for the purpose and with the intent to provide for the construction, repair and maintenance of bridges over navigable streams and the approaches thereto are valid and binding acts and obligations; and all obligations assumed, indebtedness incurred, pledge of credit given, bonds issued or authorized by counties within the state of Michigan for the foregoing purposes are hereby legalized and made valid. The construction, improvement and mainte- Plans, etc., nance of said roads, bridges and culverts, shall be in accord- furnish. ance with plans and specifications furnished or approved by the county highway engineer, who shall have such supervision of construction as will insure that the plans and specifications are strictly followed. The commissioners shall have all the authority in respect to such roads, bridges and culverts which is vested in highway officers in townships, including the right to condemn gravel for road purposes and to petition the county drain commissioner for an outlet drain as provided in section eight, chapter fifteen, of this act. Said Actions in board of county road commissioners may maintain in its own missioners. name an action for an injury to any county road or to any part of the whole width thereof as laid out and established, or to any of the improvements thereon. All moneys recovered in any such action shall be paid to the county treasurer, and be cred

who to

name of com

Bids, when

advertised for.

May reject bids.

Proviso.

Further proviso, certain bridges.

ited to the county road fund. In all cases involving the ex-
penditure of an amount greater than five hundred dollars
for the building, rebuilding or repairing of roads or bridges,
the board of county road commissioners shall advertise for
sealed proposals for such work. When roads of classes "E,"
"F" or "G" are to be constructed or improved, bids shall be
advertised for and received on each of said types of con-
struction. The board shall have the right to reject any and
all bids, and may do the work by day labor, purchasing the
necessary materials and employing the labor therefor: Pro-
vided, however, In case the board shall decide to do the work
by day labor, the plans and specifications together with all
bids received thereon, and the reason, in writing, for not let
ting the job by contract, shall be filed in the office of the
county clerk: Provided further, That if a bridge is to be re-
paired or built at a cost greater than five hundred dollars,
the county road commissioners may apply to the State High-
way Commissioner, who shall assign a competent engineer
to review and report on plans that may have been prepared
by the county highway engineer, or decide as to the merits of
the several plans on which tenders may have been received
before the contract was let, and pass on the completed struc-
ture before the contractor for the same shall be paid.
This act is ordered to take immediate effect.
Approved May 17, 1921.

Section amended.

[No. 196.]

AN ACT to amend section two of chapter forty-eight of act number three hundred fourteen of the Public Acts of nineteen hundred fifteen, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms of civil actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil actions and proceedings in said court; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," approved May eighteen, nineteen hundred fifteen, being section thirteen thousand seven hundred nineteen of the Compiled Laws of nineteen hundred fifteen, as amended by act number seventy-three of the Public Acts of nineteen hundred seventeen."

The People of the State of Michigan enact: SECTION 1. Section two, chapter forty-eight of act number three hundred fourteen of the Public Acts of nineteen

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