' referendum. ing and catching fish in Klinger lake in the county of St. Joseph in this State," is hereby repealed: Provided, however, Proviso, That this act shall not take effect until approved by a majority of the electors voting thereon in the county of St. Joseph. At the first general election held after the passage of this act, the question of repeal of said act number fifty-seven shall be submitted to the electors of St. Joseph county. The Form of ballot. vote upon such question shall be by ballot which shall be substantially in the following form: "Vote on proposition to repeal act number fifty-seven of the public acts of nineteen hundred five, relative to the taking of fish in Klinger lake. Make a cross in the appropriate square below. [] To repeal act relative to the taking of fish in Klinger lake-Yes. [ ] To repeal act relative to the taking of fish in Klinger lake-No." nish. Such ballots shall be furnished by the county board of Who to furelection commissioners and shall be deposited in the ballot box provided for that purpose. Such ballots shall be cast, canvassed and counted and the result thereof certified to in the same manner as is provided by law respecting ballots cast for the election of county officers. effective. SEC. 2. If a majority of the electors voting upon such prop- When osition in the county of St. Joseph shall vote in favor of the repeal of said act number fifty-seven of the public acts of nineteen hundred five, then this act shall be in full force and effect and not otherwise. Approved April 29, 1913. [No. 123.] AN ACT to provide for the prevention of blindness in the newly born by fixing the duty of the State Board of Health in regard thereto, and compelling doctors, nurses and midwives to treat the eyes of infants in a certain manner, and to provide a penalty for failure so to do, and to repeal act number forty-three of the Public Acts of eighteen hundred ninety-five. The People of the State of Michigan enact: of health. SECTION 1. It shall be the duty of the State Board of Duty of board Health to officially name and approve a prophylaxis, to be used in treating the eyes of newly born infants, and it shall be the duty of the board to publish instructions for using the same. Duty of physician, etc. Failure to comply, penalty. Act repealed. SEC. 2. It shall be the duty of any physician, nurse or midwife who shall assist and be in charge at the birth of any infant, or have care of the same after birth, to treat the eyes of the infant with a prophylaxis approved by the State Board of Health; and such treatment shall be given as soon as practicable after the birth of the infant and always within one hour; and if any redness, swelling, inflammation or gathering of pus shall appear in the eyes of such infant or upon the lids or about the eyes, within two weeks after birth, then any nurse, midwife or other person having care of the infant shall report the same to some competent practicing physician within six hours of its discovery. SEC. 3. Any failure to comply with the provisions of section two of this act shall be punishable by a fine not to exceed one hundred dollars or imprisonment in the county jail not to exceed six months, or both such fine and imprisonment in the discretion of the court. SEC. 4. Act number forty-three of the public acts of eighteen hundred ninety-five, approved March twenty-nine, eighteen hundred ninety-five, the same being compiler's sections numbers four thousand four hundred seventy-five and four thousand four hundred seventy-six of the compiled laws of eighteen hundred ninety-seven, is hereby repealed. Approved April 29, 1913. Section amended. County clerk [No. 124.] AN ACT to amend section eight of act number two hundred six of the Public Acts of nineteen hundred eleven, entitled "An act to license the killing of beaver, to prescribe closed season therefor and to provide penalties for the violation thereof." The People of the State of Michigan enact: SECTION 1. Section eight of act number two hundred six of the Public Acts of nineteen hundred eleven, entitled "An act to license the killing of beaver, to prescribe closed season therefor and to provide penalties for the violation thereof," is hereby amended to read as follows: SEC. 8. The county clerk of each county shall be entitled entitled to fee. to one dollar for each license issued by him in accordance with the provisions of this act, which shall compensate him for taking affidavit and performing all other duties in connection therewith as provided for in this act, and at the end of each month shall remit to the State Treasurer the balance of all fees received by him for the sale of all licenses issued by him during such month, which shall by the State Treasurer be credited to the game protection fund to be used by the State Game, Fish and Forestry Warden for the purpose of enforcing the game and fish laws of this State. Approved April 29, 1913. [No. 125.] AN ACT to amend chapter seven of act number two hundred eighty-three of the Public Acts of 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 June two, nineteen hundred nine, by adding thereto a new section to stand as section twelve, relative to the removal of fences along highways. The People of the State of Michigan enact: amended. SECTION 1. Chapter seven of act number two hundred Chapter eighty-three of the Public Acts of 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 June two, nine teen hundred nine, is hereby amended by adding thereto a Section added new section, to stand as section twelve and to read as follows: tition for re SEC. 12. Upon the petition of twenty freeholders, resi- Fence, pedents of the same township, addressed to the highway com- moval, etc. missioner of their township, stating that any particular fence. other than a stone or hedge fence, along any highway within their township, by reason of its construction or otherwise, is dangerous either of itself or by reason of causing obstruction to the highway, it shall be the duty of the said township highway commissioner to notify the owner, or the occupant Refusal. Proviso, appeal. Duty of township board. Damages. of the premises whereon said fence is located, to remove the said fence. Upon the neglect or refusal of the said owner or occupant to remove said fence within thirty days after such notice, it shall be the duty of the highway commissioner to remove or cause to be removed, the said fence, and the expense incurred thereby shall be paid from the general fund of the township, and all costs thereby incurred shall be assessed against the property whereon such fence was located, and shall constitute a tax against said property, to be levied and collected as other township taxes are assessed, levied or collected: Provided, That any owner or occupant of any land who, having received notice to remove any fence, deeming himself aggrieved, shall have the right to appeal to the township board, such appeal to be in writing and served upon the township clerk within ten days of the receipt of said notice. Upon said appeal it shall be the duty of the township board to carefully determine the facts concerning the removal of said fence, and shall either dismiss or confirm the order of the highway commissioner as to the removal of such fence. The township board shall award any damage to such owner or occupant for the removal of such fence, as in its judgment seems just, and such award shall be paid from the general fund of the township. Any person conceiving himself ag grieved by the order, determination or award of the township board, may appeal therefrom to the circuit court of the county in which such township is situated; such appeal to be taken and perfected in the same manner as is provided by law with respect to appeals from justices' courts. The issue shall be as to whether such fence should be removed, and if removed, the damages to which the owner is entitled. Approved April 29, 1913. Current expenses. [No. 126.] AN ACT making appropriations for current expenses and special purposes for the Michigan College of Mines at Houghton, for the fiscal years ending June thirty, nineteen hundred fourteen, and June thirty, nineteen hundred fif teen, and to provide a tax to meet the same. The People of the State of Michigan enact: SECTION 1. There is hereby appropriated for the current expenses of the Michigan College of Mines for the fiscal year ending June thirty, nineteen hundred fourteen, the sum of sixty-five thousand dollars, and for the fiscal year ending June thirty, nineteen hundred fifteen, the sum of sixty-five thousand dollars. SEC. 2. The further sum of nine thousand three hundred Further apdollars is hereby appropriated for the fiscal year ending propriation. June thirty, nineteen hundred fourteen, for the amount and purpose as follows: For improvement of heating and ventilating system, the sum of nine thousand three hundred dollars. SEC. 3. The several sums appropriated by the provisions How paid out. of this act shall be paid out of the State treasury to the treasurer of the Michigan College of Mines at such times and in such amounts as the general accounting laws of the State prescribe, and the disbursing officer shall render his accounts to the Auditor General thereunder. SEC. 4. The Auditor General shall incorporate in the State Tax clause. tax for the year nineteen hundred thirteen, the sum of seventy-four thousand three hundred dollars, and for the year nineteen hundred fourteen, the sum of sixty-five thousand dollars, which amounts, when collected, shall be credited to the general fund to reimburse the same for the moneys hereby appropriated. This act is ordered to take immediate effect. [No. 127.] AN ACT to legalize and make valid ordinances and local franchise grants heretofore made and granted by villages organized under the general laws of the State. legalized. The People of the State of Michigan enact: SECTION 1. The respective actions of the councils of all Certain villages organized under the general laws of the State, here actions tofore granting franchises to and making contracts with persons or corporations to use the streets, alleys and public places of such villages for the purpose of supplying such villages or the inhabitants thereof or both, with gas, electric light or other lights for periods of time exceeding ten years, but not exceeding thirty years, are hereby legalized and made valid: Provided, however, That the action of the said re- Proviso. spective councils of said villages granting the said franchises shall have been approved by three-fifths of the electors of such villages voting thereon, at a regular or special municipal election as required by section twenty-five of article eight of the constitution of this State. Approved April 29, 1913. |