drain, to the twentieth day of October next following, or the contract for performing the same is not let by the said tenth day of November, then such statement or any part thereof may be filed on or before the tenth day of November next thereafter.

assessed and col

certain other

(1787.) SEC. 10. If the owners of land upon which such apportion- Apportionment ment is made, or agreed to be made, do not pay to the township treas- not paid, to be urer the apportionment upon their lands respectively, and file a lected same as receipt therefor with the township clerk, on or before the fifteenth taxes. day of November next after the filing of such statement, the township clerk shall certify to the supervisor, on or before the twentieth day of November, all such apportionments which remain unpaid. The supervisor shall levy such apportionments upon the said lands upon which the apportionments are made, placing the tax in a column entitled "ditch tax," in the same manner that delinquent highway taxes are required by law to be levied; he shall at the same time, in the same manner as township taxes are required by law to be levied, levy all sums apportioned to the township, upon the entire taxable property of the township, placing the tax in the column enti led "ditch tax." The several amounts so levied shall be collected by the township treasurer, in the same manner as other taxes, and when collected shall be received into the township treasury, together with the money paid by the owners of the land as aforesaid; and shall be credited to the particular ditch Disposition of fund to which it belongs, and shall be paid out only to the person or persons entitled to receive the same, on order of the township board. In case of failure to levy such taxes, or any part thereof, May be levied within the time and in the manner herein provided, it shall be ond year. lawful to levy each sum remaining unpaid, and collect the same next year, with the same force and effect as the same might or could have been the first year.

same.

and collected sec

ditch taxes.

State and county

(1788.) SEC. 11. The township treasurer shall retain in his hands Township treasthe amount of the several ditch taxes as specified in his warrant. If urer to retain any of the taxes authorized to be levied under the provisions of Unpaid taxes rethis act shall remain unpaid, and the township treasurer shall be turned same as unable to collect the same from the owner or occupant of the taxes. premises assessed, he shall make return at the same time and manner as lands are returned for State and county taxes. The land so returned shall be subject to sale and redemption the same as lands returned for other taxes.

natural watercourse.

(1789.) SEC. 12. The drain commissioner shall have power, upon Commissioner application there for, to clear, open, or to straighten any natural may clear, etc., water-course in his township; to locate a tile, or other underground drain, and construct the same; or partly tile, or underground, and May locate tile partly open, as he may deem proper. He shall proceed in the same drain, etc. manner as required by this act to establish water-courses and locate ditches or drains: Provided. That the notice required by the Proviso. second section of this act, shall state distinctly the kind of drain proposed to be located and constructed.

may be estab

(1790.) SEC. 13. Water-courses may be established, or ditches or Ditches, etc., drains located along, within the 1.mits of, or across any public shed across road; and when any shall be so established, located, and opened public roads.

same.

or constructed, it shall be the duty of the overseers of highways, in their respective districts, to keep the same open and free from Bridges over the all obstructions. When any such water-course, ditch, or drain shall cross a public highway, the commissioner or commissioners of highways of the proper townships, shall build and keep in repair a suitable bridge over the same, except in cases where a plank road crosses such dutch or water-course, then it shall be the duty of such plank road company to erect and maintain such bridge. Farm crossings. It shall be lawful for the township board of any township in which such water-course is established, ditch or drain located, to provide for and maintain suitable farm crossings over such water-course, ditch or drain; Provided, The owners of the land on either side cons nt thereto.

Proviso.

Proceedings by justice under appeal.

Proviso.

Compensation for services under this act.

(1794.) SEC. 17. The said justice of the peace shall, on receiving such notice of, and reasons for, appeal, and the said agreement and security duly approved, immediately appoint a time and place for hearing such appeal, in the town or towns where the act complained of occurred, and give notice thereof in writing to the party appealing, and the drain commissioner or commissioners appealed from; and on the day appointed, or on some day to which the hearing shall be adjourned, he shall proceed to hear and determine the appeal, and may reverse, in whole or in part the doings of said drain commissioner or commissioners, or make such order in the premises as may be right and lawful under this act, and send a copy thereof to such township drain commissioner or commissioners, and to the party appealing; and said township drain commissioner or commissioners shall execute the same, or said justice of the peace may proceed to execute the same, and in the same manner and with like eff ct as the township drain commissioner or commissioners might, or could do under this act, if no appeal was made; and in all cases wherein the township drain commissioners are interested, the justice shall act: Provided, That whenever a township drain commissioner shall be elected and qualified, who is not interested in such appeal, the said justice may, in his discretion, certify the proceedings had by him on such appeal to such disinterested township drain commissioner, who shall proceed in the matter in all respects as if the same had been originally commenced before him.

(1795.) SEC. 18. The said drain commissioners and justices of the peace shall receive two dollars, and the same rate for parts of days, for each day actually employed. Township clerks shall receive ten cents for each paper filed in his office, and one dollar for making the certificate mentioned in section ten of this act. Publishers of newspapers shall receive for publishing legal notices and furnishing evidence of such publication not more than seventy cents per folio for the first insertion, and thirty-five cents per folio for each subsequent insertion. Judges of probate shall receive fifty cents for the appointment of commissioners and certificate thereof. Commissioners of appraisal shall receive one dollar and fifty cents for each day, and seventy-five cents per each half day, and six cents per mile for travel (in going only); jurors one dollar each

to draw orders

damage.

orders and col

more than (no

per day, and fifty cents per each half day, and six cents per mile for travel (in going only); sheriffs and constables for serving venire seventy-five cents, and ten cents per mile actually traveled in making service; laborers, such fees as shall seem to such commissioner just, not to exceed one dollar and fifty cents per day. The town- Township board ship board of the township in which such water-course is estab- on treasurer for lished, ditch or drain located, shall draw orders in favor of each of services and such officers and laborers for the amount to which they are entitled, as shown by the statement of the drain commissioner filed with the township clerk. They shall likewise draw orders in favor of each person entitled to damage or compensation on account of such water-course, ditch, or drain running across his land; also, in favor of each person who has performed labor under contract from said drain commissioner, in opening a portion of such water-course, or constructing such ditch or drain, as shown by said statement, which order shall be drawn on the township treasurer of the township in [which] such water-course, ditch or drain lies, and made payable by the first day of February next after the date thereof; and if such water-course, ditch, or drain lies in more Relative to than one township, then the township board of the township in lection of taxes which the most of such water-course, ditch, or drain lies, shall when ditch is in draw all the orders on the township treasurer of that township, township. and the township treasurers of the other townships shall pay over all the money in their hands on account of such water-course, ditch, or drain, by the first day of February aforesaid, to the township treasurer on which such orders are drawn; and the township treasurer or the township treasurers on which such orders are drawn, shall in all cases pay such orders from the particular fund upon which they are drawn. When such orders are presented to such treasurers after such first day of February, and they have not funds in their hands to pay them, they shall endorse the date of such presentation, after which such orders shall draw interest till paid. A separate fund shall be kept for the moneys collected for Separate fund each water-course, ditch, or drain, which fund shall be applied exclusively for the construction of such water-course, ditch, or drain. (1800.) SEC. 23. The Secretary of State shall, on or before the first day of June next, cause to be prepared suitable forms to be used in the execution of this act, and shall publish a sufficient number of copies of the act of which this is amendatory, with the forms annexed, to furnish at least one copy to each township clerk, and one copy to each drain commissioner in the State. SEC. 2. This act shall take immediate effect. Approved April 28, 1875.

for ditches.

Secretary of forms to be used execution of

State to prepare

in

this act, eto.

[ No. 141.]

Penalty for sell

ing, etc., as Michigan wheat,

wheat not raised in Michigan.

AN ACT to regulate the sale of wheat, and to prevent the sale or offering for sale of wheat not grown in Michigan as Michigan wheat, and to prevent the mixing of foreign wheat with the Michigan product.

SECTION 1. The People of the State of Michigan enact, That if any person or persons shall knowingly sell or offer for sale, or cause to be sold or offered for sale, any wheat not raised in Michigan, falsely pretending or representing to the public or any purchaser, or in the market, by any brand, device, or representation, or by word or writing, that the same is a Michigan product, such person or persons shall he deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding one thousand dollars and not less than two hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or both fine and imprisonment, in the discretion of the

court.

Penalty for sell- SEC. 2. If any person or persons shall knowingly mix or cause ing, etc, mix d wheat as wholly to be mixed any wheat not raised in Michigan with Michigan Michigan wheat. Wheat with intent to sell or offer the mixture for sale under the representation that the same is wholly Michigan wheat, such person or persons shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine not exceeding one thousand dollars and not less than two hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or both by fine and imprisonment, in the discretion of the court.

Person selling liable for damages.

Exception to foregoing provisions.

Authority to

issue tickets at

SEC. 3. Any person or persons who shall sell to another any wheat as Michigan wheat or the product of this State, knowing the same to be in whole or in part the product of any other State or country, shall be liable to the person or persons to whom the same is so sold in an action on this statute for double the amount of damages which he shall have sustained by reason of any breach in the contract of sale.

SEC. 4. The provisions of the foregoing section [sections] of this act shall not apply in cases where wheat is brought to market in this State by teams from adjoining localities in other States. Approved April 28, 1875.

[ No. 142.]

AN ACT to regulate the sale of tickets by railroad companies at special rates and on special conditions.

SECTION 1. The People of the State of Michigan enact, special rates, etc. That any railroad corporation doing business in this State may make contracts for the conveyance of passengers upon designated trains, for a specific distance, at fixed times, at such reduced rates of fare as the parties may agree upon. Tickets may be issued for such passengers, upon which shall be plainly printed the terms

upon which they may be used. Such tickets shall not entitle the holder to ride upon any train not therein designated, or at any time beyond that stipulated therein.

Approved April 28, 1875.

[No. 143. ]

AN ACT to repeal an act entitled "An act to regulate the transportation of freight and passengers, and the management of railroads of this State not incorporated under an act entitled 'An act to provide for the incorporation of railroad companies,' as approved February twelve, eighteen hundred and fifty-five," approved April seventeen, eighteen hundred and seventy-one, being sections two thousand three hundred and ninety-nine, two thousand four hundred, two thousand four hundred and one, two thousand four hundred and two, and two thousand four hundred and three of the compiled laws of eighteen hundred and seventy

one.

་

SECTION 1. The People of the State of Michigan enact, That Act repealed. an act entitled "An act to regulate the transportation of freight and passengers, and the management of railroads of this State not incorporated under an act entitled An act to provide for the incorporation of railroad companies,' as approved February twelfth, eighteen hundred and fifty-five;" approved April seventeen, eighteen hundred and seventy-one, being sections two thousand three hundred and ninety-nine, two thousand four hundred, two thousand four hundred and one, two thousand four hundred and two, and two thousand four hundred and three of the compiled laws of eighteen hundred and seventy-one, be and the same is hereby repealed.

SEC. 2. This act shall take immediate effect.
Approved April 28, 1875.

[ No. 144. ]

AN ACT to provide for the payment of the transportation of the State militia called out by the Governor to prevent breaches of the peace in Marquette and Montcalm counties in the year eighteen hundred and seventy-four.

SECTION 1. The People of the State of Michigan enact, That a Appropriation. sum not to exceed two thousand dollars be and hereby is appropriated out of any money in the treasury to the credit of the military fund for the payment of the cost of transportation of the State militia called out by the Governor to prevent breaches of the peace in Marquette and Montcalm counties in the spring and summer of eighteen hundred and seventy-four.

to allow claims

SEC. 2. The Auditor General is hereby authorized to audit and Auditor General allow all just claims for transportation of such State militia SO and draw warcalled out from their place of rendezvous to the place or places urer.

rant on treas.