[No. 10.] AN ACT to amend section thirteen of chapter two 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 compilers' section two thousand five hundred eighty-one of the Compiled Laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. Section thirteen of chapter two of act number Section three of the Public Acts of eighteen hundred ninety-five, en- amended. titled "An act to provide for the incorporation of villages within the State of Michigan, and defining their powers and duties," is hereby amended to read as follows: filled. tion, when SEC. 13. Any vacancy occurring in the office of president, Vacancy, how trustees or any other elective office shall be filled by appointment by the council, and such appointee shall hold his office until the next annual election thereafter. All vacancies in any other office shall be filled by the president, by and with the consent of the council. In any case where by reason of Special elecremoval, death, resignation or otherwise, the membership called. of the council shall be reduced to less than the quorum of four, the remaining trustees shall forthwith call a special election for the purpose of filling all vacancies in the office of trustee, if a petition therefor signed by not less than ten per cent of the qualified voters of said village is filed with the village clerk within ten days after such vacancy or vacancies occur; if no such petition be filed within the time stated, then the remaining members of the council may either call such special election, or may proceed to appoint a sufficient number of trustees to constitute with those in office a quorum of the council, who shall then fill the remaining vacancies as herein first provided: Provided, That in any Proviso. case where all the officers and trustees of any village heretofore incorporated under any general or local act shall have died or removed from such village, and no successors have been elected or appointed to fill the vacancies created thereby, it shall be the duty of the township clerk of the township within which such village is situated, upon petition of ten per centum of the qualified voters residing in such village, to call a special election for the election of the officers and trustees of such village at a date and place to be fixed by such township clerk, which date shall be not more than thirty days after the receipt of such petition. The township board Ballots, prepof such township shall perform all of the other duties with aration of, respect to such election as the village council might have done had such vacancies not existed, including the preparation of ballots, the appointment of election inspectors, the counting etc. and canvassing of the ballots, and the certification of the persons elected to the offices for which the election was held. All of the expenses of such election shall be a charge upon the village. Approved March 18, 1921. Sections repealed. [No. 11.] AN ACT to repeal sections twenty-eight and twenty-nine of chapter four 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," same being sections four thousand three hundred seventy-four and four thousand three hundred seventy-five of the Compiled Laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. Sections twenty-eight and twenty-nine 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," same being sections four thousand three hundred seventy-four and four thousand three hundred seventy-five of the Compiled Laws of nineteen hundred fifteen, are hereby repealed. This act is ordered to take immediate effect. [No. 12.] AN ACT to amend section four of chapter four of act number two hundred three of the Public Acts of nineteen hundred seventeen, entitled "An act to provide for the holding of elections, to prescribe the manner of conducting and to regulate elections, to prevent fraud and deception in the conducting of elections and to guard against abuses of the elective franchise." The People of the State of Michigan enact: SECTION 1. Section four of chapter four of act number Section two hundred three of the Public Acts of nineteen hundred amended. seventeen, entitled "An act to provide for the holding of elec tions, to prescribe the manner of conducting and to regulate elections, to prevent fraud and deception in the conducting of elections and to guard against abuses of the elective franchise," is hereby amended to read as follows: filled. SEC. 4. Whenever a vacancy exists in the office of a judge Vacancy, how of a court of record, the Governor shall fill such vacancy by appointment, and the person appointed shall hold such office until his successor is elected and qualified. At the When elected. next general November election held at least one hundred days after, or biennial spring election held at least sixty days after such vacancy shall occur, a person shall be elected to fill such office and the person elected shall hold the office for the remainder of the unexpired term. This act is ordered to take immediate effect. [No. 13.] AN ACT to promote the agricultural interests of the state of Michigan; to create a State Department of Agriculture; to define the powers and duties thereof; to provide for the transfer to and vesting in said department of powers and duties now vested by law in certain other state boards, commissions and officers, and to abolish certain boards, commissions and officers the powers and duties of which are hereby transferred. The People of the State of Michigan enact: ment of agri SECTION 1. There is hereby created a State Department of State depart Agriculture which shall possess the powers and perform the culture creduties hereinafter granted and conferred. The chief execu- ated. Salary. tive officer of said department shall be appointed by the Governor, with the advice and consent of the Senate, and shall be known as the Commissioner of Agriculture of the state of Michigan. Said commissioner shall receive an annual salary Assistants, etc. of five thousand dollars. He may appoint such assistants and employes as may be necessary to perform the duties hereby imposed, the number of such assistants and employes, and the compensation payable to all persons so appointed and employed, being subject to the approval of the State Adminis trative Board. The salaries of all officers and employes hereby authorized, and the necessary expenses thereof while traveling in performing any of their duties, shall be paid in the same manner as the salaries and expenses of other state officers and employes are paid. The Board of Auditors shall provide suitable offices at Lansing and proper office equipment for the use of said department. Salaries. Offices. Powers and duties. The State Department of Agriculture shall exercise the powers and perform the duties now vested by law in the Department of Animal Industry, the State Food and Drug Commissioner, the State Veterinary Board, the Immigration Commission, the Commissioner of Immigration, and Departments, the Market Director. The departments, boards, commissions etc., abolished. and officers whose powers and duties are hereby transferred to the State Department of Agriculture shall be abolished as of Records, etc., the thirtieth day of June, nineteen hundred twenty-one. All records, files and papers of any nature whatsoever pertaining to the functions thereof shall be turned over to the department hereby created. Any hearing or other proceeding pending before any board or officer whose tenure is so terminated shall not be abated, but shall be deemed to be transferred to the State Department of Agriculture and shall be carried on and determined by the Commissioner of Agriculture in accordance with the provisions of the law governing such . hearing or proceeding. turned over. Additional powers, etc. SEC. 3. In addition to the foregoing powers and duties there is transferred to the State Department of Agriculture, and vested therein, the powers and duties of the State Board of Agriculture with reference to the inspection and regulation of orchards, vineyards and nurseries, the inspection and regulation of apiaries, the testing of agricultural seeds, the analysis of commercial fertilizers, the testing and examination of insecticides, and the analysis and testing of commercial stock foods, and the investigation and improvement of marketing conditions as now provided by law, and the said board is hereby relieved of each and all said powers and Certain offices duties. The offices of State Inspector of Orchards and Nurseries, and Inspector of Apiaries are abolished, and the powers and duties pertaining thereto are likewise transferred to and vested in the State Department of Agriculture. All records and files pertaining to either of said offices, or to any other of the powers and duties hereby transferred, shall become a part of the records and files of the State Depart abolished. transferred. ment of Agriculture and shall be preserved accordingly. All Certain duties duties of the Secretary of State now imposed by law with reference to the collection and publication of statistics relating to agriculture and agricultural interests within the state, shall likewise be transferred to and vested in the State Department of Agriculture, and all records and data on file. shall be delivered thereto by the Secretary of State, who is hereby relieved from further performance of said duties. etc., to super fair author board of SEC. 4. The control of all lands and other property that Land for fairs, now is, or hereafter may be, vested in the state of Michigan, vise, etc. or in the people of said state, for the purpose of holding and conducting agricultural and industrial fairs, and for other agricultural purposes, is hereby placed in the State Department of Agriculture. The State Department of Agriculture is May accept authorized to accept, on behalf of the state, grants and con- grants, etc. veyances of property for such purposes or for any other purpose within the scope of this act, and to consent to such conditions affecting the use thereof as may be agreed upon. All grants and conveyances shall be taken in the name of the people of the state of Michigan. An annual state fair, at the Annual state city of Detroit which shall have for its main purpose the ized. exploiting and encouragement of improved methods in agricultural pursuits, is hereby authorized. The arrangements for Conduct of, by such fairs and the actual conducting thereof shall be under managers. the immediate charge of a Board of Managers of State Fairs which board shall consist of twenty members to be appointed by the Governor and confirmed by the senate. Five members of How said board shall be appointed for one year, five members for appointed. two years, five members for three years, five members for four years. The Commissioner of Agriculture shall act as chair- Commissioner man of said board. Said board of managers may adopt rules and regulations governing its organization and procedure. The proceeds of the state fair, and all other moneys which Proceeds. come into the possession of the State Department of Agriculture under the provisions of this section, shall be and remain. a perpetual revolving fund out of which necessary and proper expenses for the conducting of said fair shall be paid. Each Per diem of member of the Board of Managers, other than the Commissioner of Agriculture, shall be entitled to ten dollars per day for each day actually expended by him in attending meetings of the Board of Managers or for work actually performed in connection with said fair; and the members of the board shall also be entitled to their actual and necessary expenses while incurred in carrying out the provisions hereof, such compensation and expenses to be paid from the revolving fund hereby created. Whenever in the opinion of the State Ad- Surplus funds, disposition of. ministrative Board the moneys in such fund exceed the amount reasonably required for the purposes hereof, the surplus shall, on order of said board, be transferred to the general fund of the state. Said board shall also possess the Powers, etc., powers and duties now vested by law in the Michigan Agricultural Fair Commission, which is hereby abolished; and to be chairman. members. transferred. |