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births and the issuance of birth certificates, the registration of deaths and the issuance of death certificates, the recording of marriages and the collection, recording and preservation of other vital statistics are hereby transferred to and vested in the State Commissioner of Health. The State Commissioner of Health shall hereafter be vested with full authority, and shall be required to exercise such powers and perform such duties with reference to said matters as have heretofore been vested in, and required to be performed by the said Secretary of State.

SEC. 2. As soon as may be after this act shall take effect, it shall be the duty of the Secretary of State to cause to be transferred to the State Commissioner of Health all records, statistics and data and all blanks of any nature whatsoever pertaining to the matters in the previous section referred to. Upon receipt thereof, it shall be the duty of the State Commissioner of Health to keep and preserve said records in accordance with the laws pertaining thereto. All publications and reports of vital statistics heretofore required to be made from time to time by the Secretary of State shall hereafter be made by the State Commissioner of Health.

SEC. 3. All acts or parts of acts in any way controverting
the provisions of this act are hereby repealed.
This act is ordered to take immediate effect.
Approved May 17, 1921.

Appropriation, legislative.

Proviso.

[No. 171.]

AN ACT to make appropriations for the legislature for the fiscal years ending June thirty, nineteen hundred twentytwo, and June thirty, nineteen hundred twenty-three, for maintenance, operation and other specific purposes.

The People of the State of Michigan enact:

SECTION 1. There is hereby appropriated from the general fund of the state treasury, to defray the expenses of the legislature for personal services of members, officers and employes, and for the maintenance, operation and supplies, for the biennial period ending June thirty, nineteen hundred twentythree, the sum of two hundred seventy-five thousand dollars: Provided, That fifty thousand dollars of said appropriation shall be available during the fiscal year ending June thirty, nineteen hundred twenty-two, and two hundred twenty-five thousand dollars, together with any unexpended balance for the previous year, shall be available during the fiscal year ending June thirty, nineteen hundred twenty-three. The ap

propriation hereby made shall be deemed and construed to be in lieu of any and all other appropriations made for any of the purposes specified herein for the fiscal year ending June thirty, nineteen hundred twenty-two, and the fiscal year ending June thirty, nineteen hundred twenty-three.

which ex-
pended.

351

SEC. 2. Of the amount hereby appropriated, such sums as Purposes for may be necessary may be used to pay the compensation of the Secretary of the Senate and the Clerk of the House of Representatives, which compensation is hereby fixed at three hundred twenty-five dollars per calendar month each, and which shall be paid to said secretary and clerk at such times and in such manners as the compensation of state officers and employes is paid; and also to pay for clerical and stenographic assistance to the Secretary of the Senate and the Clerk of the House of Representatives when the legislature is not in session, and the employment of assistants by such officers is hereby authorized; but not to exceed one hundred twentyfive dollars shall be paid for such clerical or stenographic assistance rendered in any one calendar month to the Secretary of the Senate, and not to exceed one hundred twenty-five dollars shall be paid for such clerical or stenographic assistance rendered in any one calendar month to the Clerk of the House of Representatives. Such sums as shall be due under the provisions of this section, for assistance to the Secretary of the Senate, shall be certified by the Secretary of the Senate, and such sums as shall be due under the provisions of this section for assistance to the Clerk of the House of Representatives, shall be certified by the Clerk of the House of Representatives. Any such certificate shall be countersigned by the Auditor General. The State Treasurer upon the presentation of any such certificate, so countersigned, is hereby authorized and directed to pay the same.

SEC. 3. The Auditor General shall incorporate in the state Tax clause. tax for the year nineteen hundred twenty-one, the sum of fifty thousand dollars, and for the year nineteen hundred twenty-two, the sum of two hundred twenty-five thousand dollars, which sums, when collected, shall be credited to the general fund to reimburse the same for the money hereby appropriated.

SEC. 4. Any unexpended balance at the end of the fiscal Unexpended year nineteen hundred twenty-three, shall revert to the gen

eral fund in the state treasury.

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

balances.

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 fifteen, 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 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, 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

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