construct, money, etc. 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, 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 elec tors 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- Section amended. [No. 196.] AN ACT to amend section two of chapter forty-eight of act The People of the State of Michigan enact: 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 courts; 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, is hereby amended to read as follows: SEC. 2. For serving a summons, writ of replevin, or other Fees. processes by which a suit shall be commenced in a court of law, a writ of garnishment, or a summons to appear and answer in chancery, seventy-five cents when service is made on one defendant only, and for the service on each additional defendant, twenty-five cents; for traveling in making such service, on the usual traveled route, ten cents per mile for going only, to be computed in all cases from the court house of the county in which the service is made, or from the place where the court has usually been held therein; for taking a bond of a plaintiff in replevin, or taking a bond on the arrest of a defendant, or in other cases where he is authorized to take the same, fifty cents; for a certified copy of such bond when requested, twenty-five cents; for a note of every capias delivered to a defendant on request, six cents; for a copy of every summons, or declaration served by him, when made by the sheriff, six cents for each folio; for a copy of every other writ, when demanded or required by law, twenty-five cents; for serving an attachment for the payment of money, or an execu tion for the payment of money, or a warrant issued for the same purpose and delivered to him by the county treasurer or any supervisor, for collecting the sum of two hundred fifty dollars or less, two and one-half per cent, and for any sum more than two hundred fifty dollars, one and one-quarter per cent; advertising goods or chattels, lands or tenements for sale, on any execution, if a sale be made, one dollar; and if the execution be stayed or settled after advertising and before sale, fifty cents. The fees allowed by law and paid to Legal notices, how any printer by such sheriff for publishing an advertisement paid for. of the sale of real estate for not more than six weeks and for the publishing the postponement of any such sale, the expense shall be paid by the party requiring the same. The fees herein allowed for the service of an execution and for advertising therein shall be collected by virtue of such execution, in the same manner as the sum therein directed to be levied ; but when there shall be several executions against the defendant, at the time of advertising his property, in the hands of the same sheriff, there shall be but one advertising fee charged on the whole, and the sheriff shall elect upon which execution he will receive same. For every certificate on the sale of real estate, fifty cents; and for each copy thereof, twenty-five cents, which, together with the register's fee for filing the same, shall be collected as other fees on execution; for drawing and executing a deed pursuant to a sale of real estate, one dollar; serving a writ of possession or of restitution, putting any person into possession of the premises and removing the occupant, one dollar, and the same compensation for traveling as is herein allowed on other writs; taking a bond for the liberties of the jail, fifty cents; summoning a jury upon a writ of inquiry, attending such jury, and making and returning the inquisition, one dollar and fifty cents; summoning a special jury struck pursuant to an order of the court, and returning the panel, one dollar and fifty cents; summoning a jury pursuant to any precept or summons of any officer in any special proceeding, one dollar, and for attending such jury, when required, fifty cents; bringing up a prisoner upon habeas corpus, one dollar, and for traveling each mile from the jail, thirteen cents; for attending any court with such prisoner, one dollar per day, besides actual necessary expenses; attending before any officer with a prisoner for the purpose of having him surrendered in exoneration of his bail, or attending to receive a prisoner so surrendered, who was not committed at the time, and receiving such prisoner into his custody in either case, one dollar; attending a view, when ordered by the court, one dollar and fifty cents per day, including the time occupied in going and returning; serving an attachment upon any ship, boat or vessel, in proceedings to enforce any lien thereon, created by law, seventy-five cents, with such additional compensation for his trouble and expenses in taking possession of and preserving the same as the officer issuing the warrant shall certify to be reasonable; for making and returning an inventory and appraisal to the appraisers, one dollar for each day actually employed, and fifty cents for each half day; and for drafting the inventory, twenty-five cents for each folio, and for copying the same, six cents for each folio; for selling any ship, boat, or vessel, or the tackle, apparel or furni ture thereof, so attached, and for advertising such sale, the same fees as for sales on executions; for giving notice for general or special election to the inspectors of the different townships and wards of his county, fifty cents for each township or ward, and the expenses of publishing such notices required by law, such fees and expenses to be paid by the county, as other contingent expenses thereof; for any services which may be rendered by a constable, the same fees as are allowed by law for such services to a constable; for attending the Supreme Court by the order of the court, two dollars and fifty cents for each day, to be allowed by the Auditor General on the certificate of the clerks, and paid out of the state treasury; for attending a circuit court, by the order of the court, three dollars for each day, except in the county of Wayne. In the county of Wayne on and after the first day of January, eighteen hundred ninety-seven, there shall be paid to the deputy sheriffs in actual attendance on the circuit court in the said county the sum of one thousand dollars per annum, to be allowed and paid as other contingent charges of the county are paid: Provided, The num- Proviso. ber of said deputies shall not exceed two for each judge of said circuit. For summoning grand or petit jurors to attend the circuit court, fifty cents for each juror summoned; serving a subpoena for witnesses, fifteen cents for each witness summoned and ten cents for each mile actually traveled, in going only, but when two or more witnesses live in the same direction, traveling fees shall be charged only from the farthest; keeping and providing for debtor in jail in all cases where the debtor is unable to support himself, fifty cents for each day, to be paid by the creditor each week, in advance, and which sum the creditor shall be entitled to recover from the debtor; for mileage on every execution collected, ten cents per mile, for going only, to be computed from the court house of his county; for selling lands on the foreclosure of a mortgage by advertisement; and executing a deed to the purchaser and for all services required on such sale, three dollars. And any sheriff or other officer who shall demand or receive any greater fees or compensation for performing any of the services hereinbefore mentioned than is hereinbefore allowed, shall, in addition to all other liabilities now provided by law, be liable to the party injured, or paying such illegal fees, in three times the amount so demanded, received or paid, together with all costs of suit or prosecution; and any sheriff or other officer neglecting or refusing any of the services required by law, after the fees specified have been tendered, shall be liable to the party injured for all damages which he may sustain by reason of such neglect or refusal. Approved May 17, 1921. |