Board of review, who to compose, etc. Notice of appointment. Hearing, notice, etc. Notice to appellant. Apportionment final. the state. Notice of such appointment shall be given to the State Highway Commissioner who shall notify the member so appointed thereof and thereupon the members of the board. shall proceed in the same manner as is herein provided in the case of a board appointed within one county by the probate court thereof. In case of the selection of a third member of the board as herein provided the State Highway Commissioner shall fix the time and place of meeting of the board to be held thereafter and shall notify all members accordingly. SEC. 47. On the receipt of such claim of appeal by the land owner and the giving of a bond as aforesaid, the probate court shall appoint a board of review to examine into and equalize the apportionment of the per cent of benefits assessed upon lands within the assessment district. Such board of review shall consist of three competent and disinterested freeholders selected from townships in the same county, adjoining the township where the land of the appellant is situated outside of the assessment district. Notice of the appointment of the board of review to review the apportionment of the per cent of benefits upon lands shall be given by posting a notice thereof in five public and conspicuous places in the special assessment district at least five days prior to the hearing in the probate court for the appointment of such board of review. Such board of review when appointed shall give notice of its hearing in the matter, and of the time and place when and where it will meet to review the apportionment of benefits upon the lands in the assessment district, by posting a notice thereof at least five days before the day of hearing in five public and conspicuous places within the special assessment district. Such board of review shall also cause a copy of such notice to be delivered to the appellant, or left at his place of residence, if his residence is within the said district. If the assessment district is situated in more than one county the application for the board of review and the appointment thereof shall be made in the same manner as is hereinbefore provided for the application for and the appointment of the board of review to equalize and review assessments made upon the counties at large, the several townships, and the assessment district in any such case. When so selected said board of review shall proceed to review the assessments upon all lands within the assessment district as provided in this section and in the following section. SEC. 48. The apportionment of benefits for the proposed improvements against the county at large, or against any city at large, and against the several townships at large, as made by the county road commissioners, or the State Highway Commissioner, or in case of appeal by the county or any township as made by the board of review hereinbefore provided for shall be final and conclusive and shall not be changed by the board of review herein appointed to review proofs and the apportionment of benefits upon lands. The board of re- To hear view herein shall proceed at the time and place specified allegations. in their notice to hear the proofs and allegations of the parties in interest, and shall proceed to view the lands benefited by the proposed improvement, and to review all of the apportionments for benefits made by the county road commissioners or the State Highway Commissioner, on lands benefited in the assessment district on account of such improvement, and if in their judgment there be manifest error in any such apportionment upon lands benefited, they shall make such changes therein and equalize the same as they deem just and equitable. All boundaries of the special assessment district as Boundaries to made by the county road commissioners, or the State High- be final. way Commissioner, or by the board of review herein before mentioned, upon appeal shall be final and conclusive; the board of review appointed to review the apportionment of the per cent upon lands shall have no power to add additional lands to the special assessment district. But one appeal shall be acted upon to review the apportionment of the per cent of benefits assessed upon lands in the assessment district. contracts. SEC. 63. As the work of improvement progresses, the Estimates, county road commissioners, or the State Highway Commis- etc. sioner, shall cause written estimates to be made, and certificates of work done and materials furnished, according to specifications, and of the value of the work accomplished by the several contractors. These estimates and certificates shall be made and signed by a competent engineer. At the request of any contractor doing work, such estimate shall be made at least once in each month. The county road commissioners, Payments on or the State Highway Commissioner, shall make no payment on any contract without such written estimates and certificates that the work is done according to specifications where the total contract price shall be five hundred dollars or over. Before the final completion of the work and its final acceptance, they shall not pay more than eighty per cent of the amount of such estimates and certificates: Provided, That Proviso. upon satisfactory showing of the paying of outstanding indebtedness as hereinafter provided the amount retained on such estimates may be proportionately reduced in the discretion of the State Highway Commissioner or the board of county road commissioners as the work progresses. Before payment is made on any estimate or certificate aforesaid, the contractor shall file an affidavit showing, either that all labor and material so far used in the improvement has been paid for by him, or an itemized statement giving the several amounts and names of persons to whom anything is owing for labor and material used in the particular improvement contracted for by him, or he shall file releases from all persons unpaid for either labor or material used in such improvement. In case it appears from such affidavits that any labor or material is not paid for, the county road commissioners, or the State Highway Commissioner, shall deduct from any payment to be made by them such indebtedness for This act is ordered to take immediate effect. Spearing u nlawful. enalty. [No. 23.] AN ACT for the protection of fish in the inland lake known as Hopkins lake in the townships of Summit and Pere Marquette, in the county of Mason. The People of the State of Michigan enact: SECTION 1. Hereafter it shall not be lawful to catch, kill or destroy any kind of fish, with any form of spear, at any time, in the inland lake known as Hopkins Lake, in the townships of Summit and Pere Marquette, in the county of Mason. SEC. 2. Any person violating the provisions of this act shall upon conviction be punished by a fine of not less than ten dollars nor more than one hundred dollars or by imprisonment in the county jail for a period of not less than ten days uor more than ninety days, or both such fine and imprisonment in the discretion of the court. Approved April 1, 1921. Closed season. [No. 24.] AN ACT to prohibit the taking, catching or killing of fish in The People of the State of Michigan enact: SECTION 1. It shall be unlawful for any person or persons to take, catch, or kill or attempt to take, catch or kill, by any method or means whatsoever, any and all kinds of fish in Otsego lake, located in the county of Otsego in said state during the months of November, December, January, February and March of each year. SEC. 2. Any person or persons violating this act shall be Penalty. deemed guilty of a misdemeanor and, upon conviction thereof, for the first offense shall be punished by a fine of not less than twenty-five dollars and not exceeding one hundred dollars, together with the costs of the prosecution, or by imprisonment in the county jail, not exceeding ninety days or by both such fine and imprisonment in the discretion of the court; and for the second or any subsequent offense, such per- Second son or persons shall, upon conviction, be punished by a fine offense. not less than fifty dollars and not exceeding one hundred dollars, together with costs of prosecution, or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment in the discretion of the court. Approved April 1, 1921. [No. 25.] AN ACT to provide for the protection of grass pike and pickerel in the waters of Lake Gogebic and the rivers and streams flowing into and out of said lake. The People of the State of Michigan enact: season. SECTION 1. It shall not be lawful for any person to take, Closed attempt to take or catch by any means whatever any grass pike or pickerel in the waters of Lake Gogebic or any of the rivers or streams flowing into or out of said lake from and including the first day of March to and including the fifteenth day of May of each year. what deemed. SEC. 2. In all prosecutions under this act it shall be prima Prima facie. facie evidence on the part of the people of the violation of the provisions of this act to show that the defendant was . found upon the waters of said lake or of any of the rivers or streams flowing into or out of said lake with spear, net, set lines, hook and line or any other device used in taking or catching fish in said waters. SEC. 3. Any person violating the provisions of this act Penalty. shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed fifty dollars and costs of prosecution or by imprisonment in the county jail not to exceed sixty days or both such fine and imprisonment in the discretion of the court. This act is ordered to take immediate effect. Section amended. Inspector of dams. Proviso. [No. 26.] AN ACT to amend section three of act number two hundred ninety-five of the Public Acts of nineteen hundred nine, entitled "An act to provide for the erection and maintenance of fish shutes or fish ladders for the free passage of fish through or over dams now in existence, or which shall hereafter be erected, across rivers, streams or creeks, and to prohibit the obstruction of rivers, streams and creeks in such a manner as to prevent the free passage of fish up and down," being section seven thousand six hundred twenty-five of the Compiled Laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. Section three of act number two hundredninety-five of the Public Acts of nineteen hundred nine, entitled "An act to provide for the erection and maintenance of fish shutes or fish ladders for the free passage of fish through or over dams now in existence, or which shall hereafter be erected, across rivers, streams, or creeks, and to prohibit the obstruction of rivers, streams and creeks in such a manner as to prevent the free passage of fish up and down," being section seven thousand six hundred twenty-five of the Compiled Laws of nineteen hundred fifteen, is hereby amended to read as follows: SEC. 3. The State Game, Fish and Forestry Warden is hereby made inspector of dams across rivers, streams and creeks of this state, and it shall be his duty to prosecute in the name of the people of the state in all cases where the provisions of this act are not complied with, and it shall be the duty of the prosecuting attorney of any county in which a prosecution is commenced under this act to aid in said prosecution when requested to do so by the State Game, Fish and Forestry Warden or any one of his deputies or such offi cer or department as shall succeed to the powers and duties of that office: Provided, That the Attorney General may institute mandamus proceedings in the circuit court for Ingham county to compel any person, firm or corporation to comply with the provisions of section one of this act. Approved April 1, 1921. |