Proviso.

Pending actions.

brought Provided, however, That in case of trespass on lands, and in cases where an action on the case for fraud or deceit may by law be brought, and in cases of the conversion of personal property into money, the plaintiff may bring and maintain either an action of assumpsit, or an action of trespass on the case. In all cases not otherwise specially provided for by law. where a pecuniary penalty or forfeiture shall be incurred by any person, and the act or omission for which the same is imposed, shall not also be a misdemeanor, such penalty or forfeiture may be recovered in an action of assumpsit. In all such cases where assumpsit is brought, a promise shall be implied by law to pay all just damages sustained by plaintiff and may be so declared upon. Actions pending at the time this act takes effect shall not in anywise be affected by the provisions of this section. No bond, deed of conveyance or other contract heretofore or hereafter executed in writing, signed by any party, his agent or attorney, shall be deemed invalid for want of a seal or scroll annexed thereto by such party.

Approved April 23, 1925.

Section amended.

Powers of boards of supervisors.

[No. 69.]

AN ACT to amend section eleven of act number one hundred fifty-six of the public acts of eighteen hundred fifty-one, entitled "An act to define the powers and duties of the boards. of supervisors of the several counties, and to confer upon them certain local, administrative and legislative powers," being section two thousand two hundred seventy-four of the compiled laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Section eleven of act number one hundred fiftysix of the public acts of eighteen hundred fifty-one, entitled "An act to define the powers and duties of the boards of supervisors of the several counties, and to confer upon them certain local, administrative and legislative powers," being section two thousand two hundred seventy-four of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows:

SEC. 11. The said several boards of supervisors shall have power and they are hereby authorized at any meeting thereof lawfully held:

First, To purchase for the use of the county any real estate necessary for the erection of buildings for the support of the poor of such county, and for a farm to be used in connection therewith;

Second, To purchase any real estate necessary for the site of any court house, jail, clerk's office, or any other county building in such county;

Third, To fix upon and determine the site of any such building, if not previously located;

Fourth, To authorize the sale or leasing of any real estate belonging to such county, and to prescribe the mode in which any conveyance thereof be executed;

Fifth, To remove or designate a new site for any county buildings required to be at the county seats, when such removal shall not exceed the limits of the village or city at which the county seat is situated, as previously located;

Sixth, To cause to be erected the necessary buildings for poorhouses, jails, clerk's offices, and other county buildings, and to prescribe the time and manner of erecting the same; Seventh, To borrow or raise by tax upon such county such sums of money as may be authorized by law;

Eighth, To provide for the payment of any loan made by them, by tax upon such county, which shall in all cases be within fifteen years from the date of such loan;

Ninth, To prescribe and fix the salaries and compensation of all employes of their respective counties where not fixed by law, to adjust all claims against their respective counties except in counties having a board of county auditors and the sums allowed in such adjustment of claims shall be subject to appeal as shall be provided by law;

Tenth, To direct and provide for the raising of any money which may be necessary to defray the current expenses and charges of said county, and the necessary charges incident to or arising from the execution of their lawful authority, subject to the limitations prescribed in this act: Provided, That Proviso. the said several boards of supervisors shall have power to borrow in any year, in anticipation of the levy or collection of taxes for the same year, such sum of money, not exceeding fifty per centum of the tax to be levied or collected for the general fund of said county, as may be necessary to defray current expenses of said county. The money so borrowed shall be repaid from such tax when levied and collected;

Eleventh, To abolish or revive the distinctions between township and county poor;

etc.

Twelfth, To authorize the making out of a new tax roll; Thirteenth, To pass such laws, regulations and ordinances May pass relating to purely county affairs as they may see fit, but which ordinances, shall not be opposed to the general laws of this state and which shall not interfere with the local affairs of any township, incorporated city or village within the limits of such county; to provide suitable penalties for the violation thereof, but said penalties shall not exceed a fine of one hundred dollars or imprisonment in the county jail for ninety days or both in the discretion of the court; to amend any local act of the legislature in force in their county and referring to matters within the jurisdiction of such board of supervisors or touching the local powers and duties of county officers, but

Proviso,

when laws, etc., effec

tive.

Proviso.

Further proviso.

the board of supervisors shall not have power to increase or extend its own powers, duties or jurisdiction and shall not have any jurisdiction over the circuit court; to change the limits of cities, villages and school districts within such county as may be provided by law, and in case there is no general law governing the subject, or where no change can be made in accordance with such general law, may change the limits of the villages and school districts upon petition of at least ten per cent of the resident tax-payers, and may incorporate primary school districts: Provided, That all the laws, ordinances, regulations and acts of incorporation provided for in this paragraph shall not take effect until they shall have been approved by the governor of the state, and it shall be the duty of the clerk of the board of supervisors to cause all of such laws, regulations, ordinances and acts to be. suitably engrossed, and they shall be signed by the chairman of the board of supervisors and certified to by the clerk thereof, and by the clerk immediately transmitted to the governor for his approval. If he approve the same he shall sign it, if he do not approve it, he shall retransmit the same with his objections to the clerk of the board of supervisors from which the same was received within ten days from receipt thereof. The ordinance or other act with the reason of the governor for not signing the same shall be submitted by the clerk to the board of supervisors at its next regular or special session, and the objections of the governor shall be entered at large on the journal of the board. The act of the board shall thereupon be reconsidered, and if two-thirds of the members elected to such board shall approve the act previously passed, notwithstanding the objections of the governor thereto, it shall become a law, except as herein otherwise provided. If the governor approves such act, he shall cause the same to be deposited with the secretary of state. If he do not approve such act and the board of supervisors pass the same upon reconsideration, notwithstanding the objections of the governor as herein before provided, the clerk of the board of supervisors shall cause the same to be deposited with the secretary of state after such ordinance or act has been certified as above required. It shall be the duty of the secretary of state to index and publish all such acts annually in a suitably bound volume for distribution in the same manner as public acts are at present distributed, and the expense of such publication shall be paid in the same manner as is now provided by law for the payment of the expense of the publication of the public acts: Provided, That no law, regulation, ordinance or act enacted by the board of supervisors shall take effect until sixty days after the adjournment of said board: Provided further, That if within fifty days after the said board of supervisors shall adjourn a petition signed by not less than twenty per cent of the electors residing in the territory to be affected by such law, regulation, ordinance or act shall be filed with the county clerk asking that such law, regulation, ordinance or act shall be submitted to the electors of the district to be

proviso.

officers.

affected thereby for their approval or rejection, then said law, regulation, ordinance or act shall not take effect until the same shall have been approved by a majority of the electors of the district affected voting thereon at any regular election or special election called for that purpose: Provided further, Further That the board of supervisors shall provide the manner of submitting such law, regulation, ordinance or act to the electors for their approval, and determining the result thereof; Fourteenth, To require any county officer whose salary or Reports by compensation is paid by the county, to make a report under county oath to them on any subject or matters connected with the duties of his office, and to require such officers to give bonds or further or additional bonds, as shall be reasonable or necessary, for the faithful performance of their respective duties; and any such officer who shall neglect or refuse to make any such report, or to give such bond within a reasonable time after being so required, may be removed from office by such board by a vote of two-thirds of all the members elect, and the office declared vacant, and such board may fill such vacancy for the unexpired portion of the time for which such officer was elected or appointed: Provided, That if the spring Proviso. or fall election shall occur before the expiration of the said unexpired term, if the office be an elective one, the vacancy shall be filled at such election, and it shall be the duty of such board to give reasonable notice of such election to fill the vacancy;

repairs.

Fifteenth, To authorize any township or townships in their Road, etc., respective counties, by a vote of the electors of said township or townships, to borrow or raise by tax upon such township any sum of money not exceeding ten thousand dollars in any township in any one year, to build or repair any roads or bridges in such township or townships, or in the use of which such township or townships may be interested, and to prescribe the time for the payment of any such loan, which shall be within fifteen years, and for assessing the principal and interest thereof upon such township or townships; and if any road or bridge is situated partly in one township and partly in another, or on the line between townships, or in case any township has any particular local interest in the construction or repair of any bridge, such boards of supervisors may determine, under such regulations as they may establish, the relative proportion which each township shall contribute in the building and repairing thereof, and the amount so apportioned to the several townships shall be assessed and collected in the same manner as other township taxes are now assessed and collected by law;

Sixteenth, To represent their respective counties and to Care of have the care and management of the property and business property, etc. of the county in all cases where no other provision shall be made;

Seventeenth, To establish such rules and regulations in Interests, reference to the management of the interest and business county.

etc., of

Proviso.

Further proviso.

Further proviso.

concerns of such county, and in reference to the mode of proceeding before such board, as they shall deem necessary and proper in all matters not especially provided for in this act or in some law of this state: Provided, however, That the board of supervisors shall in no case audit or allow any bill, claim or charge against the people or the county which shall not have been filed with the county clerk of such county on or before the third day of any regular meeting of said board, or on or before the first day of the adjourned or other meeting, as the case may be, except bills or claims which shall have been contracted by said board during the session thereof, and for mileage and per diem of the members of said board; and the county clerk shall keep a book in which he shall enter all claims in the order in which they are presented, giving the name of the claimant, the amount of the claim and the date when presented, which book shall, after the time prescribed for the presentation of claims, be placed in the hands of the chairman for the use of the board: Provided further, That at the October session the board may, by a vote of two-thirds of all the members elected, receive and allow accounts which have wholly accrued during the session: Provided further, That the board of supervisors shall have authority to remove any officer or agent heretofore or hereafter to be appointed by said board when in its opinion he is incompetent to execute properly the duties of his office, or when on charges and evidence it shall be satisfied that he has been guilty of official misconduct, or habitual or willful neglect of duty, if in its opinion such misconduct or neglect shall be a sufficient cause for such removal; but no such officer or agent shall be removed for such misconduct or neglect, unless charges thereof shall have been preferred to said board of supervisors or the chairman thereof, and notice of the hearing, with a copy of the charges, delivered to such officer or agent, and a full opportunity given him to be heard in his defense, either in person or by counsel.

Approved April 23, 1925.