Subsequent notice. Owner, etc., liability of. Recoupment. Risk of payments. Such notice, however, shall be sufficient if served at any time subsequent to said thirty days, but before the original contractor shall make out and give to the owner, part owner or lessee or his agent, a statement under oath of the number and names of every subcontractor or laborer in his employ, and of every person, firm or corporation furnishing materials, giving the amount, if anything, which is due or to become due on them, or any of them, for work done or materials furnished as required by section four of this act. The owner, part owner or lessee shall not be liable to the subcontractor, material men or laborers, for any greater amount than he contracted to pay the original contractor, and shall be entitled to recoup any damages which he may sustain by reason of any failure or omission in the performance of such contract, but the risk of all payments made to original contractor after he shall have received the notice above mentioned, or before the contractor shall have furnished him with a statement as hereinbefore provided, shall be upon the owner, part owner or lessee until the expiration of sixty days, within which claims for lien may be filed as hereinafter provided, and no payment made to any contractor before the expiration of said sixty days shall defeat any lien of any subcontractor, material man or laborer, unless such payment has been distributed among the subcontractors, material men or laborers, or if distributed in part only, then to the extent of such distributions. Approved April 25, 1919. Set hook lines or spears. Local acts. [No. 141.] AN ACT to provide for the taking of fish in Lakes Superior, Huron, Michigan; St. Clair and Erie, the bays thereof and the connecting waters between such lakes within the jurisdiction of this State, with set hook lines or spears. The People of the State of Michigan cnact: SECTION 1. Hereafter it shall be lawful to take fish in Lakes Superior, Huron, Michigan, St. Clair and Erie and the bays and harbors connected therewith with set hook lines or spears. SEC. 2. Provided, That nothing in section one of this act shall be construed to repeal any local act now prohibiting the spearing of fish in said waters. Approved April 25, 1919. [No. 142.] AN ACT to amend section eight of chapter six of act two hundred fifty-four of the Public Acts of eighteen hundred ninety-seven, entitled "An act to provide for the construction and maintenance of drains, and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto," the same being section four thousand nine hundred twenty-two of the Compiled Laws of nineteen hundred fifteen, as amended. The People of the State of Michigan enact: amended. SECTION 1. Section eight of chapter six of act number Section two hundred fifty-four of the Public Acts of eighteen hundred ninety-seven, entitled "An act to provide for the construction and maintenance of drains, and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto," the same being section four thousand nine hundred twenty-two of the Compiled Laws of nineteen hundred fifteen, as amended, is hereby amended to read as follows: drawn. SEC. 8. All orders for the payment for services rendered Orders, how and work performed shall be drawn by the county drain commissioner upon the drain fund of each particular drain. In Installments. case of taxes assessed for benefits received which are to be paid in four annual installments or less, all orders for the payment for lands for right of way shall be paid on presentation out of the county treasury and for all other services rendered and incurred, except contracts for construction, shall be paid out of the first year's taxes, and the balance of such first year's taxes, if any, shall be applied pro rata among the several contractors in the payments of the contracts for the construction of such drain. For the balance due upon Balance due. such contracts the county drain commissioner shall draw orders payable out of each succeeding year's assessment, pro rata among the several contractors: Provided, That no county drain commissioner shall draw orders payable in any one year for a larger amount than said year's assessment, except in cases where bonds are issued and sold as provided by law. All drain orders shall be drawn payable on the fif- When teenth day of March of the year in which the drain taxes for the payment thereof are required to be paid. All orders not Interest. paid when due, by reason of delinquency in the payment of such drain taxes, shall draw interest at the rate of six per centum per annum from the date of maturity, said interest to be computed by the county treasurer and to be paid with the principal out of the proper fund on which it was drawn, and out of no other fund, and such treasurer shall report to the county drain commissioner the amount paid as interest Proviso, payable. Proviso, certified orders. Proviso, pay general fund. ment from Reimburse ment of fund. When bonds issued. on such orders: Provided, That when such order shall be presented for payment and no funds are available owing to the delinquency in the payment of such drain taxes, the county treasurer shall so certify upon such order and such order shall then draw interest until funds are available for the payment of the same, but no order shall draw interest until so certified by the county treasurer: Provided further, That the holder of such order may, if he so desires, have the right to require payment thereof out of any moneys in the general fund of the county treasury that may be available, if the drain fund is insufficient for such purpose because of delinquency in the payment of drain taxes after the lands on which the said taxes shall have become delinquent have been offered for sale. In any such case where payment is made by the county treasurer out of the general fund any and all delinquent drain taxes received by said treasurer thereafter shall be credited to the general fund until the same is reimbursed. In all cases where bonds are issued and sold as herewith provided and the proceeds thereof are deposited in the county treasury to the credit of the fund of the particular drain, orders presented on such fund shall be paid out of the proceeds aforesaid, or out of the first annual installment of the taxes. In no case where there are outstanding bonds shall an order be paid out of any installment of taxes collected other than the first. Approved April 25, 1919. Section amended. [No. 143.] AN ACT to amend section fifty-eight of chapter two of act number three hundred fourteen of the Public Acts of nineteen 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," being section twelve thousand one hundred forty-one of the Compiled Laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. Section fifty-eight of chapter two of act number three hundred fourteen of the Public Acts of nineteen 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," being section twelve thousand one hundred fortyone of the Compiled Laws of nineteen hundred fifteen, is hereby amended to read as follows: Salary of circuit judges, etc. amount. SEC. 58. Each circuit judge and each of the judges of the recorder's and of the superior court shall receive an annual salary of five thousand dollars. The amount herein provided shall be compensation in full for all services performed by each of said judges in this State, unless the board of super- Additional visors shall have, or at any regular session hereafter shall vote to pay the circuit judge regularly holding court in such county or unless the common council shall vote or shall have voted to pay the judges of the recorder's or superior court, an amount in addition to the salary herein designated: Provided, That whenever a judge of any circuit shall hold court in any other circuit he shall not be paid by the State any extra or other compensation than is herein provided. Approved April 25, 1919. Proviso, holding court in other circuits. [No. 144.] AN ACT to amend section three of act number one hundred fifty-six of the Session Laws 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 sixty-six of the Compiled Laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. Section three of act number one hundred Section fifty-six of the Session Laws of eighteen hundred fifty-one, amended. 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 sixty-six of the Compiled Quorum. Chairman. Temporary chairman. Power. Ineligible to certain other offices. Laws of nineteen hundred fifteen, is hereby amended to read as follows: SEC. 3. A majority of the supervisors of any county shall constitute a quorum for the transaction of the ordinary business of the county, and all questions which shall arise at their meetings shall be determined by the votes of a majority of the supervisors present, except upon the final passage or adoption of any measure or resolution, or the allowance of any claim against the county, in which case a majority of all the members elect shall be necessary. They shall sit with open doors, and all persons may attend their meetings. They shall, at their first meeting after the annual township meeting in each year, choose one of their number as chairman, who shall preside at all meetings of the board during the year, if present, but in case of his absence from any meeting, the members present shall choose one of their number as temporary chairman. Every chairman shall have power to administer an oath to any person concerning any matter submitted to the board or connected with the discharge of their duties, to issue subpoenas for witnesses and to compel their attendance in the same manner as courts of law. No supervisor, while he is a member of such board, shall be eligible to election or appointment to any other county office, or position the election or appointment of which is within the jurisdiction of such board of supervisors. Approved April 30, 1919. Section amended. [No. 145.] AN ACT to amend section nine of act number one hundred eighty-eight of the Public Acts of eighteen hundred ninetynine, as last amended by act number one hundred ninetyfive of the Public Acts of nineteen hundred fifteen, entitled "An act to provide for the taxation of inheritances, transfers of property by will, transfers of property by the intestate laws of this State, or transfers of property by deed, grant, bargain, sale or gift, made in contemplation of the death of the grantor, vendor, or donor, or intended to take effect in possession or enjoyment at or after such death," same being section fourteen thousand five hundred thirtytwo of the Compiled Laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. Section nine of act number one hundred eighty-eight of the Public Acts of eighteen hundred ninetynine, as last amended by act number one hundred ninety-five |