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ing at the time he suffers the accidental injury, such daily earnings shall be taken and held to be for all the purposes of this act such a sum as having regard to the previous daily earnings of the injured employe and of other employes of the same or most similar class working in the same or most similar employment in the same or neighboring locality shall most nearly approximate the daily earnings of the said injured employe at the time he receives the accidental injury, in the employment in which he was working at such time. After the amount of said daily wage, salary or emolument shall be determined as in this subsection provided, said amount shall be multiplied by six, and the product so obtained shall be for all the purposes of this act taken and held to be the average weekly wages of such employe.

(d) The fact that an employe has suffered a previous dis- Later ability or received compensation therefor, shall not preclude injuries. compenation for the later injury or for death, but in determining compensation for the later injury or death his average annual earnings shall be held to be such sum as will reasonably represent his annual earning capacity at the time of the later injury in the employment in which he was working at such time and shall be arrived at according to and subject to the provisions of this section

in wages.

(e) The weekly loss in wages referred to in this act shall Weekly loss consist of such percentage of the average weekly earnings of the injured employe computed according to the provisions of this section as shall fairly represent the proportionate extent of the impairment of his earning capacity in the employment in which he was working at the time of the accident, the same to be fixed as of the time of the accident, but to be determined in view of the nature and extent of the injury. Approved April 13, 1917.

[No. 42.]

AN ACT to provide for the surrender by lessees or occupants of any leased property destroyed or rendered untenantable or unfit for occupancy.

The People of the State of Michigan enact:

buildings be

SECTION 1. When any leased or rented building is de Leased stroyed, or is so injured by the elements, or in any other way, coming unas to be untenantable or unfit for occupancy, and no express tenantable. agreement to the contrary has been made in writing, the lessee or occupant may, if the destruction or injury occurred without his fault or neglect, quit and surrender possession of

Lessee not liable for

rent.

the building, and of the land so injured, destroyed, or ren-
dered untenantable or unfit for occupancy; and such lessee
or occupant shall not be liable to pay to the lessor or owner
rent for the time subsequent to the surrender.
Approved April 13, 1917.

Section amended.

Villages of 250 or over may construct, etc.,

water works.

[No. 43.]

AN ACT to amend section one of chapter eleven of act number three of the Public Acts of eighteen hundred ninetyfive, entitled "An act to provide for the incorporation of villages within the State of Michigan, and defining their powers and duties," being section two thousand seven hundred sixty-four of the Compiled Laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Section one of chapter eleven of act number three of the Public Acts of eighteen hundred ninety-five, entitled "An act to provide for the incorporation of villages within the State of Michigan, and defining their powers and duties," being section two thousand seven hundred sixtyfour of the Compiled Laws of nineteen hundred fifteen, is hereby amended to read as follows:

SEC. 1. Any village having a resident population of two hundred fifty or over shall have authority to purchase or construct and maintain water works, for the introduction of water into the village and supplying the village and the inhabitants thereof with pure and wholesome water for the extinguishment of fires, the ordinary and extraordinary uses of the inhabitants thereof, and for such other purposes as the council may prescribe.

Approved April 13, 1917.

[No. 44.]

AN ACT to amend sections two, three and four of act number three hundred twenty-five of the Public Acts of nineteen hundred thirteen, entitled "An act to provide for the recall of certain elective officers and for the election to fill vacancy created thereby."

amended.

tions, where

The People of the State of Michigan enact: SECTION 1. That sections two, three and four of act Sections three hundred twenty-five of the Public Acts of nineteen hundred thirteen, entitled "An act to provide for the recall of certain elective officers and for the election to fill the vacancy created thereby," be amended to read as follows: SEC. 2. Petitions demanding the recall of United States Recall petiSenators, members of Congress, State senators and representa- filed. tives in the State Legislature and elective State officers shall be filed with the Governor; petitions for the recall of the Governor shall be filed with the Secretary of State. Petitions demanding the recall of any elective county, township, village or school official shall be filed with the probate judge; petitions demanding the recall of any city official, except the mayor, shall be filed with the mayor of said city; petitions demanding the recall of the mayor shall be filed with the city clerk. The petition shall be signed Signatures by at least twenty-five per centum of the number of electors required. who voted for the Governor at the last preceding election in the election district of the official sought to be recalled, except in case of officials of fractional school districts, in which case twenty-five per centum of the number of qualified electors assessed for school taxes shall be sufficient. In case of school officers sought to be recalled, any qualified elector at a school election shall be qualified to sign the petition. Said petition, or part thereof, shall be printed or typewritten and shall state clearly the reason or reasons for said demand. The To be in signatures thereto shall be in writing and shall state the writing. ward, precinct and street number or township in which said petitioner lives. The circulator of the petition, or his agent Affidavit. or representative thereof, shall attach thereto the affidavit that the said signatures are the signatures of qualified electors; that they are genuine and made in good faith for the purposes set forth in said petition but no such petition shall be circulated against any officer until he has actually performed the duties of his office for a period of forty-five days for a legislative office, and three months for any other office. SEC. 3. Whenever a petition signed as provided in section Special two of this act is filed against any officer, a special election shall be called within five days thereafter by the official with whom such petition shall have been filed. In case of Appointment county, township, village, city or school recall elections un- etc.

election.

of inspectors,

plies, ballot.

der this act, the official with whom the petition is filed shall designate and appoint qualified electors of the election district where such election is to be held, to act as inspectors, clerks and gatekeepers of the election, the number to be the same as is required under the general election laws of the State, recall election of school officers to be governed by the general election laws for township or city elections, according to whether such school district is embraced within the Notice given. limits of a township or city. The official making the appointment of inspectors, clerks and gatekeepers shall serve notice of such appointments either personally or by mail upon the persons so appointed, at least five days before such election is to be had, and in case the persons so designated, or any of them, shall fail to attend, the places of such absentee or absentees shall be supplied in the manner for supElection supplying absentees at regular elections. The official calling such election shall provide such election supplies as are required under the election laws of the State and shall prepare and have printed the recall ballot herein provided for. The expense of providing such election supplies, printing, et cetera, shall be a charge against the municipality wherein such election is held, such expense to be paid upon presentation of bills approved by the official calling such election. Such election shall be held within twenty days after the calling thereof to determine whether the electors will recall said officer, but said officer shall continue to perform the duties of his office until the result of said election is declared. The recall ballot used at said special election shall have printed thereon, in not more than two hundred words, the reason or reasons for demanding the recall of said officer as set forth in said petition, and in not more than two hundred words, the officer's justification of his course of office. There shall be printed on the recall ballot the following questions:

Expense, how paid.

Recall election, when held.

Ballot, what printed on.

Certification of result.

Election to fill vacancy.

Proviso.

Shall (name the person against whom the recall petition is filed) be called from the office of (title of the office)? Yes. [ ]

No. [ ]

SEC. 4. If, upon a canvass of the votes cast upon the question of the recall of such officer, a majority of the voters voting shall decide in favor of such recall, the election board shall certify such result as soon as may be to the officer with whom the recall petition was filed, and said office shall be deemed to be vacant and within five days after receiving certification, the officer with whom the recall petition shall have been filed shall call a special election to be held within thirty days, for the filling of such vacancy, the same provisions made in section three for the calling of the special recall election to govern in the calling of such second special election: Provided, That the officer so recalled shall continue to perform the duties of his office until his successor

shall when re

called officer

shall have been elected and qualified. Unless he voluntarily withdraw, the officer so recalled shall be con- again sidered a candidate for re-election to said office and other candidate. candidates for the office may be nominated and voted for at said special election by filing with the officer with whom the recall petition has been filed, a petition within fifteen days after said special election is called, signed by not less than three per centum of the qualified electors of the electoral district, and said candidates so filing said petition shall be considered nominated for said office. The candidate who has Plurality received the highest number of votes for the vacancy created by such recall shall be considered duly elected for the remainder of the term and the votes for said candidate shall be returned to the officer calling such special election, who shall issue a certificate of election to the successful candidate. Approved April 13, 1917.

elects.

[No. 45.]

AN ACT to amend section one of chapter two of act number two hundred eighty-three of the Public Acts of nineteen hundred nine, approved June two, nineteen hundred nine, as amended, entitled "An act to revise, consolidate and add to the laws relating to the establishment, opening, improvement, maintenance and use of the public highways and private roads, the condemnation of property and gravel therefor; the building, repairing and preservation of bridg es; setting and protecting shade trees, drainage, cutting weeds and brush within this State, and providing for the election and defining the powers, duties and compensation of State, county, township and district highway officials."

The People of the State of Michigan enact:

SECTION 1. Section one of chapter two of act number two Section hundred eighty-three of the Public Acts of nineteen hundred amended. nine, approved June two, nineteen hundred nine, as amended, entitled "An act to revise, consolidate and add to the laws relating to the establishment, opening, improvement, maintenance and use of the public highways and private roads, the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; setting and protecting shade trees, drainage, cutting weeds and brush within this State, and providing for the election and defining the powers, duties and compensation of State, county, township and district highway officials," being section four thousand three hundred eighteen of the Compiled Laws of

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