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Relative to orders and collection of taxes when ditch is in more than one township.

Separate fund for ditches.

Penalties for neglect, etc., of duties.

township board of the township in which such water-course is established or ditch located shall draw orders in favor of each of such officers and laborers for the amount to which they are entitled, as shown by the statement of the drain commissioner filed with the township clerk. They shall likewise draw orders in favor of each person entitled to compensation on account of such watercourse or ditch running across his land; also in favor of each person who has performed labor under contract from said drain commissioner, in opening a portion of such water-course or ditch, as shown by said statement, which order shall be drawn on the township treasurer of the township in which such water-course or ditch lies, and made payable by the first day of February next after the date thereof; and if such water-course or ditch lies in more than one township, then the township board of the township in which the most of such water-course or ditch lies shall draw all the orders on the township treasurer of that township, and the township treasurers of the other townships shall pay over all the money which they collect, or is paid to them, as ditch tax, or on account of such water-course or ditch, by the first day of February aforesaid, or as soon thereafter as collected or paid to them, to the township treasurer on which such orders are drawn, and the township treasurer or the township treasurers on which such orders are drawn shall, in all cases, pay such orders as fast as funds come into their hands from such ditch tax, or on account of such watercourse or ditch, and not otherwise; and when such orders are presented to such treasurers after such first day of February, and they have not funds in their hands to pay them, they shall indorse the date of such presentation, after which such orders shall draw interest till paid. A separate fund shall be kept for the moneys collected for each ditch, which fund shall be applied exclusively for the construction of such ditch.

(1796.) SEC. 19. Such drain commissioners and such other officers and persons refusing, failing, or neglecting to perform any of the duties imposed by this act, shall forfeit and pay a fine of ten dollars for every such neglect, failure, or refusal, to be recovered before any justice of the peace in his township, for the benefit of drainage in said township, at the suit of any person feeling Disposition of aggrieved thereby; said fine money to be paid over by the justice of the peace to the township treasurer, who shall take a receipt therefor and file it with the township clerk, who shall credit the money to such fund. No drain commissioner, justice of the peace, commissioner of appraisal, or juror, shall serve in any case wherein he is personally interested.

fine money.

structing ditch,

(1797.) SEC. 20. Whoever shall willfully obstruct any such water- Penalty for obcourse or ditch, or injure the same, shall be liable to every person etc. injured for the full amount of injury occasioned by damage to or obstruction of said ditch or water-course, and shall forfeit for every such offense a sum not exceeding twenty-five dollars, to be recovered before a justice of the peace of such township, for the benefit of drainage in such township (to be paid over as provided in the foregoing section), at suit of any person making complaint, and shall also remove such obstruction, and in default thereof for three days, shall be liable to an action therefor, before any justice of the peace of the township, at the suit of the drain commissioner, to be expended by said commissioner in removing such obstructions and Disposition of in paying fees of commissioner in superintending the same. (1798.) SEC. 21. All laws contravening the provisions of this act Laws repealed. are hereby repealed, except as to acts done and rights accrued under act number thirty-nine of session laws of eighteen hundred and sixty-nine, and former township ditch laws, which rights may be perfected and closed under the provisions of this act, as if the same were not repealed.

fine money.

(1799.) SEC. 22. The provisions of this act shall not apply to the Exemptions. county of Tuscola.

(1800.) SEC. 23. The subjoined forms, or other similar, may be

used in executing this act.

SEC. 24. This act shall take immediate effect.

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Certain persons

relations.

CHAPTER XLIX.

THE SUPPORT OF POOR PERSONS BY. THEIR
RELATIVES.

Chapter thirty-seven of Revised Statutes of 1846.

(1801.) SECTION 1. The father, mother, and children, being of to support poor sufficient ability, of any poor person who is blind, old, lame, impotent, or decrepit, so as to be unable to maintain himself, shall, at their own charge, relieve and maintain such poor person, such manner as shall be approved by the directors of the poor of the township where such poor person may be.

In case of failure, superintendents

cuit court.

(1802.) SEC. 2. Upon the failure of any relative to relieve and to apply to cir- maintain any such poor person, it shall be the duty of the superintendents of the poor of the county where such poor person may be, to apply to the circuit court for the county where such relative may dwell, for an order to compel such relief; of which application at least fourteen days' notice in writing shall be given, by serving the same personally, or by leaving the same at the dwelling

place of the person to whom it may be directed, in case of his absence therefrom, with some person of sufficient age.

order.

(1803.) SEC. 3. The court to which such application may be Court to make made, shall proceed in a summary way to hear the proofs and allegations of the parties, and shall order such of the relatives aforesaid of such poor person, as appear to be of sufficient ability, to relieve and maintain such poor person, and shall therein specify the sum which will be sufficient for the support of such poor person, to be paid weekly.

relations are

(1804.) SEC. 4. The said court shall also in such orders direct Order in which the relative or relatives who shall perform that duty, in the follow- liable. ing order: The father shall be first required to maintain such poor person, if of sufficient ability; if there be no father, or he be not of sufficient ability, then the children of such poor person; if there be no such children, or they be not of sufficient ability, then the mother, if she be able to do so.

when to be

(1805.) SEC. 5. If it shall appear that any such relative is unable Contribution, wholly to maintain such poor person, but is able to contribute ordered. towards his support, the court may, in its discretion, direct two or more relatives of different degrees to maintain such poor person, and shall prescribe the proportion which each shall contribute for that purpose; and if it shall appear that the relatives liable as aforesaid are not of sufficient ability wholly to maintain such poor person, but are able to contribute something therefor, the court shall direct the sum, in proportion to their ability, which such relations shall severally pay weekly for that purpose.

specify; may be

cases.

(1806.) SEC. 6. Such order may specify the time during which Order, what to the relatives aforesaid shall maintain such poor person, or during varied in certain. which any of the said sums so directed by the court shall be paid, or it may be indefinite, or until the further order of the court; and the said court may from time to time vary such order, whenever circumstances shall require it, on the application either of any relative affected thereby, or of any superintendent of the poor, upon fourteen days' notice being given in the manner aforesaid.

and expenses,

forced.

(1807.) SEC. 7. The costs and expenses of any application under Payment of costs the provisions of this chapter, shall be ascertained by the court, etc., how enand paid by the relatives against whom any order may be made; and the payment thereof, and obedience to the order of maintenance, and to any order of such court for the payment of money as aforesaid, may be enforced by process of attachment from such

court.

Action may be

brought by su

case of neglect, etc.

When superintendent to seize

of persons absconding.

(1808.) SEC. 8. If any relative who shall have been required by perintendents in such order to relieve or maintain any poor person, shall neglect to do so in such manner as shall be approved by the directors of the poor of the township where such poor person may be, and shall neglect to pay to the superintendents of the poor of the county, weekly, the sum prescribed by the court for the support of such poor person, the said superintendents may maintain an action against such relatives, as for moneys paid, laid out, and expended, and shall recover therein the sum so prescribed by the said court for every week the said order shall have been disobeyed, up to the time of such recovery, with costs of suit, for the use of the poor. (1809.) SEC. 9. Whenever the father, or the mother, being a and take estate widow or living separate from her husband, shall abandon, neglect, or refuse to maintain his or her children, or a husband shall abandon, neglect, or refuse to maintain his wife, leaving any of them chargeable, or likely to become chargeable, upon the county for their support, a superintendent of the poor of the county where such wife or children may be may seize upon and take immediate possession of the goods, chattels, effects, things in action, and the lands and tenements of any such father, mother, or husband, Inventory to be wherever the same may be found in the said county; and the said superintendent shall make an inventory of the property so seized, a copy of which shall be left with the owner of the same, or at his or her last known place of residence, together with a notice to Notice of hear appear before a justice of the peace of the said county within one week after such seizure, and show cause why such seizure should not have been made. Said notice shall state the time, place, and officer before whom a hearing may be had.'

made, and copy, etc., left with

owner.

ing.

When approval

of inventory by

(1810.) SEC. 10. Upon the due proof of the facts aforesaid, the justice indorsed, said justice of the peace shall indorse upon said inventory his ty shall be vest- approval of the proceedings, and the superintendents of the poor

rights to proper

ed in superin

tendents.

Sales by owner after seizure, to be void.

of said county shall then be vested with all the rights and title to the said property, things in action, and effects which the person so abandoning, neglecting, or refusing to support as aforesaid, had at the time of seizure.1

(1811.) SEC. 11. All sales and transfers of any personal property of such father, mother, or husband, made by him or her, after such seizure by a superintendent, whether in payment of an antecedent debt, or for a new consideration, shall be absolutely void, and the superintendent of the poor having the matter in charge shall return the inventory of the property so seized, with his proceed

1 The sections 9, 10, 11, 12, 13, 14, as amended by Act 158 of the Laws of 1969, p. 813. approved April 5, 1869.

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