Misdemeanor, what deemed. Penalty. Repealing clause. SEC. 3. Any person who shall be found guilty of violating any of the provisions of this act shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than five dollars nor more than one hundred dollars for each violation, and the costs of prosecution, and in default of payment thereof shall be confined in the county jail in the county until such fine and costs are paid, but not to exceed thirty days in all. SEC. 4. All acts and parts of acts inconsistent with this act are hereby repealed. This act is ordered to take immediate effect. Section amended. Temporary board of directors, who to appoint. How known. Permanent Li- Powers of. [No. 67.] AN ACT to amend section eleven of act number one hundred sixty-four of the public acts of eighteen hundred seventyseven, entitled "An act to authorize cities, incorporated villages and townships to establish and maintain free public libraries and reading rooms," said section being compiler's section three thousand four hundred fifty-nine of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section eleven of act number one hundred sixtyfour of the public acts of eighteen hundred seventy-seven, entitled "An act to authorize cities, incorporated villages and townships to establish and maintain free public libraries and reading rooms," said section being compiler's section three thousand four hundred fifty-nine of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows: SEC. 11. As soon as may be after any village or township shall have voted to establish a free public library, and any township or village where there is now a free public library and no library board has been elected, the township board of any township and the common council of any village is hereby authorized to appoint a temporary board of six directors, to be known as the provisional library board of the township or village, and to hold office until the election, at the next annual township meeting or village election, of a permanent library board of the township or village. Such permanent library board shall consist of six directors, two of whom shall be elected for one year, two for two years and two for three years. Annually thereafter there shall be elected two directors, who shall hold office for three years, and until their successors are elected and qualified. Such provisional and permanent library board shall have the same powers as are by this act conferred upon the boards of directors of free public libraries in cities. Approved April 19, 1905. [No. 68.] AN ACT to amend section eight of act number one hundred seventy-one of the public acts of nineteen hundred three, entitled "An act for the incorporation of associations not for pecuniary profit," approved June two, nineteen hundred three. The People of the State of Michigan enact: amended. SECTION 1. Section eight of act number one hundred sev- Section enty-one of the public acts of nineteen hundred three, entitled "An act for the incorporation of associations not for pecuniary profit," is hereby amended so as to read as follows: SEC. S. Nothing in this act contained shall permit any com- Insurance busipany, association or society to transact any insurance business other than the payment of a funeral benefit of not to exceed two hundred dollars. Approved April 19, 1905. ness, not per mitted. [No. 69.] AN ACT to authorize the establishment of a township system of roads in certain townships of this State, to provide for the raising of funds therefor and the appointment and election of overseers of highways in said townships and prescrib ing the powers and duties of said overseers of highways. The People of the State of Michigan enact: system, to be be taken. SECTION 1. The township board of each of the several town- Question of road ships of the State of Michigan, except in the Upper Peninsula, submitted to is hereby authorized to submit by resolution adopted by a ma- electors. jority vote of the members of said board to the qualified electors of each of the said townships, the question of adopting a township road system. Such vote may be taken at the election When vote may to be held on the first Monday in April, nineteen hundred five, or at any subsequent spring election, or any special election called for that purpose, and if five per cent of the freeholders When board may of any township shall petition said township board to submit call special such resolution, then said township board shall submit such resolution at the next township election: Provided, That at Proviso as to least twenty days shall intervene between the adoption of the adoption of resoresolution and the time of holding such election. After the adoption of the resolution by the township board, the township clerk shall give notice thereof. Such notice shall be ad- Notice of, what dressed to the electors of the township, and shall set forth the election. lution. to set forth, etc. how made, etc. action of the township board, together with a copy of the resolutions, which notice shall be printed and posted in six or more public places in the township, at least seven days before the Proof of posting, time of such election. Proof of the posting of said notice may be made by affidavit by any person or persons knowing the facts, which affidavit shall be filed in the office of the township clerk and recorded in the proceedings of the township board. Such affidavit, or the record thereof, shall be prima facie evidence of the facts stated therein. Road system, when considered adopted. SEC. 2. If, upon the canvass of the votes cast in any township at such election, it shall appear that a majority voting thereon is in favor of the adoption thereof, then the township road system, as hereinafter set forth, shall be considered as adopted in said township, and thereupon, the provisions of this act and all other acts relative to such system shall become Period, operative. Operative in such township. Said act shall remain operative in any township so adopting such measure for at least three years; but after the expiration of the three years any township may return to the provisions of the general highway laws by submitting the question to the voters of the township on petition of at least twenty-five tax payers of said township and the same being carried by a majority voting thereon. How township may return to former system. General law to govern elections. Form of ballot. Board to divide township into districts. Overseer of SEC. 3. The manner of preparing and distributing the ballots at any election held under this act and the manner of conducting, canvassing, returning and declaring the result, shall be the same as is now prescribed by law for other township elections of a similar nature, except as herein provided. The ballots for the submission of this proposition shall have printed thereon, in addition to the usual form and instructions, the words: "For township road system, Yes," and "For township road system, No." SEC. 4. Upon the adoption of said township road system, as hereinbefore provided, it shall be the duty of the township board to divide said township into four highway districts, to be designated as districts number one, two, three and four, for each of which there shall be elected annually one overseer of highways, by ballot, in the same manner as other township officers are elected who shall reside in the district from which he is elected: Provided, That in each and every township so adopting such system the township board is hereby authorized to appoint four overseers, one for each of said districts for the year nineteen hundred five, or for any year in which the township road system, as above provided, shall be adopted in said. township, which overseers shall hold their offices until the next spring election, or until their successors shall have been elected Duty of overseers, and qualified. It shall be the duty of said overseers to supervise the construction, care and improvement of all highways and bridges within their respective districts at such time and in such manner as may be prescribed by the township board of said township, under the provisions of this act. The said overseers of highways shall also, in their respective districts, per how audited. form such other duties as are now performed by highway commissioners and overseers of highways under the general highway law, except as otherwise herein provided. All bills, claims Bills, accounts, and accounts of said overseers of highways shall be reported to and audited and paid by the township board of said township so adopting such system in the same manner as other bills, claims and accounts against said township are audited and paid. The said overseers of highways shall receive for their re- Compensation, spective services such compensation as the township board of who to determine. said township shall determine. SEC. 5. Any person appointed or elected overseer of high- When oath and ways, under the provisions of this act, shall, within ten days bond, filed. after being so notified in writing by the clerk of said township, take and subscribe the constitutional oath and file the same with said clerk and shall execute and give such official bond as the township board may determine. filled. amount of tax. loan. scribe manner of SEC. 6. In case a vacancy shall occur in the office of town- Vacancy, how ship overseer of highways in any district, the township board may appoint an overseer to fill such vacancy, who shall hold office until his successor shall have been elected and qualified. SEC. 7. The township board shall each year determine the Township board amount of tax to be raised in said township for the purpose of to determine building and maintaining the roads and bridges within said township, which tax shall not exceed three-fifths per cent of the assessed valuation of the township for the preceding year, and said board shall cause such determination to be entered upon its records: Provided, That the township board may, by a Proviso as to majority vote of its members, for the purpose of carrying out the provisions of this act, and after the said tax shall have been determined, borrow an amount not to exceed three-fourths of the amount of said tax. The township board shall prescribe Board to prethe time, manner and place in which any or all the various construction, highways and bridges in said township shall be constructed, highways and repaired, or improved by the overseers of highways in their respective districts, and shall apply the moneys herein provided How moneys apto be raised for that purpose in payment of bills, claims and plied. accounts for the same, as hereinbefore directed, and shall prescribe the compensation which the said overseers of highways shall receive, which compensation shall also be paid from the moneys herein provided to be raised for highway purposes. SEC. 8. In any township adopting the provisions of this Board may levy act, the township board shall have power to levy and cause to be collected, in each year, a poll tax of one dollar upon every male inhabitant between the age of twenty-one and fifty, excepting such persons as are exempted by general law from the payment of such tax. All moneys collected by virtue of this section shall be paid into the general highway fund. bridges. poll tax. liable for county SEC. 9. In case any township in the State of Michigan, ex- Township not cept in the Upper Peninsula, shall adopt the provisions of this road tax. act and shall raise money and build roads in good faith, it shall not be liable for any tax for a county road system should the Highway com missioner, power of. Township to assume obligations, etc., of road districts. When votes for highway labor tax, void, etc. county in which such system is situated afterwards adopt the county road system. SEC. 10. The highway commissioner shall have charge of the division of all roads on township lines, as prescribed by the general highway law. SEC. 11. All obligations of road districts now existing in any township in the State of Michigan, except in the Upper Peninsula, that shall adopt the provisions of this act shall be assumed by said township, and all property now vested in said road districts shall revert to said township. SEC. 12. All votes for any highway labor tax, voted by the electors of any township in the State of Michigan, except in the Upper Peninsula, at any election at which the township road system, as herein provided, shall be rendered void by such adoption, and the duties of any or all overseers of highways elected for the present highway districts of said township, at any such election, shall, in like manner, be abolished by such adoption: Provided, That the provisions of this act shall not be applicable to any of the counties now under the county Further proviso. road system or special acts: And provided further, That the provisions of this act shall not be applicable to Midland and Gratiot counties. Proviso. Acts, declared inoperative. Board may re move overseer for neglect, etc. SEC. 13. All acts or parts of acts contravening the provisions of this act are hereby declared inoperative in any township so adopting such system. SEC. 14. If for any reason any overseer of highways elected or appointed under the provisions of this act shall neglect or in any manner fail to discharge the duties of his office to the satisfaction of the township board, said board shall have power to remove such officer and fill the vacancy caused thereby in the manner provided in section four of this act. Approved April 19, 1905. Act amended. [No. 70.] AN ACT to amend act one hundred forty-nine of the public acts of eighteen hundred ninety-three, entitled "An act to provide for a county and township system of roads and to prescribe the powers and duties of the officers having the charge thereof," and the amendments thereof, being chapter one hundred three of the Compiled Laws of the State of Michigan for the year eighteen hundred ninetyseven, as amended, by adding one new section thereto, to stand as section thirty. The People of the State of Michigan enact: SECTION 1. Act one hundred forty-nine of the public acts. of eighteen hundred ninety-three, entitled "An act to provide for a county and township system of roads and to pre |