[No. 15.]

AN ACT making appropriation for the Industrial School for Boys for the fiscal year ending June thirty, nineteen hundred four, to meet a deficiency in the current expense appropriation for the fiscal year ending June thirty, nineteen hundred three, and to provide a tax for the same.

The People of the State of Michigan enact:

SECTION 1. That there be and is hereby appropriated for Appropriathe Industrial School for Boys for the fiscal year ending June tion. thirty, nineteen hundred four, the sum of four thousand dollars for the purpose of meeting a deficiency in the current expense appropriation for the fiscal year ending June thirty, nineteen hundred three: Provided, That the board of trus- Proviso. tees may obtain money under this section before July first, nineteen hundred three, in such amounts as they may by requisition certify to the Auditor General are necessary for immediate use, which amounts thus advanced shall be deducted from the total amount appropriated by this act when the appropriation becomes available.

SEC. 2. The amount appropriated by the provisions of this How paid. act shall be paid out of the State Treasury to the treasurer of the Industrial School for Boys at such times and in such amounts as the general accounting laws of the State prescribe and the disbursing officer shall render his accounts to the Auditor General thereunder.

rated in state

SEC. 3. The Auditor General shall incorporate in the State To be incorpotax for the year nineteen hundred three the sum of four thou- tax. sand dollars, which, when collected, shall be credited to the general fund to reimburse the same for the money hereby appropriated.

This act is ordered to take immediate effect.
Approved March 26, 1903.

Section amended.

Proceedings

when drain

[No.-16.]

AN ACT to amend section four of chapter two of act two hundred and fifty-four, public acts of eighteen hundred and 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," approved June second, eighteen hundred ninety-seven, being compiler's section four thousand three hundred thirteen of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. That section four of chapter two of act two hundred fifty-four, public acts of eighteen hundred ninetyseven, 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," approved June second, eighteen hundred ninety-seven, being compiler's section four thousand three hundred thirteen of the Compiled Laws of eighteen hundred ninety-seven, be and the same is hereby amended so that said section will read as follows:

SEC. 4. In case it is proposed to run a part or parts of a drain through any incorporated city or village, all of such city or village. drain shall be located, established and constructed and the

runs through

Proviso.

assessment for its construction made by the county drain
commissioner in the same manner as herein provided for the
construction of other drains; and whenever the word "town-
ship" is used in this act it shall be construed to
mean city or village, as the case may be. Whenever such
part or parts of said drain shall be located within any
street, highway or public place, then a resolution
adopted by a majority vote of the
of the common council
of said village or city granting leave to construct such
drain therein, and designating the name of the street
or pointing out the alley or other public place to be
traversed by such drain, shall be sufficient release of the right
of way, and shall be deemed a sufficient conveyance under the
provisions of this act, and said common council may perr.it
the construction of an open drain if such consent be expressly
set forth in such resolution: Provided, That when an appeal
is taken from the assessment of such county drain commis-
sioner by the owner of the lands in a city or village, such
appeal shall be made to the common council of such city or
village, subject in every other respect to the provisions of this
act covering appeals made to township boards.

Approved March 26, 1903.

[No. 17.]

AN ACT to amend the title and sections one and twenty-nine of an act, entitled "An act to establish, protect and enforce by lien the rights of mechanics and other persons furnishing labor or materials for the building, altering, improving, repairing, erecting or ornamenting of buildings, machinery, wharves and all other structures; and to repeal all acts contravening the provisions of this act," being chapter two hundred and ninety-six of the Compiled Laws of the State of Michigan of eighteen hundred and ninety-seven.

The People of the State of Michigan enact:

SECTION 1. The title of act number one hundred and sev- Act amended. enty-nine of the public acts of eighteen hundred and ninetyone, being chapter two hundred and ninety-six of the Compiled Laws of the State of Michigan of eighteen hundred and ninety-seven, is hereby amended to read as follows, to-wit: "An act to establish, protect and enforce by lien the rights of mechanics and other persons furnishing labor or materials for the building, altering, improving, repairing, erecting or ornamenting of buildings, machinery, wharves and all other structures and the building and repairing sidewalks, and to repeal all acts contravening the provisions of this act;" and sections one and twenty-nine of said act are amended to read as follows:

labor, mate

SECTION 1. Every person who shall, in pursuance of any When lien for contract, express or implied, written or unwritten, existing rial, etc., cre between himself as contractor, and the owner, part owner or ated. lessee of any interest in real estate, build. alter, improve, repair, erect, ornament or put in, or who shall furnish any labor or materials in or for building, altering, improving, repairing, erecting, ornamenting or putting in any house, building, machinery, wharf or structure or shall build or repair any sidewalks, or shall furnish any materials therefor, and every person who shall as sub-contractor, laborer, or material-man, perform any labor or furnish materials to such original or principal contractor, or any sub-contractor, in carrying forward or completing any such contract, shall have a lien therefor upon such house, building, machinery, wharf, walk or walks, and other structure, and its appurtenances, and also upon the entire interest of such owner, part owner or lessee in and to the lot or piece of land, not exceeding one- Lien on lands quarter section of land, or if in any incorporated city or vil lage, not exceeding the lot or lots upon or around or in front of, which such improvement is made, to the extent of the right, title and interest of such owner, part owner or lessee at the time work was commenced or materials were begun to be furnished by the contractor under the original contract, or by the sub-contractor who furnishes or is furnished with any labor or material in the performance or execution of such subcontract, and also the extent of any subsequent acquired inter

limited.

Proviso.

Form of notice.

Statement of sub-contracts.

Amount owner liable for

est of any such owner, part owner or lessee, and in case of the construction of a number of buildings or walks under one contract upon, around or in front of, the same lot or contiguous lots for the same owner, part owner or lessee, of any interest in the real estate upon which said buildings are situated or upon, around or in front of which said walk or walks are built or repaired, such lien for such material or labor so furnished, shall attach to all of said buildings, walk or walks, together with the land upon, around or in front of, which the same are being constructed, the same as hereinbefore provided in case of a single building, walk or improvement: Provided, That any person, firm or corporation furnishing materials or performing labor of any kind entering into the construction of such building, structure or walk, shall within thirty days. after furnishing the first of such material or performing the first of such labor to any contractor or subcontractor, serve on the owner, part owner or lessee of the premises, or his agent a notice, which notice shall be such as will inform the owner, part owner or lessee of the premises, or his agent, of the nature of the materials furnished, or labor performed, or to be performed, and a description of the premises where furnished, if such owner, part owner or lessee reside in or has a known agent in the county in charge of such structure, improvements, walk or walks, such notice may be in the following form:

certain labor or materials for building or altering, improving,
repairing, erecting or ornamenting, as the case may be, a cer-
tain...
...situated on or around or in front of

the following described property..

Such notices, 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 sub-contractor 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 sub-contractor, 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

how con

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 sub-contractor, material-man
or laborer, unless such payment has been distributed among
the sub-contractors, material-men or laborers, or if distrib-
uted in part only, then to the extent of such distributions.
SEC. 29. For the purpose of this act the words "owner, Certain words,
part owner or lessee" shall be construed to include all the strued.
interest, either legal or equitable, which such person may
have in the real estate upon which the improvements con-
templated by this act are made, including the interest held
by any person under contracts of purchase, whether in writ-
ing or otherwise. The word "material-man" as used in this
act, shall be construed to include all persons by whom any
materials are furnished in or for building, altering, improv-
ing, repairing, erecting or ornamenting, or putting in any
house, building, machinery, wharf or other structure or walk
or walks. The word "laborer" shall be construed to include
any mechanic, workman, artisan or laborer, employed in or
about any such work as herein before specified. The word
"improvements" shall be construed to include sidewalks as
hereinbefore specified.

This act is ordered to take immediate effect.
Approved March 26, 1903.

[No. 18.]

AN ACT to require notaries public to affix to each affidavit, deposition, certificate and acknowledgment given or taken by them, and to all other instruments signed notarially, the date of expiration of their commissions.

The People of the State of Michigan enact:

notary.

SECTION 1. That notaries public shall affix to each affidavit, Duty of deposition, certificate and acknowledgment given or taken by them, and to all other instruments signed notarially, the date upon which their commissions shall expire. Approved March 26, 1903.