great seal of the State, shall be received in all courts of this State as prima facie evidence of the formation, existence and capacity of such consolidated corporation, in any suit or proceeding brought by or against the same, and of all the facts therein stated. ed company. SEC. 5. Such consolidated company shall have and suc- Powers, etc., ceed to all the property, powers, rights, privileges, franchises of consolidatand immunities possessed and enjoyed by the constituent corporations forming the same, which were organized under the laws of this State; and such new corporation shall be subject to all restrictions and perform all duties imposed upon it by the laws of this State, and shall be and constitute a body corporate, under and by virtue of the laws of the State of Michigan. This act is ordered to take immediate effect. [No. 55.] AN ACT to authorize a tenant or tenants in common to take possession of the entire premises where he or they recover any undivided interest therein against a person or persons who are in possession but have no interest therein, such possession so taken shall be subject to rights of the other tenant or tenants in common. The People of the State of Michigan enact: possession. SECTION 1. It shall be lawful for any tenant or tenants in When tenant common, who may recover any undivided interest in lands in may take an action of ejectment against a person or persons who may be in possession thereof, but who does not show in the trial of such action that he or they have any interest therein or title thereto, to take possession of the entire premises subject to all of the rights and interests of the other tenant or tenants in common herein. SEC. 2. The court before whom such action of ejectment Issue of shall be tried and such recovery had, shall order that execution execution. be issued in favor of the plaintiff or plaintiffs in such action to put such plaintiff or plaintiffs in possession of the entire premises subject to the right or rights of the other tenant or tenants in common in said premises. This act is ordered to take immediate effect. When commis sioner may open drain. How may secure right of way. To report to electors. Highway drain fund. With whom to file report. [No. 56.] AN ACT to provide for the better drainage of highways in certain cases. The People of the State of Michigan enact: SECTION 1. Whenever it is necessary or more convenient for the proper drainage of any highway in this State that the surplus water be taken onto or across the lands adjacent thereto, the highway commissioner of the township in which such highway is situated may secure the right of way and may open such drain or outlet for the water, and for these purposes may use any highway moneys of the township not otherwise appropriated, and such sums as may be voted for that use by the electors of the township, and he may also employ for that purpose the highway labor of the road district in which such highway drain is situated. The highway commissioner shall secure the right of way for any such drain, or purchase from the owners of the land to be crossed by such drain, but in case of purchase the purchase price must be approved by the township board before any money be paid thereon. Such right of way shall be acquired by deed duly executed by the owner or owners of the lands sought to be crossed by said drain, and shall be taken in the name of the township wherein the same is located, and filed in the office of the register of deeds of the county before any highway money or labor shall be expended in opening such drain outside of the highway limits. SEC. 2. The highway commissioner shall report to the electors of the township at their annual meeting the amount of money expended by him during the year for such highway drainage, specifying the amount expended on each drain. He shall also recommend the raising of such sums as he may deem necessary for opening drains from the highway during the coming year, specifying each proposed drain and the probable amount needed for securing the right of way and opening the same. The money voted for this purpose by the electors of the township shall constitute a special highway drain fund, and shall be used for no other purpose. In case any money be left in the fund, after opening the drain for which it was raised, it may be used in opening any other highway drain in the township, or in cleaning out, when necessary, those already opened. SEC. 3. On the completion by the highway commissioner of any drain constructed under the provisions of this act, it shall be the duty of said highway commissioner to file in the office of the county drain commissioner a detailed report of the construction of such drain, giving the date of construction, the termini and general course thereof, together with a copy of the deed by which the right of way therefor was secured. Nothing in the provisions of the preceding sections shall be construed as giving to highway commissioners power to lay out and construct drains having any other purpose than the drainage of highways. commissioner SEC. 4. In case the highway commissioner cannot secure When drain the right of way across adjacent lands for the construction of to construct. any drain by agreement with the owner or owners of the land through which it will pass, he may make under his name of office an application to the drain commissioner of the county in which the proposed drain is situated to lay out and establish the said drain. Such application shall conform to the law regulating applications for the construction of drains, and shall require no other signature than his own as highway commissioner. Such application shall have the same force and effect and be subject in other respects to the same laws and regu lations that govern other applications for the establishment of drains, and shall confer jurisdiction and authority on the county drain commissioner to lay out and establish such drain under and by virtue and in pursuance of the law governing the location and establishment of other drains. Approved April 27, 1903. [No. 57.] AN ACT to amend section four of act number one hundred fifty-seven of the public acts of eighteen hundred fifty-one, entitled "An act to define the limits, jurisdiction and powers of circuit courts," as amended by the several acts amendatory thereof, and being section three hundred three of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: amended. SECTION 1. Section four of act number one hundred fifty- Section seven of the public acts of eighteen hundred fifty-one, entitled "An act to define the limits, jurisdiction and powers of circuit courts," as amended by the several acts amendatory thereof, being section three hundred three of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended so as to read as follows: or sheriff in SEC. 4. If from sickness or any other cause the judge of Duty of clerk any circuit court shall fail to attend at or during any term absence of thereof, the clerk or sheriff of the proper county shall have judge. power to open and adjourn such court from day to day, or from time to time, whilst such judge shall so fail to attend, not exceeding in all the period of five successive days, excluding Sunday, which period shall terminate at six o'clock in the afternoon of the last day thereof, at which time said clerk or sheriff shall adjourn said court without day, unless during such period the judge shall have attended and adjourned the Proviso. court to some certain day: Provided, however, That if such This act is ordered to take immediate effect. Section amended. Penalty for not making eport. [No. 58.] AN ACT to amend section two of act number two hundred five of the public acts of eighteen hundred eighty-one, entitled "An act to require justices of the peace to make reports to the prosecuting attorneys in criminal and other proceedings before them, to which the people are a party, or in which the county may be liable for any costs," the same being section one thousand sixty-three of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section two of act number two hundred five of the public acts of eighteen hundred eighty-one, entitled "An act to require justices of the peace to make reports to the prosecuting attorneys in criminal and other proceedings before them, to which the people are a party, or in which the county may be liable for any costs," is hereby amended to read as follows: SEC. 2. In case any justice of the peace shall neglect or refuse to make a report to the prosecuting attorney within ten days after the disposition of any such proceeding before him, as herein provided, he shall be deemed guilty of a misdemeanor and shall, on conviction thereof, be punished by a fine of five dollars, and shall forfeit all right to any fees for his services in every proceeding in which he so neglects or Fee for mak- refuses to make such report; and for each report so made, ing. within the time herein required, the justice making the same [No. 59.] AN ACT to regulate the granting of relief to and the admission of certain poor persons to the asylums and almshouses and to provide for the expense of the temporary care and transportation of such persons and to repeal all acts or parts of acts inconsistent therewith. The People of the State of Michigan enact: of, by whom insane. SECTION 1. Any person who is old, sick, infirm, blind, crip- Maintenance pled, epileptic, insane, or otherwise incompetent to earn a paid. livelihood at the time of such person's entry into any county, city or township in this State, or any person who for any reason shall be liable to become a periodical or permanent charge, shall not be entitled to admission to any of the State asylums or almshouses at the expense of the said city, county or township aforesaid, or to receive relief of any nature, excepting such temporary care or relief as such person may require pending such person's return to the place where such person was last continuously settled for one year within two years previous: Provided, That any insane person whose Proviso as to place of residence is not known may be committed to a State asylum as a State charge, but it shall be the duty of the medical superintendent of said asylum to return the person to his or her place of residence as soon as it can be learned. SEC. 2. The superintendent of the poor of the county in Notice, by which such person shall be found and in which such person whom given. may require temporary or permanent relief shall give notice in writing to the superintendent of the poor of the county where such person was last continuously settled for one year within two years previous to the time when such person was received, which notice shall be substantially in the following form: To the superintendent of the poor for the county of Form. Take notice that .... a poor person whose settlement is in the county of which you are superintendent of the poor, and who was last continuously settled for one year within two years previous to this time in your county before leaving the same and coming into the county of ..... .., is temporarily in the county of and is receiving relief and care such as he (or she) may require on account of his (or her) being such poor person, and will continue to receive such care at the expense of your county. You are required forthwith to cause the said poor person to be transported into your own county, that being the county in which said poor person was last settled continuously for one year within two years previous to this time, and there to care for and relieve such poor person, and until you shall do so, the said poor person shall be cared for and supported at whom and to |