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lages, respectively, who shall hold and execute the duties of their Term of office. offices until their successors shall be appointed and enter upon the

duties of their offices; and whose duty it shall be to make inspec- Duty of tion of buildings and structures in their respective cities and villages inspectors, as herein provided; and in every township in this State, the township board is hereby constituted the board of building inspectors in such township, and shall perform and exercise the powers and duties of building inspectors as herein provided.

requested to in.

etc.

SEC. 4. Whenever any board of building inspectors, or any two of Duty of them, shall be requested to inspect any hall, opera house, school inspectors when house, church, stand, platform, or other building or structure of spect buildings, any kind, used or intended to be used, or occupied for schools, or by public assemblages, or by any gatherings or assemblages of people in their city, village or township, it shall be their duty forthwith to make a thorough inspection and examination of such building, stand, or other structure, with reference to its condition, strength and safety for use or occupation for schools, or by any public meetings, gatherings or assemblages of people, and for the safe and speedy egress of the persons therein, and thereon assembled, in case of sudden danger or alarm; and if such board or any two of them shall find the same to be sufficiently strong and substantial, and amply safe for the use, meeting and assembling therein or thereon, of so many persons as the size and capacity of such building or structure will permit at one and the same time, and for the safe and speedy egress of persons therein and thereon assembled, in case of sudden danger or alarm, they shall so certify in writing under their hands, and deliver such certificate to the person or persons requesting such examination, and shall state therein, for what length of time such building or structure may be deemed safe for the purposes aforesaid. Said inspectors shall keep a record of all Inspectors to buildings and structures inspected by them, with the dates of such keep a record. inspections, and copies of all certificates granted by them as aforesaid: Provided, That if any owner or owners, or person or persons Proviso. having control of any hall or other building, or structures herein above mentioned located in any city or incorporated village, shall feel himself or themselves aggrieved by the decision of said authorities, he or they may appeal therefrom to the city council or to the village board of trustees, or village council, who shall give such person or persons a full and fair hearing, and shall sustain or reverse the action of said board of examiners, and from such decision there shall be no appeal: And provided further, That the common council, village council, board of trustees, or township board, as the case may be, may require a re-examination and inspection of any such buildings or structures, whenever, from proper information, or otherwise, they shall deem such re-examination and inspection necessary.

SEC. 2. And that three new sections are hereby added to said act, Sections added. to stand as sections five, six, and seven, as follows:

etc., not to be

SEC. 5. No such buildings or structures as are mentioned in sec- Buildings, tions two and four of this act, shall be used or occupied for any used until inpurposes, meetings or assemblages, in those sections mentioned or spected.

[blocks in formation]

Pay of inspectors.

referred to, until after the same shall have been inspected and certified to be safe, as in said sections provided. And if any owner, Occupant, lessee, manager, person or persons, officer or officers, in charge of, or having the management or control of any such building or structure, shall permit or allow the same to be used or occupied for any of the purposes or by any such meetings, gatherings, or assemblages of people as are mentioned or referred to in this act, unless such buildings or structure shall have been first examined and inspected and certified as herein provided, to be sufficient and safe for such purposes, meetings and assemblages, or shall allow such building or structure to be so used or occupied after the time within which the same may be deemed safe, according to such certificate, then and in every such case, every such owner, occupant, lessee, manager, person or officer in charge of, or having the management or control of any such building or structure, so permitting, allowing, or consenting to any such use or occupation, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred nor more than five hundred dollars, or by imprisonment in the State house of correction not less than ninety days, nor more than one year, or by both such such fine and imprisonment, in the discretion of the court.

SEC. 6. If any owner of such building or structure as aforesaid, or any other person shall procure or aid in procuring the granting of any such certificate as is mentioned in said section four, by means of any deceit, misrepresentation or concealment of any defects in any such building or structure, or if any building inspector shall falsely, negligently or collusively grant or sign any such certificate as is provided for in said section four, then each and every person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished in the same manner as provided in section five of this act.

SEC. 7. Each building inspector shall be entitled to receive for each day he shall be actually employed in inspecting any building under the provision of this act, to be paid by the owner or person requesting such inspection and examination, such sum as may be fixed by the common council, village council, board of trustees, or township board, of any city, village, or township, respectively. Approved March 18, 1881.

[No. 42.]

AN ACT to amend section fifty-two of act number one hundred and seventy-five of the session laws of eighteen hundred and fifty-one, entitled "An act to provide for the holding of general and special elections," approved June twenty-seven, eighteen hundred and fifty-one, being compiler's section eighty-three of the compiled laws of eighteen hundred and seventy-one; and to repeal act number two hundred and sixty-five of the session laws of eighteen hundred and forty-nine, entitled "An act relative to

elections," being consecutive sections one hundred and thirty-six and one hundred and thirty-seven of the compiled laws of eighteen hundred and seventy-one.

amended,

SECTION 1. The People of the State of Michigan enact, That Section section fifty-two of act number one hundred and seventy-five of the session laws of eighteen hundred and fifty-one, entitled "An act to provide for the holding of general and special elections," approved June twenty-seven, eighteen hundred and fifty-one, being compiler's section eighty-three of the compiled laws of eighteen hundred and seventy-one, be amended so that the same shall read and be as follows:

district boards to

ings to be had.

(83.) SEC. 52. The county and district boards shall then deter- County and mine the persons who have been, by the greatest number of votes, determine what elected to the county offices, and members of the legislature, when persons elected. the county alone constitutes one or more senatorial or representative districts, and such determinations shall be certified and attested by the chairman and secretary of the respective boards, and be annexed to the statement of votes given for such officers respectively, and shall be recorded with such statements by the county clerk in his office: Provided, That in elections for members of the Proceedings in legislature, or county officers, if it shall appear on the legal canvass case of a tie. of the votes polled at such election, that two or more persons have received an equal number of votes for the same office, and that a failure to elect to any office is caused thereby, such persons shall proceed to draw lots for the election to said office in the following manner: The board of canvassers for the county or district in When proceed. which such election was held shall appoint a day for the appearance of all such persons before the proper officer hereinafter provided, for the purpose of determining by lot among such persons the right to such office, and shall cause notice thereof to be given to all such persons interested. The officer before whom such drawing is to Drawing of lots, take place shall prepare as many slips of paper as there are such persons, and write the word "elected" on as many slips of paper as there are offices to be filled, and the words "not elected" on the remaining slips, and fold the same so as to conceal the writing, and so that they may appear as nearly alike as possible. Said slips shall be placed in a box, and at the time and place appointed for the drawing of said lots, each of such persons aforesaid may draw one of said slips from the box; and any such person drawing a slip on which is written the word "elected," shall be deemed legally elected to the office in question; and the officer conducting such drawing shall forthwith give him a certificate of such election. If the drawings under the provisions of this section are for the office of senator or representative in the State legislature, and the district exceeds the limits of a single county, then the drawing shall take place before the county clerk of the county where the district canvass is held; in all other cases before the county clerk of the county where each case shall arise: Provided further, That in cases where the office of county clerk is in question, the drawing shall take place before the sheriff of the county.

how conducted.

Act repealed.

SEC. 2. Act number two hundred and sixty-five of the session laws of eighteen hundred and forty-nine, entitled "An act relative to elections," approved April second, eighteen hundred and fortynine, being compiler's sections one hundred and thirty-six and one hundred and thirty-seven of the compiled laws of eighteen hundred and seventy-one, be and the same is hereby repealed. Approved March 18, 1881.

Section amended.

Auditor General to apportion State tax and

to county clerk.

be included in State tax.

[No. 43.]

AN ACT to amend section thirty of chapter twenty-one of the compiled laws of eighteen hundred and seventy-one, the same being compiler's section nine hundred and ninety-six, relative to the time when State taxes shall become due and payable from the counties to the State.

SECTION 1. The People of the State of Michigan enact, That section thirty of chapter twenty-one of the compiled laws of eighteen hundred and seventy-one, being compiler's section nine hundred and ninety-six, be and the same is hereby amended so as to read as follows:

(996.) SEC. 30. The auditor general shall apportion the State tax among the several counties, in proportion to the valuation of taxtransmit amount able property therein, as determined by the last preceding state board of equalization, and shall, before the October session of the board of supervisors, make out and transmit to the clerks of the several boards the amount of such tax so apportioned by him to the county, and shall charge the several amounts of such apportionments to the counties respectively on the first day of March next County debt to following. The auditor general shall also include in the amount of the State tax so apportioned to any county the amount of indebtedness of such county to the State, as shall be shown by the statement of the account between the county and the State, made by the auditor general on the first day of July next previous to such apportionment, which amount shall be apportioned by the board of supervisors of the proper county at the same time as are the State taxes contained in such apportionment of the auditor general, and shall be levied in the same manner as, and become a portion of, the county taxes of the same year: Provided, That the amount of county indebtedness included in such apportionment shall not be included in the amount of State tax charged to the counties as provided in the first clause of this section.

Proviso.

Approved March 18, 1881.

[No. 44.]

AN ACT to authorize the board of control of State swamp lands to make an appropriation of State swamp lands to complete the Allegan, Muskegon and Traverse Bay State road in Oceana county.

authorized to

SECTION 1. The People of the State of Michigan enact, That Board of control the board of control of State swamp lands are hereby authorized to appropriate appropriate so many acres of State swamp lands in the lower penin- lands sula, not exceeding two sections per mile, as they may deem necessary, for the purpose of reclaiming certain swamp lands and to aid in completing that part of the Allegan, Muskegon and Traverse Bay State road in Oceana county, commencing at the southwest corner of section sixteen (16), town sixteen (16) north, range seventeen (17) west, thence running north on section line two miles. Said appropriation to be expended under the direction of the said board of control.

This act is ordered to take immediate effect.
Approved March 22, 1881.

[No. 45.]

AN ACT making an appropriation for the support of the State reform school for the years eighteen hundred and eighty-one and eighteen hundred and eighty-two.

SECTION 1. The People of the State of Michigan enact, That Appropriation. there be and hereby is appropriated from the general fund in the State treasury the sum of thirty-five thousand and five hundred dollars to meet the current expenses of the State reform school for the year eighteen hundred and eighty-one, and the further sum of thirty-five thousand and five hundred dollars to meet the current expenses of the State reform school for the year eighteen hundred and eighty-two.

SEC. 2. The several sums appropriated by the provisions of sec- How paid. tion one of this act shall be placed to the credit of the State reform school, and paid on the order of the board of control in quarterly installments, in accordance with the provisions of law.

to incorporate in

SEC. 3. The auditor general shall add to and incorporate in the Auditor General State tax for the years eighteen hundred and eighty-one and eight-State tax. een hundred and eighty-two the amounts appropriated by section one of this act for each of said years, which amounts when collected shall be passed to the credit of the general fund to reimburse the same for the amounts hereby appropriated therefrom. This act is ordered to take immediate effect. Approved March 22, 1881.

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