Bond required for payment of subcontractors. Subcontractors to give written notice. When entitled to benefit of security, etc. Bond, to whom executed, sure ties, by whom approved, etc. PAYMENT OF SUBCONTRACTORS. An Act to insure the payment of subcontractors and wages earned and material used in constructing, repairing or ornamenting public buildings and public works. [Act 187, P. A. 1905.] The People of the State of Michigan enact: (432) SECTION 1. When public buildings or other public works are about to be built, repaired or ornamented under contract at the expense of the state, or of any county, city, village, township or school district thereof, it shall be the duty of the board of officers or agents, contracting on behalf of the state, county, city, village, township or school district, to require sufficient security by bond for the payment by the contractor of all subcontractors and for the payment for all labor performed and materials furnished in the erection, repairing or ornamenting of such building or works. (433) SEC. 2. In the case of a subcontractor, he shall give notice in writing before payment is made for the work or materials furnished by him to the said board of officers or agents, that he is a subcontractor for the doing of some part of such work which he shall specify in his notice and that he relies upon the security of the bond by this act required to be given by the principal contractor, and that in the case of the giving of such notice to the said board of officers or agents said subcontractor shall also notify the principal contractor that he has done so, and whenever this shall have been done, the said subcontractor shall be entitled, subject to the rights of the persons with whom he has contracted for labor and materials, to the benefit of the security given by the principal contractor, and to be subrogated to the liens of the persons who have performed labor or furnished materials for such building, repairs or ornamentation, whom he shall have actually paid, but the subcontractor and the persons who shall have performed labor or furnished materials to him shall not in the aggregate be entitled to receive larger sums than may be required from the principal contractor under his contract with the subcontractor, nor shall this act be construed to change in any way the contract which may have been made between the principal contractor and the subcontractor, except when such contract shall attempt to relieve the principal contractor as against the demands of those performing labor or furnishing materials to the subcontractor. (434) SEC. 3. Such bond shall be executed by such contractor to the people of the state of Michigan in such amount and with such sureties as shall be approved by the board of officers or agents acting on behalf of the state, county, city, village, township, or school district as aforesaid, and shall be conditioned for the payment by such contractor to any sub- Sureties on a bond given for the benefit of laborers and materialmen cannot avoid liability by showing a failure of the municipal authorities to approve the bond.-People v. Carroll, 151 / 233. to be had (435) SEC. 4. Such bond may be prosecuted and a re- Recovery covery had by any person, firm or corporation to whom any on bond. money shall be due and payable on account of having performed any labor or furnished any materials in the erection, repairing or ornamentation of any such building or works, in the name of the people of this state for the use and benefit of such person, firm or corporation: Provided, however, That Proviso. in the case of a suit for the benefit of a subcontractor, he shall be required to allege and prove that he has paid to all parties entitled thereto the full sums due to them for labor or materials contracted for by him: And Provided further, Further That in no case brought under the provisions of this act shall the people of this state be liable for costs. proviso. CITIES OF FOURTH CLASS. An Act to provide for the incorporation of cities of the fourth class. [Extract from Act 215, P. A. 1895, Chap. XXXII.] stitute single (436) § 3338. SECTION 1. Each city incorporated under City to conthis act shall constitute a single school district. Such school school district. district shall be a body corporate, by the name and style of the "public schools of the city of ." (naming the city) and shall possess the usual powers of corporations for public purposes; and in that name may sue and be sued, and purchase, acquire, hold and dispose of such real and personal property as is authorized to be purchased, acquired or Proviso as to porated cities reincor and villages. Board of education, of whom to consist. Annual election. Term of office. School trustees, election of. disposed of by this chapter: Provided, That if in any village re-incorporated as a city or any city re-incorporated under and made subject to the provisions of this act, there shall be a school district extending beyond the city limits, or having a special charter, then such school district shall not be governed by the provisions of this chapter, but all the laws and regulations now governing such district shall remain in full force and effect the same as if such city or village had not been re-incorporated. Am. 1905, Act 106. Act 279 of 1909, sec. 4, as amended by Act 5 of 1913, known as the "Home Rule" act, in paragraph (f), providing "for the establishment of any department" deemed "necessary for the general welfare of the city," expressly excepts "public schools." A municipal corporation may receive and hold personal property in trust for educational purposes. Hatheway v. Sackett, 32/97. Also for library purposes. Maynard v. Woodard, 36 / 423. Exercise of the veto power by the president of the Bay City school board.Lichtig v. Saginaw Circuit Judge, 180 / 667. (437) § 3339. SEC. 2. The board of education of such public schools shall consist of six trustees, who shall be qualified electors of the school district, and the regular annual election of school trustees shall be held on the second Monday of July of each year. At the first election held under this act two trustees shall be elected for the term of one year, two for the term of two years, and two for the term of three years from the second Monday of July of such year, and the term for which each trustee is elected shall be designated on the ballot cast for him. Annually thereafter two trustees shall be elected for a term of three years from and after the second Monday of July of the year when elected and until their successors are qualified and enter upon the duties of their offices. Am. 1905, Act 231. (438) § 3340. SEC. 3. Such annual election of school trustees as above provided shall be held at such places, not exceeding five, in each city as the board of education shall designate. In the designation of such places it shall be the duty of said board to choose places most convenient for the Proviso, poils. accommodation of the voters: Provided, That there shall be not more than one polling place in any one ward. The polls shall be open at nine o'clock in the forenoon and shall continue open, without intermission or adjournment, until the hour of eight o'clock in the afternoon, at which time they Election, how shall be finally closed. Said election shall be by ballot and, except as herein otherwise directed, shall be conducted in all respects, including the manner of selecting candidates, the placing of names of candidates upon the ballots, the printing of the ballots, erection of booths, etc., in the manner and in conformity with the provisions of law governing in the case of annual township elections. All the penalties of the general election law relative to neglect of duty or violation of the terms of this act shall be applicable. The members of conducted, etc. Penalties. election. the said school board shall be governed by the same restrictions and shall perform similar duties to those prescribed for the township board at annual township meetings. Notice Notice of of the time and places of holding such elections shall be given by the secretary of the board not less than fifteen days before the said election by placing such notices in three of the most public places in each ward of the city, and by publishing a copy thereof in one or more newspapers published in the city for the same length of time before the election. On or before the twentieth day of June in each year the board of education shall appoint three election commissioners. All nominations for the office of trus- Nominations. tee shall be made by petition signed by at least twenty-five qualified electors of said district. All nomination petitions shall be filed by the respective candidates with said election commissioners at least five days before the election. The Election comsaid election commissioners shall, after the time during which duty of. nomination petitions may be filed has elapsed, proceed to determine by lot the place which each candidate shall have upon the official ballot; and thereupon said commissioners shall cause to be printed ballots in the same manner and form as near as may be as now used in the election of city officers. They shall deliver said ballots when printed to the secretary of the board of education the day preceding the day of election. Nothing contained herein, however, shall be construed so as to prevent any elector from voting for any person by pasting or writing the name of his candidate or candidates in pencil on his ballot. Am. 1907, Act 110; 1911, Act 221. missioners, election. (439) § 3341. SEC. 4. The board of education of such Inspectors of public schools shall choose one member of said board and also another qualified elector of said city to act as inspectors of election in each polling place, and the electors present at the opening of each polling place shall choose another qualified elector of said district and the three together shall constitute a board of inspectors for such election at such polling place: Provided, That no candidate for trustee shall act as inspector Proviso. of election, and if any of said trustees are so disqualified the board of education shall choose another qualified elector to act as such inspector of election, and if the persons so chosen as inspectors of election shall not be present at the opening of the polls or remain in attendance, the electors present may choose viva voce such number of electors present as shall constitute a board of three inspectors of such election, and if the two inspectors of election chosen by the board of education shall be present at the opening of the polls and remain in attendance the electors present shall choose one elector present who together with the two inspectors chosen by the board of education shall constitute a board of three inspectors Oath. Board of inspectors, power of, etc. Proviso. Inspectors, duty of. Canvass. Report to board. Declaration of result. of election for each polling place. Each of said inspectors shall take the required oath to faithfully perform the duties of inspector of such election. Said board of inspectors of election in each polling place shall elect one of its number as chairman and one of its number as secretary of the board of inspectors. The qualifications of voters at such election or the school district meetings shall be such as are or may hereafter be prescribed by the general election laws. The board of inspectors shall have the same authority and power in maintaining and enforcing order and obedience to its lawful commands at such elections and during the canvass of the votes as are conferred by the general laws of the state upon school officers in similar cases: Provided, however, That electors shall cast their votes at the polling place in the ward in which they reside if there be a polling place in such ward, and if no polling place is provided or held in such ward then the board of education of the said city shall designate the polling places where the voters of such ward having no polling place shall vote, and in such event the board of education shall name in the notice of election the said polling places. Am. Id. (440) § 3342. SEC. 5. The board of inspectors of each polling place shall make a poll list of names of persons voting at such election in that polling place. It shall also have the last school census or a copy thereof present at such election, open for inspection by any citizen; it shall also have the right of access to the registration books of the several polling places of the city if it deem it necessary, and for that purpose it may require the city clerk to attend such election with such registers in the voting places designated by the board of education. Am. Id. (441) § 3343. SEC. 6. When said polls shall be finally closed the board of inspectors of the different polling places shall proceed publicly to count, determine and declare the number of votes cast and for whom, and shall on the same or on the next succeeding day make up and sign a statement in writing showing the whole number of votes cast and the number of votes cast for each person for whom votes were cast; such statement, together with the minutes and other papers of election, shall be filed with the secretary of the board of education. The inspectors of the several voting places shall forthwith report in writing to the secretary of said board the number of votes cast and for whom, and the number of votes cast for each person, which shall be filed with the secretary of the board of education. The person or persons who shall have received the highest number of votes for such office of trustee for the several terms designated upon |