villages and cities, and with the execution of the laws relating to the same heretofore passed, or that may hereafter be passed. chief officer. deputy. SEC. 2. The chief officer of said department shall be de- Name, etc., of nominated the commissioner of highways. He shall be a citizen of this State, and shall have his office at the seat of gov ernment, and personally superintend the duties of his office, and shall not be connected with any company manufacturing road materials or machinery of any kind or description. He Appointment shall be appointed by the governor, by and with consent etc., of. of the Senate, and shall hold his office for the term of four years from and after the date of his appointment and until his successor is appointed and qualified; he shall receive an annual salary of fifteen hundred dollars, to be paid monthly. He may appoint a deputy, who shall be a competent civil May appoint engineer, with the approbation of the governor, and revoke such appointment at pleasure. Such deputy shall take and Duties. subscribe the oath prescribed by the constitution, and whenever the commissioner of highways shall, by reason of sick-· ness, absence or other cause, be disabled from executing the duties of his office, his deputy duly appointed shall execute the duties thereof until such disability or cause be removed, or until a commissioner shall be appointed; and such deputy shall receive an annual salary of fifteen hundred dollars per year, payable monthly. The commissioner of highways may employ such other clerks or employes as may be necessary to perform the duties incumbent upon the bureau of highways, who shall be paid monthly. The salaries of the com- Salaries, how missioner, deputy commissioner and clerks employed by authority of this section section shall be approved by the Board of State Auditors and paid upon the warrant of the Auditor General: Provided, That in no Proviso. case, however, shall the expenditures of the bureau, including the salaries of the commissioner and deputy commissioner of highways and the clerks employed by authority of this section, exceed the sum of five thousand dollars in any one year. Whenever a vacancy shall occur in said office of Vacanies, how commissioner, by reason of death, removal or otherwise, the governor shall fill such vacancy by appointment by and with the advice and consent of the Senate, if in session. Within Commissioner fifteen days from the time of notice of his appointment, the and give bond. commissioner shall take and subscribe the oath of office prescribed by the constitution, and file the same in the office of the Secretary of State, and the said commissioner of highways shall give to the people of the State of Michigan, a bond in the penal sum of five thousand dollars, with sureties to be approved by the Auditor General, conditioned for the faithful discharge of the duties of his office. The commissioner To make shall make a biennial report to the governor, to be by him transmitted to the legislature at each biennial session thereof. Such reports shall contain the names and compensation What to conof each and every person that may be or has been employed approved. filled. to take oath reports. ta n. printed. by the department and the whole amount of expenses by the department during the interim not previously reported; such report shall be made on or before the first day of February, Number to be nineteen hundred and five, and every two years thereafter, and the commissioner shall have printed a sufficient number of these reports to provide every township highway commissioner and superintendent or commissioner of streets in the State with one, and enough more to satisfy the demand that the public weal may warrant. County boards of highway how constituted, etc. SEC. 3. The township highway commissioners of the sev commissioners eral townships in each and every county in the State are hereby constituted county boards of highway commissioners, and each board shall meet annually at such time and place in each county as the State commissioner may designate, to consider such matters as he may present to their attention, and to discuss such matters of road improvement as may be of special interest to such board, and every township commissioner may charge his township the same per diem for this day as one in actual road work, together with his actual traveling expenses, which shall, if reasonable, be allowed by the township board. Officers to to state commissioner. SEC. 4. To the State commissioner of highways, every make reports township highway commissioner, every county highway commissioner, every district overseer of highways, every village and city superintendent or commissioner of streets, shall make a sworn report, on or before December first each year, answering such questions as the State commissioner of highways shall deem to be proper, and give him such information as he may require, upon blanks which he will furnish and send out. Penalty for refusal to make. Duties of commissioner. SEC. 5. Any township highway commissioner, county highway commissioner, district overseer of highways, superintendent or commissioner of streets, who shall refuse or neg lect to make such report, or who shall, in whole or in part, refuse or neglect to make such report at time stated or within thirty days thereafter, or who shall make a report which shall be in whole or in part false, shall be guilty of a misdemeanor, and upon conviction thereof, in any court of competent jurisdiction, be fined in any sum of not less than ten dollars and costs, and not exceeding one hundred dollars and costs, for each and every offense at the discretion of the court. Violations of the provisions of this act may be prosecuted in the name of the people of the State of Michigan, and it shall be the duty of the prosecuting attorney of each county to prosecute for any violation of the provisions of this act. SEC. 6. It shall be the duty of the commissioner of highways to furnish general plans and specifications for public highways, and, when requested to and where proposed improvements are of sufficient importance to warrant, he shall go or send someone to give expert advice on how best to build or improve public roads or bridges. He shall also gather all the information possible about all kinds of road building material, its relative value, cost, and also cost of transportation to other places, and to give this upon request assigned to SEC. 7. There shall be assigned to the commissioner of Rooms to be highways, by the Board of State Auditors, suitable rooms at bureau. Lansing, for the conducting of the business of said bureau. SEC. 8. To carry out the provisions of this act, there is Appropriation hereby appropriated for each of the fiscal years ending June thirty, nineteen hundred four, and June thirty, nineteen hundred five, the sum of five thousand dollars. porated in SEC. 9. The Auditor General shall add to and incorporate To be incorin the State tax for the year nineteen hundred three, the sum prax. of five thousand dollars, and for the year nineteen hundred four the sum of five thousand 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. [No. 204.] AN ACT to amend section fifty-six of chapter seventy-seven of the Revised Statutes of eighteen hundred forty-six, entitled "Of the sale of lands for the payment of debts by executors, administrators and guardians," as added by act one hundred twenty-seven of the public acts of eighteen hundred ninety-five and by act two hundred thirty-five of the public acts of eighteen hundred ninety-nine, being section nine thousand one hundred thirty-three of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: amended. SECTION 1. Section fifty-six of chapter seventy-seven of the Section Revised Statutes of eighteen hundred forty-six, entitled "Of the sale of lands for the payment of debts by executors, administrators and guardians," as added by act one hundred twenty-seven of the public acts of eighteen hundred ninetyfive and by act two hundred thirty-five of the public acts of eighteen hundred ninety-nine, being section nine thousand one hundred thirty-three of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended so as to read as follows: When probate judge may grant license to sell real estate. Proviso. Further proviso. SEC. 56. In any case where license to sell real estate has been applied for and it shall appear from the petition and from the testimony of two or more credible and disinterested free holders, under oath in writing, administered by the judge of probate having the estate in charge or the judge of probate of the county, in which the land is situated, that the interest of the estate in said real estate does not exceed in value the sum of one thousand dollars, the judge of probate may, in his discretion, after due notice to all persons interested, as required by this chapter, grant a license to the executor, administrator or guardian to dispose of said real estate at private sale at the highest price obtainable, not less than the value thereof as determined by said judge of probate, which sale shall be approved and confirmed by said probate judge before any deed passing the title to said real estate so sold at private sale shall be valid and effectual: Provided, That said freeholders shall be well known to the judge taking such testimony to be credible witnesses and when taken by a judge not having the estate in charge shall be paid for and transmitted the same as depositions in other courts and in either case such testimony shall be filed and kept with other papers relating to the sale of said real estate: And provided further, That the provisions of this chapter relating to the oath and bond of the executor, administrator or guardian before a sale shall be applicable to sales under the provisions of this section, and all the other provisions of this chapter, except where plainly inapplicable, shall be applicable to sales under this section. Approved June 16, 1903. Amount of assessment to levy. Proviso. [No. 205.] AN ACT requiring presidents and secretaries and other executive officers of mutual fire and wind storm insurance companies doing business in this State, to levy assessments sufficient to cover all liabilities of the company at each and every assessment levied. The People of the State of Michigan enact: SECTION 1. It shall be the duty of the president and secretary or other executive officer or officers having power to levy assessments for each and every mutual fire and wind storm insurance company doing business in this State, to levy an assessment on the members thereof sufficient to cover all liability of the company at each and every assessment: Provided, That if in any year the total amount of loss of any such mutual fire or wind storm insurance company exceeds the amount of four mills on a dollar, the said officers of such company may carry forward one-half of such total amount of loss in excess thereof and include such sum in an assessment to be made during the year immediately following. The remaining amount of such loss in excess thereof shall be carried forward and included in an assessment to be made during the second year immediately following the year during which such loss was sustained. r fusal to SEC. 2. Any person being a resident of this State, acting Penalty for as president, secretary or other officer of any such mutual fire and wind storm insurance company, doing business in this. State, who shall wilfully refuse or neglect to make assessments as provided in section one of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars nor less than five hundred dollars, or by imprisonment in the county. jail not less than six months nor more than one year, or both such fine and imprisonment in the discretion of the court. This act is ordered to take immediate effect. Approved June 16, 1903. [No. 206.] AN ACT to amend sections one, two, three, four, five, eight and eleven of act number one hundred thirty-seven, session laws of eighteeen hundred ninety-seven, entitled "An act to prevent the introduction or spread of San Jose scale or other injurious insects or infectious diseases of trees, vines, shrubs or plants grown in this State or imported from other states, provinces or countries." The People of the State of Michigan enact: amended SECTION 1. Sections one, two, three, four, five, eight and Sections eleven of act number one hundred thirty-seven of the public acts of eighteen hundred ninety-seven, entitled "An act to prevent the introduction or spread of San Jose scale or other injurious insects or infectious diseases of trees, vines, shrubs or plants grown in this State or imported from other states, provinces or countries," are hereby amended to read as follows: nurseries, who office, duties, SEC. 1. It shall be the duty of the State Board of Agri- Inspector of culture, immediately upon the taking effect of this act, to to appoint, appoint some competent person who shall be known as the term of State Inspector of Nurseries and Orchards, who shall hold etc. office during the pleasure of said board, whose duty it shall be to inspect any and all nurseries in the State of Michigan, as to whether they are infested with San Jose scale or other injurious or destructive insects, or infected with infectious or contagious diseases, and if, upon such inspection, he finds no |