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In cities, the Mayor and Aldermen, and in incorporated villages, the President and Trustees, constitute the Board of Health.

Questions-What officers constitute the Board of Health in townships? What are the powers of the Board in regard to establishing regulations to prevent the spread of disease? What is said of hospitals? What officers constitute the Board of Health in cities? In villages?

OF FENCES AND

CHAPTER XLVII.

FENCE-VIEWERS

WHEN NO

DAMAGES AL

LOWED FOR INJURIES BY TRESPASSING ANIMALS.

All fences four and a half feet high, in good repair, consisting of rails, timber, boards or stone walls, or any combination thereof, and all brooks, rivers, ponds, creeks, ditches, and hedges, or other things which shall be considered equivalent thereto, in the judgment of the Fence-Viewers within whose jurisdiction the same may be, shall be deemed legal and sufficient fences.

It is the duty of persons occupying adjoining lands, to maintain partition fences, in equal shares, so long as both parties continue to improve such lands. The Overseers of Highways are, by law, made the Fence-Viewers in their respective townships, and it is their duty, when the parties cannot agree, to determine the condition of partition fences, and to assign to the parties their share of such fences to be by them kept in repair.

The law provides that no person shall be entitled to recover any sum of money, in any action at law, for damages

done upon lands by any beast or beasts, unless the partition fences by which such lands are wholly or in part enclosed, and belonging to such person, or by him to be kept in repair, shall be of the same height and description as is required by the provisions of the first paragraph of this chapter.

Questions - What constitutes a lawful fence? What is the duty of persons occupying adjoining lands, with reference to partition fences? Who constitute the Fence-Viewers, and what are their duties? What is said with reference to the recovery of damages for injuries from trespassing animals?

CHAPTER XLVIII.

MONEY AND INTEREST.

The interest of money shall be at the rate of seven dollars upon one hundred dollars for a year, and at the same rate for a greater or less sum, and for a longer or shorter time. But it is lawful for the parties to stipulate in writing any rate of interest not exceeding ten per cent. per annum.

Where parties agree that the rate of interest shall exceed that authorized by law, the legal rate, and no more, can be recovered, in an action at law.

When any installment of interest upon any note, bond, mortgage, or other written contract shall become due, and the same shall remain unpaid, interest may be computed and collected on any such installment so due and unpaid, from the time at which it becomes due, at the same rate as specified in any such note, bond, mortgage or other written contract, not exceeding ten per cent., and if no rate of interest be specified, then at the rate of seven per cent. per annum.

Parties loaning money, may take interest authorized by the law of this State, without reference to the law of the place where the money may be payable.

Questions-What is the legal rate of interest in Michigan? What rate may parties agree upon? Where the rate of interest agreed upon exceeds that authorized by law, what may be recovered? What is said of interest upon installments? When money loaned in this State is. made payable elsewhere, what rate of interest may be taken?

CHAPTER XLIX.

OF THE SUPPORT OF POOR PERSONS.

The father, mother, and children of any poor person who is blind, old, lame, impotent or decrepit, so as to be unable to maintain himself, shall, at their own charge, relieve and maintain such poor person, in such manner as shall be approved by the Directors of the Poor of the township where such poor person may be, or by the Superintendents of the County Poor.

If the relatives whose duty it is to provide for a poor person, refuse to do so, the Circuit Court may make an order to compel them to furnish such support.

The father shall be first required to maintain such poor person, if of sufficient ability; if there be no father, or if he be not of sufficient ability, then the children of such poor person; if there be no such children, or they be not of sufficient ability, then the mother, if she be able to do so.

If the relative required by law to support a poor person, is unable wholly to maintain such poor person, the Court has power to direct two or more relatives to furnish such support, and may fix the amount to be furnished by each.

When parents abandon their children and refuse to support them, or when a husband so abandons his wife, the Superintendents of the Poor may seize upon the property of such parent or husband, and the same may be sold for the support of such wife and children.

The personal property of paupers, except their wearing apparel, may be sold for their support.

When poor persons, unable to support themselves, have no relatives able to support them, they may be supported at the expense of the county. If the poor person needs temporary relief only, it may be furnished by the Supervisor of the township, city, or ward, or by the Superintendents of the Poor; but if the person requires permanent relief, he is, in those counties having poor-houses, to be taken to such poor-house, where he is kept and supported under the directions of the Superintendents.

In some of the counties the distinction between township and county poor has not been abolished by the Board of Supervisors. In such cases it is the duty of the township to provide for such of their citizens as are unable to support themselves, unless their relatives are able to furnish such support.

Questions-What relatives are required to support poor persons? May relatives, having the ability so to do, be required to support poor persons? State the order in which relatives are required to support poor persons. In case a relative whose duty it is, by law, to support a poor person, is unable to provide sufficient support, what order may the Circuit Court make? What is said concerning those who abandon their children and wives and refuse to support them? What may be done with the personal property of paupers? In case a person is unable to support himself, and has no relatives able to do so, what provision is made?

CHAPTER L.

OF THE LIEN OF MECHANICS AND OTHERS.

For the purpose of enabling mechanics and others who may furnish labor or materials for constructing or repairing buildings, or for putting up any engine, machinery, or appurtenances, for the owner or lessee of lands, upon such lands, the law has provided for a lien thereon.

Such lien shall not attach, unless the contractor, or some one in his behalf, shall make and file with the Register of Deeds of the county in which the land shall lie, a certificate containing a copy of his contract, if the same is in his possession and in writing, and if not, then a statement of the terms of the contract, as near as he can give it, and a description of the piece or pieces lot or lots of land, on which such building, wharf, or machinery shall be or is to be constructed or put up, and a statement of the amount due and to become due, on said contract, together with all credits the owner may be entitled to, which certificate shall be verified by the affidavit of the contractor, or some one in his behalf. When this is done, and the owner is notified thereof, the lien becomes binding.

The lien, when the certificate has been recorded, continues good for six months, when it ceases, unless proceedings shall, within that time, be taken to enforce the lien.

Sub-contractors may also have a lien for work and materials furnished by them. This is secured by making and filing with the Register of Deeds a similar certificate to that required of the contractor, and containing a further statement of the terms of his contract with the original contractor.

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