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[No. 8.]

AN ACT to amend section one of act number ninety-one of the Session Laws of eighteen hundred thirty-nine, entitled "An act to provide for the recording of town plats, and for vacating the same in certain cases," being section three thousand three hundred seventy-two of the Compiled Laws of eighteen hundred ninety-seven, as amended by act number one hundred fourteen of the Public Acts of nineteen hundred nine.

The People of the State of Michigan enact:

amended.

SECTION 1. Section one of act number ninety-one of the Section Session Laws of eighteen hundred thirty-nine, entitled "An act to provide for the recording of town plats, and for vacating the same in certain cases," being section three thousand three hundred seventy-two of the Compiled Laws of eighteen hundred ninety-seven, as amended by act number one hundred fourteen of the Public Acts of nineteen hundred nine, is hereby amended to read as follows:

map by

SEC. 1. Whenever any town, township or subdivision there- Survey and of, city, village or addition thereto shall be laid out or shall civil engineer. be altered or vacated as hereinafter provided, within this State, the proprietor or proprietors thereof shall cause a survey and a true map or plat thereof to be made by a civil engineer, surveyor or other competent person. Such map

description.

proprietor,

or plat shall in every case be made on a scale showing not more than two hundred feet to an inch, on sheets of good muslin-backed paper, eighteen inches by twenty-four inches in size, and more than one plat shall not be made on one sheet. There shall be written or printed upon the paper on which Detailed said map or plat shall be made a full and detailed description of the land embraced in said map or plat, showing the township and range in which such land is situated and the sections and parts of sections platted, and containing the name of the town, city, village or addition platted, the name Name or names of the proprietor or proprietors thereof, and of the of town, engineer, surveyor or person making said map or plat, with surveyor, etc. the date. The same shall be signed by such proprietor or Signatures, proprietors and their wives, and engineer, surveyor or person witnesses, etc. making the same, and shall be witnessed and acknowledged by the owners, as deeds conveying lands are required to be witnessed and acknowledged. The sections and parts of sec- Sections, tions platted shall also be designated by lines drawn upon such etc., platted, map or plat, with appropriate letters and figures, and in nated. case of a subdivision of lots or blocks of a previous survey, Subdivisions the outlines of the original or previous lots or blocks so sub- of previous divided shall be designated by lines drawn upon said map or plat, and shall be marked with appropriate letters and figures. There shall also be on such map or plat a plain

how desig

survey.

Certificate as to tax liens, etc.

Certificate of approval by town

board, etc.

Map, etc., to be presented to board of supervisors.

Certificate

designation of the cardinal points and a correct scale. Before such map or plat shall be approved by the Auditor General and before such map or plat shall be recorded by the register of deeds, the proprietor or proprietors thereof shall, cause to be attached to said map or plat a certificate from the county treasurer whether there are any tax liens or titles held by the State or by any individual against such piece or description of land described in such map or plat, and whether all taxes due thereon have been paid for the five years preceding the date of such certificate, and in the absence of such certificate the Auditor General shall not approve said map or plat until such certificate is secured and presented; and before such map or plat shall be approved by the Auditor General, and before such map or plat shall be recorded by the register of deeds, the proprietor or proprietors thereof shall cause to be attached to said map or plat a certificate of approval from the township board, or the city council, or the village council having jurisdiction over the lands so described in the said map or plat; and in cases where the lands described in such map or plat are situated outside of any incorporated city or village, such map or plat before being approved by the Auditor General and before being recorded as aforesaid, shall be presented to the board of supervisors of the county in which the lands so described in said map or plat are situated or to the board of county auditors in counties having such board. The said board of supervisors shall thereupon refer such plat or map to a committee for investigation and report to such board after such investigation, and upon receipt of such report the said board by resolution or motion spread upon its proceedings, shall determine whether or not such map or plat shall be approved, and in case of its approval by such board, its chairman and clerk shall certify such approval upon said map or plat. In counties having boards of county auditors such boards of county auditors shall exercise similar powers to those herein conferred upon the several boards of supervisors. Unless such to be recorded. map or plat covering lands situated outside of any incorporated city or village receives the approval of said board of supervisors or board of county auditors, as hereinbefore mentioned, the same shall not be recorded or approved by the Auditor General. For the purpose of such approval by the Auditor General and recording with the register of deeds, the proprietor or proprietors shall cause to be made by a civil engineer, surveyor or other competent person, on the same scale and on paper of the same size and quality as that on which the map or plat is required to be made, an exact copy of said map or plat with detailed description or descriptions, signatures, witnesses, acknowledgment and certificate of county treasurer; and it shall be the duty of the proprietor or proprietors to cause said map or plat to be forwarded to the Auditor General for his approval, together with said copy

of approval.

Maps disapproved not

Copy of map forwarded to Auditor General.

General,

duty of.

thereof, and to deposit with the Auditor General a fee of Filing fee. four dollars for approving, filing and recording said map or plat. It shall be the duty of the Auditor General of the Auditor State to approve said map or plat when same shall conform in his opinion to the requirements of this act, and pay over three dollars of said sum to the State Treasurer to be credited to the general fund and to forward the remaining sum of one dollar to the register of deeds as the registration fee as hereinafter provided. In case such map or plat is approved by In case of the Auditor General of the State, he shall immediately for approval. ward said map or plat, approved, with certificate and date of approval inscribed thereon to the register of deeds in the proper county, and shall pay over to said register of deeds the one dollar fee herein provided for at such time when said register of deeds shall have furnished the Auditor General of the State a proper certificate of recording said map or plat. In case said map or plat is not approved by the Auditor General the sum of one dollar herein specified as registration fee shall be returned to the proprietor or proprietors of said map or plat; but in no case shall the three dollars which has been turned into the State treasury and credited to the general fund be returned. If for any reason the Auditor In case of General of the State does not approve the said map or plat, disapproval. he shall notify the proprietor or proprietors and give his reason therefor. It shall be the duty of the Auditor General of the State to compare the copy of said map or plat with the map or plat, and transcribe on said copy a certificate of the recording of said map or plat forwarded by the register of deeds in the county where said map or plat is recorded, and inscribe on said copy of said map or plat a certificate of the Auditor General of the State, giving the date of filing of said copy and that the same is a true copy of the said map or plat forwarded to the register of deeds for recording: Provided, That in case the said proprietor or proprietors of Proviso, said map or plat desire to retain a copy of said map or plat, the said proprietor or proprietors shall forward a second copy. exact copy of said map or plat upon paper of the same kind and quality or upon tracing linen, and otherwise in all respects as heretofore provided for the forwarding of the first copy of said map or plat, to the Auditor General who shall return the same to said proprietor or proprietors without additional cost, with a certificate inscribed thereon that the said copy is a true and exact copy of the said map or plat forwarded to the register of deeds for record, and that there is also a true copy of said map or plat on file in the office of the Auditor General of the State as provided by this act:

proprietor

may retain

plats here

Provided further, That all plats hereafter made in this Further State including plats of land owned or controlled by sum- provi mer resort associations, and all other plats made by any other after made. person, association or corporation shall be approved, filed and recorded in the manner provided in this section. The Auditor

Index to be kept.

Duty of

receipt of

map.

Penalty.

To record

General shall keep an index in which he shall enter alphabetically the name of every town, city, village and addition, a copy of record of the map or plat of which shall be filed in his office, the date of filing the same, and whatever else he may think necessary to facilitate reference thereto. The register upon said register, upon the receipt of said map or plat from the Auditor General of the State, shall fasten the said map or plat in a book of the proper size for such paper so that it shall not be folded, which book shall be strongly bound in leather and provided at the expense of the said county, and such copy so fastened in said book shall be held and taken to be a record of the said map or plat, with like effect as if the said map or plat had been actually transcribed by said register in a book in his office, and for any wilful violation of this provision by a register of deeds he shall be liable to a penalty of ten dollars, and shall also be liable to pay all damages which any person may sustain by reason thereof, to be recovered in an action of trespass on the case. The register shall certify on such map or plat the time when it was recorded as aforesaid, with a reference to the book or page where recorded. He shall note on the record the time and index map. when made, and shall keep a separate index of maps or plats, in which he shall enter alphabetically the name of every town, city, village or addition, the map or plat of which shall be recorded by him, with a reference to the book and page where the same shall be recorded. The register of deeds, after recording said map or plat as herein provided, and before he shall be entitled to the one dollar registration fee to be forwarded by the Auditor General of the State as herein provided, shall cause to be furnished the Auditor General of the State a proper certificate of the recording of said map or plat upon such blank form which may be forwarded by the Auditor General of the State. The map or plat, with the certificate of record endorsed thereon, the record thereof made as aforesaid, or a properly certified transcript of such record, shall be received in all courts in this State as prima facie evidence of the making and recording of such map or plat in conformity with the provisions of this act, and the copy of such recorded map or plat filed or in the Auditor General's office, or a properly certified transcript thereof, shall be received in all courts of the State as prima facie evidence of the above matters, and also the filing of said copy in the Auditor General's office. If any person or persons shall sell and convey any lot or lots within any such town, city, village or addition, by reference to such plat before the map or plat thereof shall be recorded and the copy of the record thereof filed as aforesaid, he or they shall forfeit and pay the sum of ten dollars for each lot so sold. For all services by this act required to be performed by a register of deeds in respect to any such map or plat brought into his office for record, the said register shall be entitled to receive the sum of one

Certificate of recording.

Record, etc., prima facie evidence.

Sales before plat recorded.

Compensation of register under this act.

when map

dollar, which shall be paid as herein provided: Provided, Proviso, That in all cases where the proprietor or proprietors of any made by piece or pieces of land shall have caused the same to be laid assessor, etc. out and platted as a city, town or village, or as an addition to a city, town or village, or where the proprietors have caused such city, town or village lots to be deeded by metes and bounds and courses and have failed or neglected to have a plat thereof made and recorded as provided by this act, the supervisor or assessor of the township, city or village in which such land is situated shall, when authorized by the township board of such township or by the common council or the board of trustees of such city or village, cause a map or plat of said city, town, village or addition to be made under his hand and seal, properly acknowledged by him and in every way following the provisions of this act, except as to the certificate of the county treasurer relating to tax titles and tax liens as provided by this act, and showing by reference to this act the authority for the same. Such plat or map, when recorded Relative to and filed as herein provided by this act, shall be treated in taxes, etc. respect to the assessment, collection and return of taxes and the sale of said lands for delinquent taxes, as if the same had been made by the proprietor or proprietors: Provided, Proviso, That such proceedings shall not interfere with vested rights: Provided further, That the expense of making said plat or Further map, when done by the supervisor or assessor according to proviso. the provisions of this act, shall be paid by the township, city or village in which such plat is located. Approved March 20, 1912.

vested rights.

[No. 9.]

AN ACT to provide for the expression by the qualified enrolled voters of the several political parties of their choice for the nomination by their party for the President of the United States, and making an appropriation to carry out the provisions of the same.

The People of the State of Michigan enact:

primary,

SECTION 1. On the first Monday in April, nineteen hun- Presidential dred twelve, and on the first Monday in April in every four when held. years thereafter there shall be held a primary nominating election in every voting precinct of this State, which shall be known as the April Presidential Primary Election, at Who which the qualified enrolled voters, including those who shall may vote. be enrolled on the first day of April, in the year of our Lord nineteen hundred twelve, of the several political parties shall have the opportunity on separate ballots provided for that

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