(c) It is next urged that by the consolidation Mrs. Jebb is deprived of the right to file a cross-bill against her codefendant Moran, to compel him to contribute towards the payment of such portion of the indebtedness as was satisfied by the sale of her individual property, put up as collateral for the joint obligation of Mrs. Jebb and Mr. Moran through the trust agreement. If she is now deprived of that right in these chancery suits, she still may maintain a suit at law to recover the amount due from Mr. Moran. Mrs. Jebb might have appeared in either of the two suits and filed a cross-bill. She did not choose to do so, and we think now she is not entitled to have the decree reversed. Even upon the order of consolidation she might have asked leave to interpose a cross-bill for the protection of her rights as against Moran, and the court would undoubtedly have granted it. A court of chancery determines and settles the rights of all the parties to a transaction of this character, in order to avoid a multiplicity of suits. We think it is Mrs. Jebb's own fault that she has not put herself in the position which entitles her now to this remedy.

2. It is urged that the decree is erroneous (a) because interest was computed at an excessive rate; (b) because the proceeds of the sale of Mrs. Jebb's property are applied to her indebtedness to the Detroit Savings Bank, not yet due; (c) that the decree requires the sale of Mrs. Jebb's property to be made by a circuit court commissioner, instead of the trustee. No such claims were made in the court below, or upon filing objections to the report of the commissioner, or on entering the decree. The objections are made too late. Belding v. Meloche, 113 Mich. 223; Beck v. Finn, 122 Mich. 21.

3. It was next contended that the commissioner's deed was improperly executed and recorded before the consummation of the sale. The report of the commissioner was made November 3, 1904, and his deeds on the sale were recorded on the same day. The defendants moved to set aside the sale and vacate the deeds, and on the 21st of November an order was made by the court,

modifying and confirming the commissioner's report of sale and denying the motion to set aside the deeds. By Act No. 200, Pub. Acts 1899, it is provided that the circuit court commissioner shall upon such sale execute deeds, indorsing thereon the time when sale shall become operative, and shall within 20 days after such sale deposit the same with the register of deeds of the county. The recording was in conformity with this statute.

Decree is affirmed, with costs.

MOORE, C. J., and BLAIR, MONTGOMERY, and OsTRANDER, JJ., concurred.

ATTORNEY GENERAL, ex rel. BURBANK, v. STRYKER.

1. STATUTES-AMENDATORY ACTS-VALIDITY.

A statute purporting to amend a repealed statute is valid, where the provisions of the new statute are independent and complete in themselves.

2. SAME

TITLE OF BILL-INACCURACY-EFFECT.

An inaccuracy in the title of a bill as first introduced, arising from its failure to allude to an amendment of a prior statute intended to be amended by the bill, is not fatal, where the intention to amend the section then in force is apparent.

3. SAME-SUBSTITUTED BILL-TIME FOR INTRODUCTION.

A bill, disclosing in its title a purpose to amend the general drain law, was read twice by title and referred to committee, who reported back a substitute with a title disclosing a purpose to provide for the election of a drain commissioner in Berrien county. Held, that it must be presumed that the purpose of the original bill was the same as that disclosed by the title to the substitute, and that therefore the substitute was germane to the purpose of the original and a valid enact

ment, though not presented by the committee until after expiration of the 50-day limit for the introduction of bills.

4. DRAINS ELECTION OF COMMISSIONER STATUTE IMPLIED AMENDMENT.

Act No. 448, Local Acts 1903, providing for the election of county drain commissioner in the county of Berrien, is an amendment by implication of Act No. 254, Pub. Acts 1897, as amended by Act No. 272, Pub. Acts 1899, authorizing the board of supervisors of each county to appoint a drain commissioner, and a person elected pursuant to the act of 1903 is entitled to the office as against an incumbent holding under an appointment under the prior general law.

Quo warranto proceedings by Henry E. Chase, deputy attorney general, on the relation of John E. Burbank, against Frank A. Stryker to try the title to the office of drain commissioner of Berrien county. Submitted May 2, 1905. (Docket No. 225.) Judgment of ouster entered September 28, 1905.

Henry E. Chase (Gore & Harvey, of counsel), in pro.

per.

A. A. Worthington and M. L. Howell, for respondent.

OSTRANDER, J. The respondent was duly appointed drain commissioner of Berrien county October 14, 1903, pursuant to the provisions of section 1 of chapter 2 of Act No. 272, Pub. Acts 1899. This act is amendatory of certain sections of, and adds certain sections to, Act No. 254, Pub. Acts 1897, entitled "An act to provide for the construction and maintenance of drains, and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto." For convenience, the section is quoted:

"The board of supervisors of each organized county in this State shall, at their annual meeting in the year eighteen hundred and ninety-seven and every second year thereafter, appoint one county drain commissioner, whose term of office shall be two years, and shall begin on the first day of January following his appointment. All

county drain commissioners holding office at the time that this act takes effect shall continue in office until the first day of January, eighteen hundred and ninety-eight. In case of vacancy in the office of the county drain commissioner occurring thirty days or more previous to a regular or special meeting of the board of supervisors, the same may be filed within ten days, or as soon thereafter as practicable, by appointment by a majority vote of the county clerk, prosecuting attorney and judge of probate of the county and of which election they shall file the certificate with the county clerk, and the person so appointed shall hold his office until the next regular or special meeting of the board of supervisors, when the said board shall fill such vacancy. Every county drain commissioner shall, within ten days after his appointment, take, subscribe and file with the county clerk the oath of office required by the Constitution of this State and shall also within the same time execute and file with such clerk a bond to the county in the penal sum of ten thousand dollars with two or more sufficient sureties to be approved by such clerk, conditioned upon the faithful discharge of the duties of his office. It shall be the duty of the county clerk, upon the appointment of any county drain commissioner, to make report thereof to the secretary of State, giving also the date he qualified and entered upon the discharge of his duties."

It changes the corresponding section in the law of 1897 only by increasing the penalty of the required bond from $5,000 to $10,000.

Respondent qualified, and on January 1, 1904, entered upon the duties of the office. Relator was duly elected in November, 1904, pursuant to an act of the legislature approved April 30, 1903, being Act No. 448, Local Acts 1903, which reads as follows:

66

'An act to provide for the election of county drain commissioner in the county of Berrien.

"The People of the State of Michigan enact:

"SECTION 1. At the regular biennial election to be held on the Tuesday succeeding the first Monday in November, nineteen hundred four, and each two years thereafter, there shall be chosen in Berrien county, in this State, by the qualified electors thereof, on the same ticket as the other county officers, a county drain commissioner, whose term of office shall begin on the first day of January fol

lowing his election, and continue for two years. Before entering on the duties of his office said duly elected drain commissioner shall take and file with the county clerk the constitutional oath of office, and shall also file a bond in the penal sum of five thousand dollars, conditioned on the faithful discharge of the duties of his office, which bond, before filing, shall have been approved by the board of supervisors. It shall be the duty of the county clerk to make report to the secretary of State of the election and qualification of the county drain commissioner, as a part of his report of the election and qualification of the county offi

cers.

"This act is ordered to take immediate effect."

Having taken the oath of office and filed an official bond in the sum of $5,000, approved by the board of supervisors, he demanded of respondent the office and the books and papers thereto belonging. His demand was refused, and this proceeding was instituted.

The legislative history of the act last mentioned is here given: There was introduced in the house of representatives February 10, 1903, House Bill No. 210, entitled:

"A bill to amend section 1 of chapter 2 of Act No. 254 of the Public Acts of 1897, entitled 'An act to provide for the construction and maintenance of drains, and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto,' approved June 2, 1897, and to repeal section 2 of said act."

There is a section 2 in each of the nine chapters of the act. The bill was read a first and second time by its title and referred to the committee on drainage. This committee, on March 17, 1903, reported back the bill, with an accompanying substitute therefor, entitled "A bill to provide for the election of county drain commissioner in the county of Berrien," and recommended that the substitute be concurred in and that the bill as substituted pass. The report was accepted and the committee discharged; and, the question being on the adoption of the proposed substitute, it was adopted. The rules were suspended, the bill placed on its immediate passage, read a third time, passed, and given immediate effect. This action of the house