Distinction be tween "trespass" the case" abol ished. (10400) SEC. 30. The distinction between the actions of and "trespass on "trespass" and "trespass on the case" is hereby abolished; and in all cases where "trespass" or "trespass on the case" has been heretofore the appropriate form of action, either of said forms may be used, as the party bringing the action may elect. And counts in trespass and trespass on the case may be joined in the same action. Approved May 1, 1905. Section amended, Chapters repealed. Proviso. [No. 78.] AN ACT to amend section eleven of act number two hundred nine of the public acts of eighteen hundred ninety-seven, entitled "An act to revise, amend and consolidate the laws for the incorporation of ecclesiastical bodies." The People of the State of Michigan enact: SECTION 1. Section eleven of act number two hundred nine of the public acts of eighteen hundred ninety-seven, entitled "An act to revise, amend and consolidate the laws for the incorporation of ecclesiastical bodies," is hereby amended so as to read as follows: SEC. 11. Chapters one hundred seventy, one hundred seventy a, one hundred seventy-one, one hundred seventy-two, one hundred seventy-three, one hundred seventy-four, one hundred seventy-five, one hundred seventy-six, one hundred seventy-six a, one hundred seventy-seven, one hundred seventyseven a, one hundred seventy-seven b, one hundred seventyeight, one hundred seventy-eight a, of Howell's annotated statutes are hereby repealed: Provided, however, That notwithstanding the repeal of the above mentioned acts, all rights of whatever nature whether of incorporation, reincorporation, reorganization, existence, franchise, property or action now existing are expressly preserved, and the above mentioned acts for the enjoyment and enforcement of any such rights shall be deemed to be still in force, but for no other purpose whatsoever. This act is ordered to take immediate effect. [No. 79.] AN ACT to amend section one hundred of chapter fourteen of the revised statutes of eighteen hundred forty-six, relative to county surveyors, as amended by act number one hundred of the public acts of eighteen hundred eighty-nine, being compiler's section two thousand six hundred twentytwo of the Compiled Laws of eighteen hundred ninety-seven, and to repeal act number one hundred ninety-five of the public acts of eighteen hundred ninety-nine, entitled "An act to provide for the filing of a copy of the minutes made by surveyors or civil engineers in the subdivision of all lands within this State." The People of the State of Michigan enact: amended. SECTION 1. Section one hundred of chapter fourteen of the Section revised statutes of eighteen hundred forty-six, relative to county surveyors, as amended by act number one hundred of the public acts of eighteen hundred eighty-nine, being compiler's section two thousand six hundred twenty-two of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended so as to read as follows: surveys. (2622.) SEC. 100. Each county surveyor shall record in a Surveyor to resuitable book, to be provided by him at the expense of the cord permanent county, all surveys for permanent purposes made by him and his deputies, also surveys for township highways and village plats. The record of each survey shall set forth the evidence What record to by which the surveyor determined or identified the corners or set forth. other starting points of his survey, describing the points fully, and also setting forth whatever means were taken by him to perpetuate them upon the ground or to assist in determining and preserving their location. The record shall show the object of the survey and the methods pursued by the surveyor in making it, diagrams of plats being used to illustrate the same when necessary or convenient to do so. Upon the dia- What diagrams grams shall be shown the courses and distances of such bound. ary lines as may have been located by the survey, and such other facts as may have been determined by it. Such diagrams To be part of shall be considered a part of the record. When the courses of the lines are given by the magnetic needle, the record shall show the amount and direction of the allowance made by the surveyor for the difference between the magnetic meridian and the true meridian. The record shall show the date of the sur- Record to show vey, the name of the person or persons for whom it was made, de and the persons employed as chainmen on the survey. The surveyor shall certify upon the record that he has carefully What surveyor to compared the record with the original field notes taken by him certify. at the time of the survey, and that it is a true statement of the to show. record.. date of survey, field notes. etc. Diagrams, how used. to contain. To keep original facts of such survey, as shown by said original notes. Each county surveyor and his deputies shall keep the original field notes of all surveys made by them for permanent purposes, in books of convenient size and well bound in leather, to be furnished by the county surveyor, at the expense of the county. Notes, how taken, These notes shall be taken and set down in the manner in which field notes of the United States surveys are kept, and shall contain all the details of each survey, in the order in which the survey was made, including in full all calculations made by the surveyor to determine areas, or for measuring inaccessible distances, such as lake and river crossings, or for any other purpose required by the survey. Diagrams may be used for purposes of illustration, but shall not be used instead What field book of the written notes required to be kept. Each field book shall contain an index referring to the surveys of which it contains the field notes. It shall also contain the certificate of the surveyor who made the surveys, that the field notes therein contained are the complete original field notes of the surveys within referred to and described. These original field notes shall be a part of the record required to be kept by the county surveyor, and the books containing them shall be deposited and kept with the other surveyor's records of the county. Each deputy county surveyor, whenever one of these books shall be filed with field notes by him, shall deposit the same in the office of the county surveyor, and whenever his own term of office expires, shall turn over to the county surveyor such books as have been partly filled by him. The county surveyor shall ords, where kept. keep the field notes and other county surveyor's records in a fire-proof vault, in an office at the county seat, to be designated by the board of supervisors as a depository for the same, excepting that this shall not apply to the field books which are required to be used in the field by the surveyor in making his surveys, during the time when such books are thus being used. Records, open to The field notes and records required by this act shall be accessible to the public at any time, subject to such regulations as may be provided by the board of supervisors. The county surveyor and his deputies shall keep the records of their surveys required by this act written up in full for each month. within seven days after the close of the month. Field notes of deputy surveyor, where filed, etc. Surveyor's rec public. Records to be written in full, monthly. Act repealed. SEC. 2. Act number one hundred ninety-five of the public acts of eighteen hundred ninety-nine, entitled "An act to provide for the filing of a copy of the minutes made by surveyors or civil engineers in the subdivision of all lands within this State," is hereby repealed. Approved May 1, 1905. [No. 80.] AN ACT to authorize and empower the Board of State Auditors, the Board of Control, Board of Trustees or governing board of certain State institutions, to make, prescribe and enforce rules and regulations for the care, order and preservation of buildings or property dedicated and appropriated to the public use and the conduct of those coming upon the property thereof; to prescribe penalties for a violation thereof and to repeal all acts or parts of acts inconsistent with the provisions of this act. The People of the State of Michigan enact: make rules for of order. SECTION 1. The Board of State Auditors, the Board of State boards may Trustees of the Industrial School for Boys, the State Board of care of property, Education, the Board of Guardians of the State Industrial and maintenance Home for Girls, the Board of Control of the Michigan College of Mines, the Board of Trustees of the Eastern Michigan Asylum, the Board of Trustees of the Michigan Asylum for the Insane, the Board of Trustees of the Northern Michigan Asylum, the Board of Trustees of the State Asylum, the Board of Trustees of the Upper Peninsula Hospital for Insane, the Board of Control of the State Prison at Jackson, the Board of Control of the State House of Correction and Branch Prison of the Upper Peninsula, the Board of Control of the Michigan Reformatory at Ionia, the Board of Trustees of the Michigan School for the Deaf, the Board of Control of the Michigan School for the Blind, the Board of Managers of the Michigan Soldiers' Home, the Board of Control of the Michigan Home for Feeble Minded and Epileptic, the Board of Trustees of the Michigan Employment Institution for the Blind, the Board of Control of the State Public School, the State Board of Agriculture, the State Board of Fish Commissioners, the Michigan State Agricultural Society, and the Board of Regents of the University of Michigan shall have authority to make and prescribe rules and regulations for the care, preservation and protection of buildings and property dedicated and appropri ated to the public use, over which they have jurisdiction or power of control and the conduct of those coming upon the property thereof, which may be necessary for the maintenance of good order and the protection of said State property; and shall have authority to enforce such rules and regulations, and May enforce empower one or more persons with the authority prescribed in rules, and punish this act, and cause any person or persons found guilty of a violation thereof to be punished in the manner hereinafter prescribed. offenders. who deemed SEC. 2. Any person who shall wilfully cut, peel, or other Misdemeanor, wise injure or destroy any tree or shrub standing on any guilty of. property dedicated or appropriated to the public use and within the control or under the jurisdiction of any of the said Penalty. Policemen, vested with au warrant. above named boards; who shall carry, draw, leave or deposit within or upon said property any filth, rubbish or garbage; who shall efface any mark or inscription of any kind whatsoever or mutilate or destroy any building, machine, or appliance, fence or hedge of any kind; who shall enter, hunt or trespass upon any part or portion of property or skate upon, or fish, in any manner in any pond, brook or stream, the use of which is forbidden to the general public, and relative to which there are signs or notices to that effect; who shall be guilty of any boisterous or disorderly conduct upon the premises thereof, annoy, harass, assault or disturb any inmate or person cared for or under the control of said boards; who shall without authority or permission unlock or open any gate, window or door or enter any room, hall, ward or yard or other portion of any institution in which inmates or persons are detained under State control; who shall create, cause or attempt to create any disturbance or openly and wilfully refuse to conform to such rules, regulations, and orders as any of the said boards may prescribe, shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined not more than fifty dollars or by imprisonment in the county jail of the county where such offense is committed for a period of not less than ten days nor more than sixty days, or both such fine and imprisonment, in the discretion of the court. SEC. 3. Every person duly appointed or chosen by any of thority of sheriff. the said boards to act in the capacity of superintendent, policeman, watchman, marshal, deputy marshal, guard or attendant, shall be vested with the general authority of sheriffs, relative to the arrest and custody of offenders against rules and regulations prescribed by said boards or any provisions of this act, and shall have authority to apprehend and arrest, and it To arrest without shall be the duty of such officer or appointee to arrest without warrant any person found violating any rules which shall have been made or prescribed by the respective board relative to trespasses upon property, good order, the preservation of property, or the mutilation or destruction or injury to property in any manner whatsoever. It shall be the duty of said officers or appointees to make complaint against offenders of any provision of this act, or the rules and regulations of their respective board, before any justice of the peace or police justice of the township or city, or any justice of the peace of the county within the limits of which the institution is located, and any justice of the peace, police justice or judge of the recorder's court, before whom complaint is made, is hereby authorized to take cognizance, hear, try, and determine such matters, and pass sentence upon offenders in accordance with law. To make complaint against offenders. Who may hear and determine such matters, pass sentence. When members of boards may make complaint. SEC. 4. The members of each of the above named boards and all other persons are also hereby given authority to make complaint, before such justice of the peace or police justice as is referred to in section three of this act, against any person or persons who it is believed has wilfully violated any law, rule or regulation pertaining to the property or building over |