Appropriation. How used. How paid. To be incorporated in state tax. [No. 167.] AN ACT to make appropriations for buildings and permanent improvements for the Upper Peninsula Experiment Station for the fiscal years ending June thirty, nineteen hundred six, and June thirty, nineteen hundred seven. The People of the State of Michigan enact: SECTION 1. There is hereby appropriated for the fiscal year ending June thirty, nineteen hundred six, the sum of five thousand dollars, and for the fiscal year ending June thirty, nineteen hundred seven, the sum of four thousand dollars, for the building of a dwelling house, a barn, sheds, and for the purchase of horses and other live stock, for the draining and clearing of lands, and for other permanent improvements and equipment at the Upper Peninsula Experimental Station at Chatham, Alger county. SEC. 2. The several sums appropriated by the provisions of this act shall be paid out of the State Treasury to the Treas urer of the Michigan Agricultural College at such times and in such amounts as the general accounting laws of the State prescribe, and the disbursing officer shall render his account to the Audifor General thereunder. SEC. 3. The Auditor General shall incorporate in the State tax for the year nineteen hundred five the sum of five thousand dollars, and for the year nineteen hundred six the sum of four 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. Section amended. [No. 168.] AN ACT to amend section two of chapter one hundred forty of the revised statutes of eighteen hundred forty-six, entitled "Of the limitations of personal actions," the same being compiler's section number nine thousand seven hundred twenty-nine of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section two of chapter one hundred forty of the revised statutes of eighteen hundred forty-six, entitled "Of the limitations of personal actions," the same being compiler's section number nine thousand seven hundred twenty-nine of the Compiled Laws of eighteen hundred ninetyseven, is hereby amended so as to read as follows: trespass, etc., SEC. 2. All actions for trespass upon lands, or for assault Actions for and battery, or for false imprisonment, and all actions for when commenced. slanderous words and for libels, and all actions against physicians, surgeons and dentists for malpractice shall be commenced within two years next after the cause of action shall accrue and not afterwards: Provided, This act shall not Proviso. apply to or in any manner affect existing causes of action for malpractice. Approved June 6, 1905. [No. 169.] AN ACT to amend section two of act number one hundred forty-seven of the public acts of eighteen hundred ninetyone, entitled "An act to provide for the election of a county commissioner of schools, for the appointment of school examiners, and to define the duties and fix the compensation for the same, and to repeal all existing acts or parts of acts conflicting with the provisions of this act," the same being section four thousand eight hundred nine of the Compiled Laws of eighteen hundred ninety-seven, as amended by act number thirty-five of the public acts of nineteen hundred one. 1 amended. The People of the State of Michigan enact: SECTION 1. Section two of act number one hundred forty- Section seven of the public acts of eighteen hundred ninety-one, being "An act to provide for the election of a county commissioner of schools, for the appointment of school examiners, and to define the duties and fix the compensation for the same, and to repeal all existing acts or parts of acts conflicting with the provisions of this act," the same being section four thousand eight hundred nine of the Compiled Laws of eighteen hundred ninety-seven, as amended by act number thirty-five of the public acts of nineteen hundred one, is hereby amended to read as follows: SEC. 2. There shall be elected at the election held on the Commissioner of schools, when first Monday in April, nineteen hundred three, and every elected, term, etc. fourth year thereafter, in each county, one commissioner of schools, whose term of office shall commence on the first day of July, next following his or her election, and who shall continue in office four years, or until his or her successor shall be elected and qualified. The county commissioner of schools To file oath and elected under the provisions of this section shall file with the bond. Duties of county clerk. Proviso, as to county clerk, for the county for which he or she is elected, his Board to issue license. Application, what to state, etc. [No. 170.] AN ACT to authorize and regulate the possession, use, transportation and sale of brook trout and rainbow trout by persons engaged in the business of propagating and rearing such fish, and by persons who purchase fish so reared, and to provide for licensing persons engaged in such business, or either branch of the same. The People of the State of Michigan enact: SECTION 1. The State Board of Fish Commissioners shall issue a license to any person, partnership or corporation who is the owner or lessee or lawfully in control of any private waters, when engaged in the business of propagating brook trout or rainbow trout for sale; also to any person, partnership or corporation engaged in the business of selling brook trout or rainbow trout propagated in such private waters or purchased from a person, partnership or corporation licensed as aforesaid. The application shall be acted upon by said board within ten days after the same shall be filed with its secretary. SEC. 2. Before any such license is issued, a written application therefor shall be filed in the office of said board by the person, partnership or corporation desiring such license. The application shall state the full name and post office address of the applicant, with a description of the premises where such business is to be conducted, a description and the location of the building where trout are to be hatched and where trout are to be sold and whether such trout are to be violation. sold for consumption, or alive, for stocking other waters, or for both such purposes, etc. Such applicant shall also, at To file bond. the time of filing such application, file with the secretary of said board a bond in the penal sum of five hundred dollars, with at least two responsible sureties, payable to the people of this State, which shall be aproved by the circuit judge of the circuit in which said applicant resides; which bond shall Conditions of. be conditioned that the licensee shall keep, obey and perform all of the terms, conditions and requirements of this act; and if said licensee shall fail to keep, perform or obey any of the terms, conditions or requirements of this act, the makers of said bond shall be liable to pay the sum of fifty dollars as Penalty for liquidated damages and full costs of suit for each and every violation of this act. Said board may maintain suits Board may sue. for the recovery thereof in the circuit court for the proper county, and said bond shall remain as a continuing security for payment in case of any further breach of the conditions of said bond. The license shall be attested by the cor- License not porate seal of said board and signed by the president and secretary, and shall not be transferable. No person, partnership or corporation shall sell any brook trout or rainbow trout propagated or reared in any private waters or engage in the business of selling such fish unless a license to sell the same shall have been issued by said board, as aforesaid, nor unless such license remains uncancelled and in force. transferable. not to be sold. SEC. 3. No such fish shall be sold or transported of a size Under-size fish less than seven inches in length, nor during the open season as fixed by present or future laws of this State, except when such fish are sold and transported alive for the purpose of stocking other waters within or without this State: Provided, Proviso. That such fish may be sold and transported within the State during the closed season for wild trout and may be sold or transported out of the State at any time under the provisions of this act and not otherwise. SEC. 4. No person shall sell or ship or cause to be sold or Shipment of, shipped or transported, and no person or corporation shall by bill of lading. transport any such brook trout or rainbow trout, unless there shall be made, in duplicate, a bill of lading describing such shipments, signed by the carrier, or his or its agent, showing what to show. the true date of such shipment, and to which shall be attached Invoice attached. a true invoice or bill of sale of such fish, which shall set forth approximately the number and the true aggregate weight of the fish sold, the name and residence of the seller, shipper or consignor, and of the purchaser or consignee, nor unless the package containing such fish shall be plainly marked with the Package plainly name and address of the consignee, the name of the shipper, and that it contains brook trout or rainbow trout. package shall contain no other kind of fish whatever. The Shipper, duty of. seller or shipper of such trout shall, within twenty-four hours after the sale or shipment is made as aforesaid, forward one copy of such bill of lading and invoice to the State Game Said marked. Copy of bill of lading, where forwarded. When may sell at retail, etc. To exhibit invoice. Misdemeanor, what deemed. Penalty. Warden, by mail, at such place as he shall direct, or deliver the same to him in person, and the other copy to the consignee; and within six days after the receipt of such fish, if sold to a purchaser residing in this State, such purchaser or consignee shall forward the said copy of bill of lading and invoice to the State Game Warden by mail at such place as he shall direct, or deliver the same to him in person, together with a true statement showing whether or not said fish described therein have been sold or what other disposition has been made of the same. SEC. 5. No licensee shall sell at retail within this State any brook trout or rainbow trout, propagated and raised at private hatcheries, as herein provided, except at a regular place of business which is known to the public; nor unless at such place of business there shall be kept posted up in a conspicuous place, so that it may be easily read, a sign or notice, which shall contain the following words: "Brook Trout Sold Here;" nor shall such person sell such fish without having in his possession the invoice of such fish herein required to be made. Every person having such brook trout or rainbow trout for sale shall exhibit the invoice thereof whenever so requested by any one purchasing such fish, or by any person authorized to request it by the State Board of Fish Commissioners, or by the State Game and Fish Warden. No trout shall be sold under an invoice more than seven days old. SEC. 6. Any person, or persons, or corporation who shall ship, transport or sell brook trout or rainbow trout contrary to the provisions of this act shall be deemed guilty of a misdemeanor, and each sale shall be deemed a separate offense; and upon conviction thereof shall be punished by a fine of not less than ten dollars nor more than fifty dollars, or by imRecovery by suit. prisonment in the county jail not exceeding thirty days. Any fine imposed on a corporation convicted of violating any of the provisions of this act may be recovered in the name of the people of the State of Michigan in a suit at law in the circuit court for the county where such offense is committed and a recovery shall carry with it full costs of suit. A licensee under this act shall be punished by the enforcement of the terms and conditions of the bond, as provided for in section two of this act; and the State Board of Fish Commissioners may, upon the third conviction by the circuit court of any licensee of violating the terms and conditions of his bond or of this act, revoke his or its license, and the same thereupon shall be of no effect. Revocation of license. Approved June 6, 1905. |