Unlawful to take, during certain months, [No. 165.] AN ACT to prohibit the spearing of fish through the ice during the months of December, January, February and March of each year in Houghton lake, Roscommon county. The People of the State of Michigan enact: SECTION 1. Hereafter it shall be unlawful to take, catch or kill, through the ice, by the use of a spear, during the months in Houghton lake. of December, January, February and March in each year, any fish in the waters of Houghton lake, Roscommon county, in this State. Misdemeanor what deemed. Penalty. SEC. 2. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed twentyfive dollars and costs of prosecution, or imprisonment in the county jail not to exceed thirty days, or by both such fine and imprisonment in the discretion of the court. Approved June 6, 1905. Lien upon get of stallion. Owner to post bills. [No. 166.] AN ACT for the protection of owners and keepers of stallions and to repeal act number two hundred eighty of the session laws of eighteen hundred eighty-seven, entitled "An act to protect the owners or keepers of stallions," and the acts amendatory thereof. The People of the State of Michigan enact: SECTION 1. The owner or keeper of any stallion shall have a lien upon the get of any such stallion in breeding thereof; such lien shall continue for the period of six months after the birth or foal of such get. SEC. 2. The owner or keeper of such stallion, in order to obtain and perfect such lien, shall post written or printed bills or posters in some conspicuous place on the premises where such stallion may be kept for service, and at all places where stands shall be made. for the service of such stallion; and in case of the service for stallion, such owner or keeper thereof shall post not less than three of such bills or posters What to contain. along the route that shall be traveled by said stallion; said bills or posters shall contain a full and correct statement of the age and breeding of such stallion, also a full and complete statement of price, terms and conditions under which such contract. service shall be rendered. Such bills or posters, when used as To constitute provided for in this section, shall constitute the contract between the owner of such dam and owner or keeper of such stallion under which such service was rendered: Provided, Proviso. however, That such lien shall not be valid as against subsequent purchases of such dam in good faith, unless such owner or keeper of such stallion shall file a notice of said lien, together with a true copy of said contract annexed thereto, also a description of the dam of the foal upon which this lien is claimed as to age and color, also such marks as he shall be able to give, in the office of the township clerk at the township where such dam was owned at the time of the rendition of such service and the birth or foal of the get of such stallion, as the case may be. SEC. 3. On the filing of such notice of lien, as provided in When lien to the preceding section, and paying to such township clerk his become absolute fees, which shall be the same as is now provided by law for the filing of chattel mortgages, said lien shall become absolute as against all subsequent purchases of said dam prior to the termination of such lien. enforced. SEC. 4. Such lien may be enforced by the owner or keeper Lien, how of such stallion, or by any person to whom such debt may be assigned, by seizure and sale of the foal mentioned in such lien or so much thereof as may be necessary to satisfy said debt, and also the reasonable expenses of such seizure and sale, returning the residue, if any, to the owner of such foal; such sale shall be at public auction or vendue after giving the same notice as is required by law for constables' sales: Provided, however, No action or seizure of said get shall be Proviso. had until after demand shall be made upon the owner of such dam for the payment thereof: And provided further, That no Further proviso. recovery can be had for the service of said stallion, where the owner or keeper thereof has wilfully or fraudulently misrepresented the breeding of such stallion. SEC. 5. Act number two hundred eighty of the session laws Act repealed. of eighteen hundred eighty-seven, entitled "An act to protect the owners and keepers of stallions," being compiler's sections number ten thousand seven hundred eighty-four, ten thousand seven hundred eighty-five, ten thousand seven hundred eighty-six and ten thousand seven hundred eighty-seven of the Compiled Laws of eighteen hundred ninety-seven and all acts amendatory thereof, is hereby repealed. Approved June 6, 1905. 30 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 Treasurer 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 Auditor 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. [No. 168.] Section amended. 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 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. The People of the State of Michigan enact: amended. 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 or her oath of office and bond, the same as provided in section one of this act, and the county clerk shall make the same report to the Superintendent of Public Instruction in all respects as provided in section one of this act: Provided, That Chippewa county in the county of Chippewa the commissioner of schools heretofore elected on the first Monday in April, nineteen hundred three, shall hold office until the first day of January, nineteen hundred nine, or until his successor shall be elected and qualified. Hereafter, in the said county of Chippewa, a commissioner of schools shall be elected at the general election to be held in November, nineteen hundred eight, and every fourth year thereafter, whose term of office shall commence on the first day of January next following his or her election. This act is ordered to take immediate effect. Approved June 6, 1905. 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 |