to benefit of

of such notice to the said board of officers or agents said subcontractor shall also notify the principal contractor that he has done so, and whenever this shall have been done, the said When entitled subcontractor shall be entitled, subject to the rights of the security, etc. persons with whom he has contracted for labor and materials, to the benefit of the security given by the principal contractor, and to be subrogated to the liens of the persons who have performed labor or furnished materials for such building, repairs or ornamentation, whom he shall have actually paid, but the subcontractor and the persons who shall have performed labor or furnished materials to him shall not in the aggregate be entitled to receive larger sums than may be required from the principal contractor under his contract with the subcontrac tor, nor shall this act be construed to change in any way the contract which may have been made between the principal contractor and the subcontractor, except when such contract shall attempt to relieve the principal contractor as against the demands of those performing labor or furnishing materials to the subcontractor.

executed; sureties,

SEC. 3. Such bond shall be executed by such contractor to Bond, to whom the people of the State of Michigan in such amount and with by whom such sureties as shall be approved by the board of officers or approved, etc. agents acting on behalf of the State, county, city, village, township, or school district as aforesaid, and shall be conditioned for the payment by such contractor to any subcontractor or by any such contractor or subcontractor as the same may become due and payable of all indebtedness which may arise from said contractor to a subcontractor or party performing labor or furnishing materials, or any subcontractor to any person, firm or corporation on account of any labor performed or materials furnished in the erection, repairing or ornamentation of such building, improvement or works: Provided, however, That the principal contractor shall not be Proviso. required to make any payment to a subcontractor of sums due from the subcontractor to parties performing labor or furnishing materials, except upon the receipt or the written orders of such parties to pay the sums due to them to subcontractors. Such bond shall be deposited with and held by Where deposited. such board of officers or agents for the use of any party interested therein.

had on bond.

SEC. 4. Such bond may be prosecuted and a recovery had Recovery to be by any person, firm or corporation to whom any money shall be due and payable on account of having performed any labor or furnished any materials in the erection, repairing or ornamentation of any such building or works, in the name of the people of this State for the use and benefit of such person, firm or corporation: Provided, however, That in the case of a Proviso. suit for the benefit of a subcontractor, he shall be required to allege and prove that he has paid to all parties entitled thereto the full sums due to them for labor or materials contracted for by him: And provided further, That in no case Further proviso.

brought under the provisions of this act shall the people of this State be liable for costs.

Approved June 7, 1905.

Section amended.

Ownership and conveyance of real estate.

Service of process.

Proviso as to service of

process.

Repealing clause.

[No. 188.]

AN ACT to amend section ten of an act, entitled "An act authorizing the formation of partnership associations, in which the capital subscribed shall alone be responsible for the debts of the association, except under certain circumstances," approved May twenty-two, eighteen hundred seventy-seven; and to repeal all acts or parts of acts in conflict herewith.

The People of the State of Michigan enact:

SECTION 1. Section ten of an act, entitled "An act authorizing the formation of partnership associations, in which the capital subscribed shall alone be responsible for the debts of the association, except under certain circumstances," approved May twenty-two, eighteen hundred seventy-seven, being section six thousand eighty-eight of the Compiled Laws of this State of the year eighteen hundred ninety-seven, is hereby amended so as to read as follows:

SEC. 10. All real estate owned or purchased by any association, created under and by virtue of this act, shall be held and owned and conveyance thereof shall be made in the association name; said association shall sue and be sued in their association name; and when suit is brought against any such association, service of process and other papers in such suit prior to appearance therein by defendant, shall be made upon the chairman, secretary or treasurer thereof: Provided, If no such officer reside in the county where the principal office or place or business of such association is located, or no such officer be found in such county within five days after the commencement of such suit, service of such process and papers may be made upon such association by service thereof upon any clerk, agent or attorney thereof in its office or place of business named in its articles of incorporation, which service. shall be as complete and effective as if made upon each and every member of such association.

SEC. 2. All acts and parts of acts in conflict with this act are hereby repealed.

This act is ordered to take immediate effect.
Approved June 7, 1905.

[No. 189.]

AN ACT to regulate and define the rights of persons in running, rafting and booming of logs, timber, ties, posts or poles in the streams and rivers of the Upper Peninsula, in the State of Michigan.

The People of the State of Michigan enact:

logs, etc.

SECTION 1. It shall be lawful for any person or persons Regulating having logs, timber, ties, posts or poles in any stream in the boomage of Upper Peninsula navigable for such logs, timber, ties, posts or poles, to temporarily boom and assort such logs, timber, ties, posts or poles in said stream, and along the shores, and at the mouth thereof, and to secure the booms by means of piles driven in the stream, or by chains, ropes, timbers or traverse poles made fast at points along the shore: Provided, That Proviso. the driving and maintaining of said piles or holding of said logs, timber, ties, posts or poles aforesaid shall not interfere with the use of said stream by others for the purpose of floating similar products.

certain rivers, etc.

SEC. 2. Provided, That this act shall not apply to any Not to apply to rivers or waters now having organized boom companies doing business under charter or to Anna river in Alger county. This act is ordered to take immediate effect. Approved June 7, 1905.

[No. 190.]

AN ACT to amend section forty of act number one hundred eighty-three of the public acts of eighteen hundred ninetyseven, entitled "An act to provide for the appointment and to fix the term of office, duties and compensation of circuit court stenographers in the State of Michigan," being section four hundred two of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Section forty of act number one hundred eighty- Section three of the public acts of eighteen hundred ninety-seven, en- amended. titled "An act to provide for the appointment and to fix the term of office, duties and compensation of circuit court stenographers in the State of Michigan," being section four hundred two of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended so as to read as follows:

Twenty-seventh

circuit.

SEC. 40. In the twenty-seventh circuit, the stenographer shall be paid ten dollars per day for each day's attendance upon court, in the performance of his duties as such stenographer.

This act is ordered to take immediate effect.

Approved June 7, 1905.

Appropriation for dormitory

How expended.

To be incorporated in state tax.

[No. 191.]

AN ACT making an appropriation for the purpose of erecting
and equipping a dormitory at the Michigan Agricultural
College to replace the building formerly known as Wells
Hall recently destroyed by fire, and providing a tax there-
for.

The People of the State of Michigan enact:

SECTION 1. There is hereby appropriated from the general fund in the State treasury, not otherwise appropriated, the sum of fifty-five thousand dollars for the purpose of erecting and equipping a dormitory on the grounds of the Michigan Agricultural College, to replace a building formerly used as a dormitory, known as Wells Hall, and recently destroyed by fire.

SEC. 2. The moneys hereby appropriated by this act, or so much thereof as may be necessary, shall be expended under the direction of the State Board of Agriculture for the purpose aforesaid, and shall be drawn from the treasury on presentation of the proper certificate of said board to the Auditor General and on his warrants to the State Treasurer.

SEC. 3. The Auditor General shall add to and incorporate
in the State tax for the year nineteen hundred five the sum of
fifty-five thousand dollars, which sum when collected shall be
credited to the general fund, to reimburse it for the moneys
hereby appropriated.

This act is ordered to take immediate effect.
Approved June 7, 1905.

1

[No. 192.]

AN ACT to provide for screening the outlets of Sugar Loaf and Rawson lakes, in the township of Schoolcraft, Kalamazoo county, Michigan, and to prohibit fishing in said lakes in any manner, except with hook and line.

The People of the State of Michigan enact:

provide, etc.

SECTION 1. It shall be the duty of the State Game [and] Fish Screens, who to Warden to provide and maintain wire screens, of meshes one inch square, at the outlets of Sugar Loaf and Rawson lakes, in the township of Schoolcraft, Kalamazoo county, Michigan, for the purpose of preventing fish from passing out of said lakes, and for the propagation of fish therein. The expense Expense, how of construction and maintenance of such screens shall be certified by the State Game and Fish Warden and audited by the township board of the said township of Schoolcraft, and paid out of any money belonging to the general fund of said township not otherwise appropriated.

paid, etc.

except with

SEC. 2. It shall be unlawful for any person to take, catch Unlawful to fish, or kill any fish in said lakes of Sugar Loaf and Rawson, in hook and line. said township of Schoolcraft, Kalamazoo county, except dog fish, garfish and German carp, with a spear, net, grab hook, or by use of jacks or artificial light, or any kind of firearms, or explosive materials, set lines, or other device whatsoever, except the hook and line in the hand or in immediate control. SEC. 3. Any person destroying, injuring or removing any Penalty for of the screens provided for in section one of this act, or violating any of the provisions of section two of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not to exceed twenty-five dollars, and costs of prosecution, or imprisonment in the county jail not to exceed thirty days.

This act is ordered to take immediate effect.
Approved June 7, 1905.

violation of act.

[No. 193.]

AN ACT to protect fish and to regulate fishing in the waters of Branch county, by providing closed seasons for certain kinds of fish, by prohibiting the catching of fish in certain specified ways, by prohibiting the catching and killing in the waters of said county and to prohibit the sale of certain kinds of fish during certain specified seasons.

The People of the State of Michigan enact:

SECTION 1. It shall not be lawful for any person or persons Unlawful to fish to take, catch or kill, or attempt to take, catch or kill any hook and line.

except with