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Proviso, agreement to be in writing.

of his guest: Provided, Said undertaking and agreement shall be in writing, stating the kind of personal property received and the value thereof, the kind and extent of the liability of said innkeeper, which said agreement shall be Further proviso. signed by said guests and said innkeeper or his clerk: And provided further, That nothing contained in this section shall preclude any remedy now existing for the enforcement of the hotel keeper's or innkeeper's lien.

[blocks in formation]

SEC. 2. No innkeeper, whether individual, partnership or corporation, who constantly has in his inn a metal safe or suitable vault in good order, and fit for the custody of money, bank notes, jewelry, articles of gold and silver manufacture, precious stones, personal ornaments, railroad mileage books or tickets, negotiable or valuable papers and bullion, and who keeps on the doors of the sleeping rooms used by his guests suitable locks and bolts, and on the transoms and windows of said rooms suitable fastenings, and who keeps a copy of this section printed in distinct type constantly and conspicuously suspended in the office and in the ladies' parlor or sitting room, bar-room, wash-room and in five other conspicuous places in said inn, or in not less than ten conspicuous places in all in said inn, shall be liable for the loss of or injury to any such property belonging to any guest, unless such guest has offered to deliver the same to such innkeeper for custody in such metal safe or vault, and such innkeeper has refused or omitted to take it and deposit it in such safe or vault for custody, and to give such guest a receipt therefor: Provided, however, That the keeper of any inn shall not be obliged to receive from any one guest for deposit in such safe or vault any property hereinbefore described exceeding a total value of two hundred fifty dollars, except under special agreement as hereinbefore provided, and shall not be liable for any excess of such property whether received or not, but every innkeeper shall be liable for any loss of the above enumerated articles of a guest in his inn, caused by the theft or negligence of the innkeeper or any of his servants.

SEC. 3. Act number two hundred twenty-seven of the public acts of eighteen hundred ninety-seven; act number fifteen of the public acts of eighteen hundred seventy-five, and all other acts or parts of acts in any manner contravening the provisions of this act are hereby expressly repealed. This act is ordered to take immediate effect. Approved April 5, 1905.

[No. 43.]

AN ACT to amend section four of act number one hundred forty-nine of the public acts of eighteen hundred ninetyfive, entitled "An act to provide for the election of a board of county canvassers, to prescribe the term of office and the powers and duties thereof," as amended by act number one hundred twenty-five of the public acts of eighteen hundred ninety-seven, and act number two hundred twentyfour of the public acts of eighteen hundred ninety-nine, and act sixty-seven of the public acts of nineteen hundred one; the same being section three thousand six hundred sixtyfive of the Compiled Laws of eighteen hundred ninety

seven.

The People of the State of Michigan enact:

SECTION 1. That section four of act number one hundred Section amended. forty-nine of the public acts of eighteen hundred ninety-five, entitled "An act to provide for the election of a board of county canvassers, to prescribe the term of office and the powers and duties thereof," as amended by act number one hundred twenty-five of the public acts of eighteen hundred ninety-seven, and act number two hundred twenty-four of the public acts of eighteen hundred ninety-nine, and act number sixty-seven of the public acts of nineteen hundred one, being section three thousand six hundred sixty-five of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows:

canvass returns.

SEC. 4. The said board shall then proceed without delay Board of county to canvass the return of votes cast for all candidates for canvassers to office voted for and all other questions voted on at said election, according to the returns filed in the office of the county clerk by the several boards of election inspectors of the various voting precincts in the county, and the returns or tally sheets filed with the board of canvassers by the central counting board in counties where a central counting board is provided for counting the ballots cast in said county or any part thereof in lieu of their being counted by the election inspectors of the voting districts. If it shall be found, upon May adjourn. the convening of said board of canvassers that the returns from any of the boards of election inspectors of the several election districts, or the returns of such central counting board are missing, incomplete, or incorrect, or for any other reason it is found necessary, then said board of county canvassers shall have power to adjourn from day to day until said returns shall have been procured or corrected. Said board of canvassers are hereby empowered to summon the May summon to person or persons having the boxes containing the ballots having charge of cast at such election and the keys and seals of said boxes, boxes, etc. or having such returns or the poll books or tally sheets

appear, persons

etc.

May summon inspectors to

appear and make correct returns, etc.

used and made at such elections, to bring said boxes, keys, seals, returns, poll books and tally sheets before said board May open boxes, and said board of canvassers are authorized to open said boxes and take therefrom any books or papers bearing upon the count and return of the election inspectors of such election districts or the returns of such central counting board, but they shall not remove or mark the ballots therein. Said board of canvassers may summon such election inspectors, or central counting board, before them, and require them to make correct returns in case, in its judgment, after examining such returns, poll books or tally sheets, the returns already made are incorrect or incomplete, and they shall When boxes and canvass the votes from the corrected returns. When the examination of such papers is completed the same shall be returned to the ballot boxes or delivered to the persons entitled by law to the same, and the boxes shall be locked and sealed and delivered to the legal custodians thereof. When To prepare state- said canvass shall have been finished, the said board of county canvassers shall prepare a statement setting forth their findings in the premises, and giving in detail the number of ballots cast for each candidate and the result of the votes cast on all other questions voted on at said election. They shall certify thereto, under their hands, and the seal When to declare of the circuit court of the county. It shall also be the duty result for county of said board to declare the result of the election for county

papers to be returned.

ment of result.

How certified.

officers, legislature, etc.

Result, how published.

officers and members of the legislature, when the county
alone constitutes one or more senatorial or representative
districts, and to publish said result and a statement of votes
cast, within thirty days after said election is held, in at
least two newspapers printed and circulating in said county.
This act is ordered to take immediate effect.
Approved April 6, 1905.

Unlawful to take in certain waters until 1910.

[No. 44.]

AN ACT to prohibit the taking, catching, or destruction of brook trout and other fish in Piper and Dorance creeks and tributaries thereof, on sections five, seven, eight, twenty-nine, thirty and thirty-one, Shelby township, and sections twelve, twenty-five, thirty-five and thirty-six, Binona township, in Oceana county, Michigan, for a period of five years from the first day of May, nineteen hundred five.

The People of the State of Michigan enact:

SECTION 1. It shall not be lawful for any person or persons to take, catch or kill, or attempt to take, catch or kill,` any brook trout or other fish in Piper and Dorance creeks or tributaries thereof on sections five, seven, eight, twenty

nine, thirty and thirty-one, Shelby township, and sections twelve, twenty-five, thirty-five and thirty-six, Binona township, in Oceana county, Michigan, for a period of five years from the first day of May, nineteen hundred five.

evidence of guilt.

SEC. 2. Any person who shall be seen along the banks Prima facie of any of the waters mentioned in section one, or in any of said waters, with hook and line, or any other fishing device, in his possession, shall be deemed prima facie guilty of attempting to catch fish in said waters.

violation.

SEC. 3. Any person who shall violate any provisions of Penalty for this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding ten dollars, together with costs of prosecution, and in default of payment of such fine and costs shall be imprisoned in the county jail for a period not exceeding twenty days. This act is ordered to take immediate effect. Approved April 6, 1905.

[No. 45.]

AN ACT making an appropriation for the State Public School for the fiscal year ending June thirty, nineteen hundred six, to meet a deficiency in the current expense appropriation for said school for the fiscal year ending June thirty, nineteen hundred four, and to provide a tax for the same.

The People of the State of Michigan enact:

Appropriation for

SECTION 1. The sum of two thousand sixty-four dollars and fifty-three cents is hereby appropriated for the State excess expenses. Public School, for the fiscal year ending June thirty, nineteen hundred six, to meet expenditures for its current expenses which were in excess of the amount appropriated by section one, act sixty-four of the public acts of nineteen hundred three, for current expenses for the fiscal year ending June thirty, nineteen hundred four.

SEC. 2. The sum appropriated by section one of this act How paid. shall be paid out of the general fund in the State treasury to the treasurer of the State Public School, upon the presentation to the Auditor General of a requisition from the board of control of said school, certifying that this amount is needed for immediate use for the payment of current expense bills incurred for the fiscal year ending June thirty, nineteen hundred four; and when by the terms of section where amount to one of this act this appropriation becomes available, the be charged.

Auditor General shall charge to said appropriation the

amount thus advanced, the accounting in all respects to be governed by the general accounting laws of the State.

Auditor general

to incorporate in State tax.

SEC. 3. The Auditor General shall incorporate in the State tax for the year nineteen hundred five the sum of two thousand sixty-four dollars and fifty-three cents, 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. Approved April 6, 1905.

Section amended.

Board of super

vacate, etc., town

ships.

[No. 46.]

AN ACT to amend section fourteen of chapter eighty-five of act number one hundred fifty-six of the public acts of eighteen hundred fifty-one, approved April eight, eighteen hundred fifty-one, the same as amended being section number two thousand four hundred eighty-seven of the Compiled Laws of eighteen hundred ninety-seven, entitled "An act to define the powers and duties of the boards of supervisors of the several counties, and to confer upon them certain local, administrative and legislative powers."

The People of the State of Michigan enact:

SECTION 1. Section fourteen of chapter eighty-five of act number one hundred fifty-six of the public acts of eighteen hundred fifty-one, approved April eight, eighteen hundred fifty-one, the same as amended being section number two thousand four hundred eighty-seven of the Compiled Laws of eighteen hundred ninety-seven, entitled "An act to define the powers and duties of the boards of supervisors of the several counties, and to confer upon them certain local, administrative and legislative powers," is hereby amended to read as follows:

SEC. 14. The boards of supervisors of the several counties visors may alter, of this State shall have power, within their respective counties, and all territory attached thereto, by a vote of twothirds of all the members elected to said board, to vacate, divide or alter in its bounds any township, or erect a new township, upon application to the board, as hereinafter provided, of at least twelve freeholders of each of the townships to be affected by the division, and upon being furnished with a map of all the townships to be affected by the division, Statement of ac- showing the proposed alterations; and if the application tion of supervisors, shall be granted, a copy of said map, with a certified statement of the action of said board thereunto annexed, shall be filed in the office of the clerk of such county; and a certified statement of the action of said board shall also be filed Secretary of State in the office of the Secretary of State; and it shall be the duty of the Secretary of State to cause the same to be pub

where filed.

to publish.

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