ment thereof may be enforced by action of debt or assumpsit in the name of such corporation: Provided, That in case any Proviso. of said stockholders after being notified as above provided shall neglect and refuse to pay said assessment after thirty days from and after the expiration of the time in which the same should be paid, said stockholder shall forfeit all rights he may have in such cemetery corporation excepting the right to keep in repair and protect the graves of all persons buried upon the lot of such stockholder prior to the time when such forfeiture takes place. Approved June 1, 1899. [No. 217.] AN ACT to amend section one of act number one hundred forty-five of the public acts of eighteen hundred eighty-seven, entitled "An act to regulate the use of Steam Engines, Steam Wagons or other Vehicles, which are in whole or in part operated by steam, on the public highways of this State, and to prohibit the blowing of Steam Whistles upon the public highways of this State," being section five thousand five hundred forty-three of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: amended. SECTION 1. That section one of act number one hundred Section forty-five of the public acts of eighteen hundred eighty-seven, entitled "An act to regulate the use of steam engines, steam wagons or other vehicles, which are in whole or in part operated by steam, on the public highways of this State, and to prohibit the blowing of steam whistles upon the public highways of this State," being section five thousand five hundred forty-three of the compiled laws of eighteen hundred ninetyseven, be and the same is hereby amended so as to read as follows: allow steam bridge. SECTION 1. That it shall be unlawful for any person, com Unlawful to pany or corporation owning or controlling any carriage, vehi- vehicle to cle, traction or other engine propelled by steam, by themselves, stand on their servant, agent or employe, to allow the same to stand upon any bridge or culvert in any highway for taking a supply of water, or other purpose; and it shall also be unlawful to permit or use the same to pass over, through or upon any public highway, road or street, unless such owner, owners, agent, servant or employe shall send before the same a person of mature age, at least ten rods and not more than forty moving. rods in advance (except that in incorporated cities and villages such person shall be not less than four rods and not more Owner, etc., to send person in advance when etc., on the approach of persons with horses, etc. than ten rods in advance), to notify and warn persons traveling or using said highway, road or street with horses or other domestic animals, of the approach of such carriage, vehicle or Duty of owner, engine. And upon the approach of any person or persons with horse or horses, or other domestic animals, from behind or in front, said owner or owners, agent, servant or employe of such steam vehicle, carriage or engine having the same in charge, shall cause the same to be stopped and the steam of such engine to be immediately shut off, and to render such assistance as will enable such team or teams of horses, or other domestic animals to pass in safety; and at night such person shall carry a red light; and such person shall carry and use plank sufficient to plank all cross-walks. Approved June 1, 1899. Sections amended. Proceedings under levy when home stead has not been defined. [No. 218.] AN ACT to amend sections three and four of act number one hundred nine of the session laws of eighteen hundred fortyeight, entitled "An act to exempt a Homestead from Forced Sale in certain cases," as amended, being sections seven thousand seven hundred twenty-three and seven thousand seven hundred twenty-four of Howell's Annotated Statutes and sections ten thousand three hundred sixty-four and ten thou sand three hundred sixty-five of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. That sections three and four of act number one hundred nine of the session laws of eighteen hundred fortyeight, entitled "An act to exempt a homestead from forced sale in certain cases," as amended, being sections seven thousand seven hundred twenty-three and seven thousand seven hundred twenty-four of Howell's Annotated Statutes of the State of Michigan, and sections ten thousand three hundred sixty-four and ten thousand three hundred sixty-five of the Compiled Laws of eighteen hundred ninety-seven, be and the same are hereby amended so that said sections will read as follows: SEC. 3. Whenever a levy shall be made upon or any circuit court commissioner shall advertise for sale under any decree upon the foreclosure of any mortgage not valid as against a homestead, and so stated in such decree, the lands and tenements of a householder whose homestead has not been platted and set apart by metes and bounds, such householder shall notify the officer at the time of making such levy or at the time of such advertising for sale what he regards as his homestead, with a description thereof, within the limits above pre fy officer what scribed, and the remainder alone shall be subject to sale under such levy or decree. If at the time of such levy or advertising Failure to notifor sale such householder shall fail or neglect to notify the of he regards as ficer making the levy or advertising such property for sale his homestead. what he regards as his homestead with a description thereof, the officer making the levy or advertising such property for sale shall call upon such householder to make his selection of a homestead out of said land, describing the same minutely. If after such notice the owner of the land shall fail to select When officer may select his homestead, such officer may select a homestead out of said homestead. land for him, and the remainder over and above that part selected by the officer or by the owner of the land, as the case may be, alone shall be subject to sale under such levy or decree: Provided, That in making this selection of a homestead out of Proviso. the lands levied upon or advertised for sale, if such selection is made by the officer making the levy or advertising for sale, he shall select lands in compact form, which lands so selected by him as the homestead of the owner shall include the dwelling-house and its appurtenances thereon. in making levy cases. SEC. 4. If the plaintiff in execution or complainant in said Duty of officer decree shall be dissatisfied with the quantity of land selected in certain and set apart as aforesaid either by the owner of the land or by the officer making the levy or advertising the land for sale, he shall cause the same to be surveyed, beginning at a point to be designated by the owner or by the officer making the levy or advertising for sale, and set off land in compact form including the dwelling-house and its appurtenances, to the amount specified in the first section of this act; and the expense of such sur- Expense of vey shall be chargeable on the execution or decree and collected thereupon. Approved June 1, 1899. survey. [No. 219.] AN ACT to provide for the issue of executions at the same time to Sheriffs of different counties, and for the enforcement of the same therein, whether against the property or against the body of any person, for the collection of Judgments and Decrees of Courts of Record in this State. The People of the State of Michigan enact: how may be SECTION 1. That executions, whether against the property Executions, of any person, or against the body of any person, for the collec- issued. tion of judgments and decrees of courts of record in this State, may be issued at the same time to sheriffs of different counties and enforced therein by them, but no execution against the body of any person shall issue, while there is an execution Idem. Acts repealed. against his property not returned, nor shall an execution against the property of any person be issued while there is an execution against his body unreturned, unless by order of the court rendering such judgment or decree. SEC. 2. In case of levies made on more than one of such executions provided for in the foregoing section, sale shall only be made on one execution at a time and under direction of the plaintiff's attorney or complainant's solicitor, as the case may be. And no more sales of the property shall be made than is necessary to satisfy such judgment or decree. SEC. All acts or parts of acts contrary to the provisions of this act are hereby repealed. Approved June 1, 1899. Sections amended. Duty of highway commissioners relative to returns. [No. 220.] AN ACT to amend sections five, eight and twelve, of chapter twenty-nine of Howell's Annotated Statutes, being compiler's sections fourteen hundred and sixteen and fourteen hundred and twenty-three of Howell's Annotated Statutes, being sections four thousand one hundred and seventy-one and four thousand one hundred and seventy-four of the compiled laws of eighteen hundred ninety-seven, relative to highways, bridges, private roads and ferries. The People of the State of Michigan enact: SECTION 1. That sections five, eight and twelve of chapter twenty-nine of Howell's Annotated Statutes, being compiler's sections fourteen hundred and sixteen and fourteen hundred and twenty-three of Howell's Annotated Statutes, being sections four thousand one hundred and seventy-one and four thousand one hundred and seventy-four of the compiled laws of eighteen hundred ninety-seven, be and the same are hereby amended so as to read as follows: SEC. 5. The commissioner shall between the first and fifteenth days of November in each year call upon each overseer of his township for the purpose of procuring the returns mentioned in section twelve of this chapter, and shall, on or be fore the twentieth day of November, deposit the returns mentioned in the sixth subdivision of said section with the supervisor of his township, whose duty it shall be to cause the amount of all arrearages of labor, estmating the same at one dollar for each day, to be levied on any lands or other property returned as by said sixth subdivision, and to be collected in the same manner that the contingent charges of the township are collected, and the same, when collected, shall be paid into the township treasury and credited to the district in which the same accrued. troy noxious etc. SEC. 8. Every overseer shall cause the noxious weeds within Overseer to desthe limits of the highways within his district to be cut down weeds, remove and destroyed twice in each year, once before the first day of loose stones, July, and again before the first day of September, and the requisite labor shall be considered highway work; and once in every month, from the first day of April to the first day of December, shall cause all the loose stones lying on the beaten track of every road within his district to be removed. No overseer shall cause the road bed of any highway to be plowed up later than August fifteenth. Any overseer who shall refuse or neglect to perform the duties required by this section shall be liable to a penalty of twenty-five dollars. ten account, SEC. 12. Every overseer shall, between the first and fifteenth To render writ days of November in each year, render to the commissioner what contain. an account in writing, verified by oath, to be administered by the commissioner or some other person competent to administer oaths, and containing: First, The names of all persons assessed to work on the highways in his district; Second, The names of all those who have actually worked on the highways, with the number of days they have worked; Third, The names of all those against whom judgments have been recovered by virtue of this act, and the sums so recov ered; Fourth, The names of all those who have commuted, and the amounts paid by them, and the manner in which the moneys arising from judgments and commutation have been expended by him; Fifth, A list of all the non-resident lands in his district upon which labor has been performed or commuted for; Sixth. A separate list, to be verified in like manner, of all the lands of non-residents and of persons unknown which are taxed upon his list, on which the labor assessed has not been paid, and the amount unpaid; also a list of all lands and personal property assessed as resident for which the owner or occupant shall not have commuted or shall have refused or neglected to work after being notified; and containing a further statement that he has given the notice required by section three of chapter three of this act and that the labor assessed upon the lands and personal property so returned has not been performed and remains unpaid, and the amount unpaid. Approved June 1, 1899. |