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viction thereof in any court of competent jurisdiction, be fined Penalty. not less than ten dollars nor more than fifty dollars, or imprisoned in the county jail not less than ten days nor more than thirty days, or both such fine and imprisonment, in the discretion of the court.

Approved May 10, 1899.

[No. 196.]

AN ACT to amend section three of act number one hundred fifty-one of the public acts of eighteen hundred ninety-seven, entitled "An act to regulate the catching of Fish in the waters of this State by the use of pound or trap nets, gill nets, seines or other apparatus," being section five thousand eight hundred forty-six of the compiled laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

amended.

lifting nets.

SECTION 1. That section three of act number one hundred Section fifty-one of the public acts of eighteen hundred ninety-seven, entitled "An act to regulate the catching of fish in the waters of this State, by the use of pound or trap nets, gill nets, seines or other apparatus," being section five thousand eight hundred forty-six of the compiled laws of eighteen hundred ninety-seven be and the same is hereby amended so as to read as follows: SEC. 3. It shall be unlawful for any person to fish with any Close season, for fishing kind of net whatever in the waters of this State from the with nets. thirtieth day of October to the fifteenth day of December: Provided, That if by stress of weather any person engaged in Proviso as to fishing in the waters of this State shall be unable to lift his nets during the last days of the open season, it shall be lawful for such person to lift said nets within three days after the close of the open season in any year, except in that portion of Lake Erie bordering on Monroe county, in which the close Close season, season shall be from November fifteenth to December first: waters borderProvided however, Two and one fourth inch mesh in pots for ing Monroe the purpose of catching herring and other rough fish in any Proviso as to vicinity where it will not interfere with or catch immature fish. whitefish or lake trout, may be used from April first to July fifteenth and from September first to December fifteenth except as provided by section four of act number sixtythree of the public acts of eighteen hundred eighty-five, being an act entitled "An act to establish a State Board of Fish Commis

in certain

county.

catching rough

sioners, and to repeal act number one hundred twenty-four,
session laws of eighteen hundred seventy-three, act number
seventy-one, session laws of eighteen hundred seventy-five and
act number three, session laws of eighteen hundred eighty-
two," approved April twenty-eighth, eighteen hundred eighty-
five.
Approved May 10, 1899.

Abstract books, etc., subject to sale on execu

tion.

[No. 197.]

AN ACT to provide for the Levy and Sale upon Execution of certain property.

The People of the State of Michigan enact:

SECTION 1. That from and after the passage of this act, all abstract books, maps, plats, charts and other records owned or kept by any person, co-partnership or corporation for the purpose of furnishing abstracts or information concerning the title to lands in this State shall be liable to seizure and sale on execution in like manner as other personal property. Approved May 10, 1899.

Section amended.

Oath of inspectors, etc., who to administer.

[No. 198.]

AN ACT to amend section two of act number three hundred three of the public acts of eighteen hundred eighty-seven, entitled "An act to protect Primary Elections and Conventions of Political Parties and to Punish Offenses committed thereat," the same being section nine thousand three hundred eighty-six b of Howell's Annotated Statutes of the State of Michigan.

The People of the State of Michigan enact:

SECTION 1. That section two of act number three hundred three of the public acts of eighteen hundred eighty-seven, entitled "An act to protect primary elections and conventions of political parties and to punish offenses committed thereat," the same being section nine thousand three hundred eightysix b of Howell's Annotated Statutes of the State of Michigan, be and the same is hereby amended so as to read as follows:

SEC. 2. The presiding officer and inspectors at any such election shall, before entering upon their duties, severally sign and swear to an oath in the form now required of inspectors at general elections, said oath to be taken before the clerk of

voters.

ister oath.

the township, village or city in which such election is held, or an alderman of the ward in which said election is held, or any notary public, or any other person qualified under the State to administer an oath. The vote or ballot of any person offered Challenge of at such election shall, upon challenge by any lawful voter thereat, be rejected, unless he be sworn as to his qualifications as such voter; and the presiding officer or any inspector of Who to adminsuch primary is hereby empowered, and it shall be his duty, to administer an oath to such person and to any other persons offering to vote, as he may deem advisable, to the effect that he will true answers make to such questions as shall be put to him touching his qualifications as a voter and his right to vote. He may then be examined as to such qualifications and When vote to right to vote. If he shall swear to the necessary qualifications of a voter, as prescribed by the regulations of the association or political organization holding the primary or convention, his vote shall be received. If the person so sworn and ex- Penalty for false swearing. amined shall intentionally swear falsely as to his qualifications as a voter he shall be deemed guilty of perjury, and shall on conviction, be punished as now prescribed by law for the crime of perjury.

Approved May 10, 1899.

be received.

[No. 199.]

AN ACT regulating the practice in Courts held by Justices of the Peace in suits brought against two or more defendants.

The People of the State of Michigan enact:

two or more

SECTION 1. That when an action is brought in justice court Action against against two or more defendants, the plaintiff shall, at any time defendants. before the final submission of the case, be allowed to discontinue as against any of the defendants upon payment of costs to them, as in case of non-suit and upon such other terms as the justice before whom the cause is pending shall direct. And the plaintiff may thereupon amend his declaration and Plaintiff may proceed against the other defendant or defendants in like man- declaration. ner as if the action had originally been brought against them alone. But in case an action is brought against two or more defendants, the plaintiff shall not be required to discontinue

amend

as to any of them, but the jury shall show by their verdict, or Jury to show the justice by his finding, in a trial by the justice without a who liable. jury, which of them are and which are not liable to the plaintiff, and judgment shall be given accordingly.

Approved May 10, 1899.

Sections amended.

Power of court

to decree sale of mortgaged premises.

Proviso.

Form of deeds
executed
on sale of
property.

[No. 200.]

AN ACT to amend sections one hundred eleven and one hundred eighteen of chapter ninety of the revised statutes of eighteen hundred forty-six, relative to process and proceedings of Circuit Courts in Chancery upon bills for foreclosure or satisfaction of mortgages, being sections six thousand seven hundred one and six thousand seven hundred eight of Howell's Annotated Statutes, and being compiler's sections five hundred sixteen and five hundred twenty-three of the Compiled Laws for the year eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. That sections one hundred eleven and one hundred eighteen of chapter ninety of the revised statutes of eighteen hundred forty-six, relative to process and proceedings of circuit courts in chancery upon bills for foreclosure or satisfaction of mortgages, being sections six thousand seven hundred one and six thousand seven hundred eight of Howell's annotated statutes, and being compiler's sections five hundred sixteen and five hundred twenty-three of the compiled laws for the year eighteen hundred ninety-seven, be and the same are hereby amended to read as follows:

SEC. 111. Whenever a bill shall be filed for the foreclosure or satisfaction of a mortgage, the court shall have power to decree a sale of the mortgaged premises, or such part thereof as may be sufficient to discharge the amount due on the mortgage, and the costs of suit; but the circuit judge shall not, by such decree, order any lands to be sold within six months after the filing of the bill of foreclosure: Provided, That if the mortgagor, his heirs, executors, administrators or any person lawfully claiming from or under him or them shall, within six months from the time of such sale, redeem the entire premises sold, by paying to the purchaser, his executors, administrators or assigns, or to the register of deeds in whose office such deed is deposited as provided by section one hundred eighteen, for the benefit of such purchaser, the sum which was bid therefor, with interest from the time of the sale at the rate per cent borne by the mortgage, not exceeding eight per cent per annum, and in case such payment is made to the register of deeds, the sum of one dollar as a fee for the care and custody of such redemption money, then such deed shall be void. and of no effect, but in case any distinct lot or parcel separately sold shall be redeemed, leaving a portion of the premises unredeemed, then such deed shall be inoperative merely to the parcel or parcels so redeemed, and to those portions not so redeemed shall remain valid and of full effect.

SEC. 118. Deeds shall thereupon be executed by such Circuit Court Commissioner or other person making such sale specifying the names of the parties in the suit, the date of the

deposited.

mortgage, when and where recorded, with a description of the premises sold, and the amount for which each parcel of land therein described was sold, and he shall indorse upon each deed the time when the same will become operative in case the premises are not redeemed according to law, such deed or deeds shall as soon as practicable, and within twenty days after Where such sale be deposited with the register of deeds of the county in which the land therein described is situated, and the register shall endorse thereon the time the same was received; and for the better preservation thereof, shall record the same How recorded. at length in a book to be provided in his office for that purpose and shall index the same in the regular index of deeds, and the fee for recording the same shall be included among the other costs and expenses allowed by law. In case such prem- Duties of regisises or any parcel thereof shall be redeemed the register of case of deeds shall write on the face of such record the word "Re- redemption. deemed," stating at what date such entry is made and signing such entry with his official signature. Unless the premises described in such deed or any parcel thereof shall be redeemed within the time limited for such redemption as herein pro- When deeds vided, such deed shall thereupon as to all parcels not so re-operative. deemed become operative, and shall vest in the grantee therein named, his heirs or assigns, all the right, title and interest which the mortgagor had at the time of the execution of the mortgage, or at any time thereafter. Approved May 10, 1899.

ter of deeds in

to become

[No. 201.]

AN ACT to protect Mink, Racoon, Skunk and Muskrats during the months of September and October in each year and provide a Penalty for the violation thereof.

The People of the State of Michigan enact:

mink, skunk,

SECTION 1. That it shall not be lawful for any person or Close season for persons to trap, hunt, shoot or kill any mink, racoon, skunk muskrat, etc. or muskrat in this State during the months of September and October in each year; except it be on his own premises, and such person can prove that the said animal was damaging him: Provided however, That this act shall not be construed so as Proviso as to to repeal act number twenty-seven of the session laws of eighteen hundred ninety-seven: Provided further, That nothing in Further proviso this act shall prevent water-power owners from killing or tion of muskrats destroying muskrats within one-half mile of any water-power in this State: And provided also, That nothing in this act shall be construed to prevent owners of dykes from killing or

certain act.

as to destruc

along water

powers, etc.

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