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determined by the board. The board may, in its discretion, accept as the equivalent of any part of all of the second and third requirements, evidence of five or more years' reputable practice of osteopathy, by an osteopathic practitioner located in the State at the time of the passage of this act: Provided, Proviso. Such substitution be specified in the certificate. If the facts Examination, thus set forth, and to which the applicant shall be required include. to make affidavit, shall meet the requirements of the board, as laid down in its rules, then the board shall require the applicant to submit to an examination as to his qualifications for the practice of osteopathy, which shall include the subjects of anatomy, physiology, physiological chemistry, toxicology, pathology, bacteriology, histology, neurology, physical diagnosis, obstetrics, gynecology, minor surgery, hygiene, medical jurisprudence, principles and practice of osteopathy, and such other subjects as the board may require. If such an examination be When board passed in a manner satisfactory to the board, then the board certificate. shall issue its certificate granting him the right to practice osteopathy in the State of Michigan. Any person failing to pass such examination may be re-examined at any regular meeting of the board within a year from the time of such failure, without additional fee. Any person engaged in the practice of Relative to osteopathy in this State at the time of passage of this act, who in practice. holds a diploma from a regular college of osteopathy as determined by the board, and who makes application to the State Board of Osteopathic Registra [Registration] and Examination before January first, nineteen hundred four, upon the payment of a fee of five dollars, shall receive a certificate from the board without examination, which, when filed with the county clerk in the county where he resides, shall authorize the holder thereof to practice osteopathy in the State of Michigan, but shall not permit him to practice medicine within the meaning of act number two hundred thirty-seven of the public acts of eighteen hundred ninety-nine or acts amendatory thereto: Pro- Proviso as to vided further, That the board may, in its discretion, dispense ing license with an examination of the case, first, of an osteopathic practi- from other tioner duly authorized to practice osteopathy in any other' state or territory, or the District of Columbia, who presents a certificate or license issued after an examination by the legally constituted board of such state, territory or District of Columbia, accorded only to applicants of equal grade with those required in Michigan, or, second, an osteopathic practitioner who has been in the actual practice of osteopathy for five years, who is a graduate of a reputable school of osteopathy, who may desire to change his residence to Michigan, and who makes application on a form to be prescribed by the board, accompanied by a fee of twenty-five dollars.

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The Board of Osteopathic Registration and Examination When board shall refuse to issue a certificate of registration provided for certificate. in this section to any person guilty of grossly unprofessional and dishonest conduct.

SEC. 3. All fees shall be paid in advance to the treasurer Fees, disposiof the board, and by him at once covered into the State treasury

tion of.

to the credit of a continuing fund, which is hereby appropriated for the use of the State Board of Osteopathic Registration and Examination. The compensation of the secretary tion, etc., how and expenses of members and officers of said board, and all

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paid.

Certificate,

what to authorize.

Proviso.

Certificates to be recorded.

Penalty for practicing. etc., without complying with act.

expenses proper and necessary in the opinion of said board to discharge its duties under and to enforce the law, shall be paid out of such fund, upon fully itemized bills certified by the president and secretary as having been duly authorized by the board. Such bills shall be presented to the Auditor General who shall draw his warrant upon the State Treasurer for the payment thereof.

SEC. 4. The certificate provided for in section two of this act shall entitle the holder thereof to practice osteopathy in the State of Michigan, but it shall not authorize him to practice medicine and surgery within the meaning of act number two hundred thirty-seven of the public acts of eighteen hundred ninety-nine or acts amendatory thereto: Provided, That nothing in this act shall be so construed as to prohibit any legalized osteopath in this State from practicing medicine and surgery after having passed a satisfactory examination before the State Board of Medical Examiners in the State of Michigan. Osteopathic practitioners shall observe and be subject to the State and municipal regulations relating to the control of contagious diseases, the reporting and certifying of births and deaths, and may have the right to certify to births and deaths. SEC. 5. Every person holding a certificate from the State Board of Osteopathic Registration and Examination shall have it recorded in the office of the county clerk of the county in which he expects to practice, and the date of the recording shall be indicated thereon. Until such certificate is filed for record the holder shall exercise none of the rights or privileges conferred therein. The county clerk shall keep, in a book provided for the purpose, a complete list of all the certificates recorded by him, with the date of the recording of each certificate. Each holder of a certificate shall pay to the county clerk a fee of one dollar for making such record.

SEC. 6. Any person who shall practice or attempt to practice, or use the science or system of osteopathy in treating diseases of the human body, or any person who shall buy, sell or fraudulently obtain any diploma, license, record, or registration to practice osteopathy, or who shall aid or abet in such selling or fraudulent obtaining; or who shall practice osteopathy under cover of any diploma, license, record, or registration to practice osteopathy, illegally obtained, or signed or issued unlawfully or under fraudulent representations; or who after conviction of felony shall practice osteopathy, or who shall use any of the forms of letters, "Osteopath," "Osteopathist," "Osteopathy." "Osteopathic Practitioner," "Doctor of Osteopathy," "Diplo mate in Osteopathy," "D. O.," or any other titles or letters either alone or with qualifying words or phrases, under such circumstances as to induce the belief that the person who uses such terms is engaged in the practice of osteopathy, without having complied with the provisions of this act, shall be

deemed guilty of a misdemeanor, and upon conviction thereof,
shall be fined not less than fifty dollars, nor more than five
hundred dollars, or be imprisoned in the county jail not less
than thirty days nor more than one year, or both: Provided, Proviso.
That nothing in this act shall be construed as prohibiting any
lawfully qualified osteopathic practitioner in any other State or
county meeting a registered osteopathic practitioner in this
State for consultation; or any osteopathic practitioner residing
on the border of a neighboring state, and duly authorized under
the laws thereof to practice, whose practice may extend into
this State, and who does not open an office or appoint a place
of meeting or receive calls in this State; or any osteopathic
practitioner duly registered in one county, called to attend
isolated cases in another county. It shall be the duty of the
prosecuting attorneys of the counties of this State to prosecute
violations of the provisions of this act.

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what declared

SEC. 7. This system, method or science of treating diseases of Osteopathy, the human body known as osteopathy is hereby declared not to be the practice of medicine, or surgery within the meaning of act number two hundred thirty-seven of the public acts of eighteen hundred ninety-nine of the State of Michigan and not subject to the provisions of said act: Provided, That this act Proviso. shall not apply to any legally qualified medical practitioner practicing medicine and surgery, under act number two hundred thirty-seven of the public acts of eighteen hundred ninetynine or acts amendatory thereto, nor shall this act apply to masseurs or nurses practicing massage or manual Swedish movements in this State.

SEC. 8. All acts or parts of acts in conflict with this act are hereby repealed.

Approved May 28, 1903.

[No. 163.]

AN ACT to amend section five of chapter eleven of act number
two hundred forty-three of the session laws of eighteen hun-
dred eighty-one, entitled "An act to revise and consolidate the
laws relating to the establishment, opening, improvement and
maintenance of highways and private roads, and the build-
ing, repairing and preservation of bridges within this State,"
approved June eight, eighteen hundred eighty-one, as subse-
quently amended, the same being compiler's section four thou
sand one hundred seventy-one of the Compiled Laws of
eighteen hundred ninety-seven.

The People of the State of Michigan enact:

amended.

SECTION 1. Section five of chapter eleven of act number two section hundred forty-three, of the session laws of eighteen hundred eighty-one, entitled "An act to revise and consolidate the laws

Returns, by whom and to

relating to the establishment, opening, improvement and maintenance of highways and private roads, and the building, repairing and preservation of bridges within this State," approved June eight, eighteen hundred eighty-one, as subsequently amended, the same being compiler's section four thou sand one hundred seventy-one of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended so as to read as follows:

SEC. 5. The commissioner shall, between the first and whom made. 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 before 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, estimating 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 collated 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: Provided, That if the amount so paid into the township treasury exceed the sum of one hundred dollars for each mile of road in any one road district, such surplus shall be credited to the general highway fund of said township. Approved May 28, 1903.

Proviso.

Section amended.

[No. 164.]

AN ACT to amend section thirty-four of act one hundred thirty-six of the session laws of eighteen hundred sixty-nine, entitled "An act relative to the organization and powers of fire and marine insurance companies transacting business within this State," being section seven thousand two hundred fifty-seven of the Compiled Laws of eighteen hundred ninetyseven, as amended by act number one hundred eighteen of the session laws of eighteen hundred ninety-nine.

The People of the State of Michigan enact:

SECTION 1. Section thirty-four of act one hundred thirty-six of the session laws of eighteen hundred sixty-nine, entitled, "An act relative to the organization and powers of fire and marine insurance companies transacting business within this State," being section seven thousand two hundred fifty-seven of the Compiled Laws of eighteen hundred ninety-seven, as amended by act number one hundred eighteen of the session laws of eighteen hundred ninety-nine, is hereby amended so as to read as follows:

renew

to pay.

SEC. 34. Any fire insurance company, association or part- How may nership incorporated by or organized under the laws of any certificate. other State, or any foreign government doing business within this State, shall, as a condition precedent to the renewal of an annual certificate by the Commissioner of Insurance, make and file in the office of the State Treasurer, annually, in the month of January of each year, on oath or affirmation, a statement of the number of fire policies issued by its agents, and procured by or written for sub-agents, solicitors or brokers, upon property owned by residents of or situate in, the State of Michigan; also, a like statement of the marine insurance business transacted in the State of Michigan, and the gross amount of premiums received or secured thereon during the year then terminated; and shall pay into the hands of the Specific tax State Treasurer a specific tax of three per cent on the gross amount of all premiums received in money or securities during the said year, and in ascertaining the gross amount of all premiums received or secured, the return premiums on canceled policies shall be deducted, and shall not be included in the term "gross amount of premiums;" which said specific tax may be recovered from any company neglecting or refusing to pay the same in any court, at the suit of this State, and shall be and hereby is appropriated to the same uses and purposes as the specific tax on such corporation are or hereafter may be; and it shall be the duty of the State Treasurer to give his receipts for all moneys paid into the State treasury under the provisions of this act: Provided, however, That when, by the Proviso. statutes or rulings of the insurance department of any State, a tax is laid or levied upon the amount of the gross receipts of premiums received upon any company organized under the laws of this State and doing business in such State, which amount of gross receipts shall include return premiums, then insurance companies from that State doing business in this -State, shall be taxed upon the amount of gross receipts for premiums without excluding the cancelation: Provided, fur- Further ther, That all companies transacting any reinsurance business proviso. in any manner shall pay the above tax upon the original premium received by the reinsured company on that portion of the risk reinsured: Provided, however, Said reinsuring company may deduct from such premiums that portion of such premiums upon which the reinsured company has paid the above three per cent tax.

Approved May 28, 1903.

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