purchase property.

SEC. 36. Nothing in this chapter contained shall prevent Village may any village from obtaining private property for any of the propert public uses herein specified by negotiation and purchase. This act is ordered to take immediate effect. Approved June 4, 1903.

[No. 177.]

AN ACT to amend section three of chapter seventy-four of the Revised Statutes of eighteen hundred forty-six, entitled "Of the partition and distribution of estates," being section nine thousand four hundred forty-four of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Section three of chapter seventy-four of the Section Revised Statutes of eighteen hundred forty-six, entitled "Of amended. the partition and distribution of estates," being section nine thousand four hundred forty-four of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended so as to read as follows:

designate.

to recover.

(9444) SEC. 3. In such decree the court shall name the Decree of persons and the proportions or parts to which each shall be court, what to entitled; and such persons shall have the right to demand when persons and recover their respective shares from the executor or administrator, or any other person having the same or any part thereof, after the expiration of sixty days from the date of such decree, unless an appeal shall have been taken therefrom, in which case they shall have the same right immediately upon the final termination of such appeal. Approved June 4, 1903.

[No. 178.]

AN ACT making appropriations for the State Board of Geological Survey for the fiscal years ending June thirty, nineteen hundred four, and June thirty, nineteen hundred five, for printing reports and other extraordinary expenses and to provide a tax to meet the same.

The People of the State of Michigan enact:

SECTION 1. There is hereby appropriated for the State Appropriation Board of Geological Survey, as constituted by act number for printing. sixty-five of the laws of eighteen hundred sixty-nine, for print

For continuance of certain survey.

For improve

ments.

How paid.

Proviso.

To be incorporated in state tax.

ing, as heretofore authorized, for the fiscal year ending June thirty, nineteen hundred four, the sum of one thousand two hundred fifty dollars, and for the fiscal year ending June thirty, nineteen hundred five, the sum of one thousand two hundred fifty dollars.

SEC. 2. There is hereby appropriated for said board, for the continuance of the joint topographic survey with the United States Geological Survey. for the fiscal year ending June thirty, nineteen hundred four, the sum of five hundred dollars, and for the fiscal year ending June thirty, nineteen hundred five, the sum of five hundred dollars.

SEC. 3. There is hereby appropriated for said board, for the purchase of the lot upon which their building stands in Houghton, Michigan, and for necessary repairs, sewerage connections, furniture and incidental expenses, for the fiscal year ending June thirty, nineteen hundred four, the sum of five hundred dollars.

SEC. 4. The several sums appropriated by the provisions of this act shall be certified to be correct by said board and shall be paid out of the State treasury upon the warrant of the Auditor General from the fund appropriated for the purpose: Provided, That bills for the expense of printing and publication shall, after approval by the board, be presented to the Board of State Auditors and, after allowance by them, audited by the Auditor General.

SEC. 5. The Auditor General shall add to and incorporate in the State tax, for the year nineteen hundred three, the sum of two thousand two hundred fifty dollars, and for the year nineteen hundred four, the sum of one thousand seven hundred fifty dollars 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 June 4, 1903.

Section amended.

[No. 179.]

AN ACT to amend section six of chapter thirty-four of the Revised Statutes of eighteen hundred forty-six, entitled "Money of account and interest;" the same being section four thousand eight hundred sixty-five of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Section six of chapter thirty-four of the Revised Statutes of eighteen hundred forty-six, entitled "Money of account and interest," the same being section number four thousand eight hundred sixty-five of the Compiled Laws of

eighteen hundred ninety-seven, is hereby amended so as to read as follows:

interest on

SEC. 6. Interest may be allowed and received upon all Rate of judgments at law, for the recovery of any sums of money, and judgments. upon all decrees in chancery, for the payment of any sums of money, whatever may be the form or cause of action or suit in which such judgment or decree shall be rendered or made; and such interest may be collected on execution at the rate of five per cent per annum: Provided, That on a judgment Proviso. rendered on any written instrument having a different rate, which was a legal rate at the date of the execution of such instrument, the interest shall be computed at the rate specified in such instrument.

Approved June 4, 1903.

[No. 180.]

AN ACT to amend the title and section one of act number one hundred ninety-one of the public acts of eighteen hundred ninety-three, entitled "An act to provide for the incorporation of associations for the purpose of establishing scholarships in the University of Michigan, for the benefit of graduates of the high schools of this State."

The People of the State of Michigan enact:

tion amended.

SECTION 1. The title and section one of act number one Title and sechundred ninety-one of the public acts of eighteen hundred ninety-three, entitled "An act to provide for the incorporation of associations for the purpose of establishing scholarships in the University of Michigan, for the benefit of graduates of the high schools of this State," are hereby amended so as to read as follows: "An act to provide for the incorporation of associations for the purpose of establishing scholarships in the University of Michigan and in any of the colleges or normal schools of this State, for the benefit of graduates of the high schools of this State."

SECTION 1. That five or more persons of full age, residing Number may in the State of Michigan, may associate and incorporate them- incorporate. selves together for the purpose of establishing scholarships

in the University of Michigan and in any of the colleges or normal schools of this State, for the benefit of graduates of the high schools of this State.

Approved June 4, 1903.

Section amended.

Fee for serv

subpoenas,

etc.

Traveling.

Copies of writs.

[No. 181.]

AN ACT to amend section eleven of chapter one hundred fifty of the Revised Statutes of eighteen hundred forty-six, relative to the fees of sheriffs in executing process issued out of the courts of law and equity, and by judicial and other officers, and for other services, as amended by the several acts amendatory thereof, being section eleven thousand two hundred twenty-two of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Section eleven of chapter one hundred fifty of the Revised Statutes of eighteen hundred forty-six, relative to the fees of sheriffs in executing process issued out of the courts of law and equity, and by judicial and other officers, and for other services, as amended by the several acts amendatory thereof, the same being section eleven thousand two hundred twenty-two of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows:

SEC. 11. For serving a summons, writ of replevin, or other ing summons, processes by which a suit shall be commenced in a court of law, or a subpoena to appear and answer in chancery, seventyfive cents when service is made on one defendant only, and for the service on each additional defendant, twenty-five cents; for traveling in making such service, on the usual traveled route, ten cents per mile for going only to be computed in all cases from the court house of the county in which the service is made, or from the place where the court has Taking bonds. Usually been held therein; for taking a bond of a plaintiff in replevin, or taking a bond on the arrest of a defendant, or in other cases where he is authorized to take the same, fifty cents; for a certified copy of such bond, when requested, twenty-five cents; for a note of every capias delivered to a defendant on request, six cents; for a copy of every summons, scire facias, or declaration served by him, when made by the sheriff, six cents for each folio; for a copy of every other writ, Attachments. When demanded or required by law, twenty-five cents; for serving an attachment for the payment of money, or an execution for the payment of money, or a warrant issued for the same purpose and delivered to him by the county treasurer or any supervisor, for collecting the sum of two hundred and fifty dollars or less, two and one-half per cent, and for any sum more than two hundred and fifty dollars, one and oneAdvertising. quarter per cent; advertising goods or chattels, lands or tenements for sale, on any execution, if a sale be made, one dollar; and if the execution be stayed or settled after advertising and before sale. fifty cents. The fees allowed by law and paid to any printer by such sheriff for publishing an adver tisement of the sale of real estate for not more than six weeks and for publishing the postponement of any such sale, the

The Certain fees,

how collected.

sale.

jury.

habeas corpus.

expense shall be paid by the party requiring the same. fees herein allowed for the service of an execution and for advertising therein shall be collected by virtue of such execution, in the same manner as the sum therein directed to be levied; but when there shall be several executions against the defendant, at the time of advertising his property, in the hands of the same sheriff, there shall be but one advertising fee charged on the whole, and the sheriff shall elect upon which execution he will receive the same. For every certifi- Certificate of cate on the sale of real estate, fifty cents; and for each copy thereof, twenty-five cents, which, together with the register's fee for filing the same, shall be collected as other fees on execution; for drawing and executing a deed pursuant to a Deeds. sale of real estate, one dollar; serving a writ of possession Writ of or of restitution, putting any person into possession of the possession. premises and removing the occupant, one dollar, and the same compensation for traveling as is herein allowed on other writs; taking a bond for the liberties of the jail, fifty cents; summoning a jury, upon a writ of inquiry attending such Summoning jury, and making and returning the inquisition, one dollar and fifty cents; summoning a special jury struck pursuant to an order of the court, and returning the panel, one dollar and fifty cents; summoning a jury pursuant to any precept or summons of any officer in any special proceeding, one dollar, and for attending such jury, when required, fifty cents; bring- Prisoners upon ing up a prisoner upon habeas corpus to testify or answer in any court, one dollar, and for traveling each mile from the jail, thirteen cents; for attending any court with such prisoner, one dollar per day, besides actual necessary expenses; bringing up a prisoner upon habeas corpus with the cause of his arrest and detention, one dollar, and for traveling, thirteen cents for each mile from the jail; attending before any officer with a prisoner for the purpose of having him surren dered in exoneration of his bail, or attending to receive a prisoner so surrendered, who was not committed at the time, and receiving such prisoner into his custody in either case, one dollar; attending a view, when ordered by the court, one Attending a dollar and fifty cents per day, including the time occupied in going and returning; serving an attachment upon any ship, Attachments boat or vessel, in proceedings to enforce any lien thereon, created by law, seventy-five cents, with such additional compensation for his trouble and expenses in taking possession of and preserving the same as the officer issuing the warrant shall certify to be reasonable; for making and returning an Inventory and inventory and appraisal to the appraisers, one dollar for each appraisal. day actually employed, and fifty cents for each half day; and for drafting the inventory, twenty-five cents for each folio, and for copying the same, six cents for each folio; for selling Selling of any ship, boat, or vessel, or the tackle, apparel or furniture certain thereof, so attached, and for advertising such sale, the same fees as for sales on executions; for giving notice for general Notice of or special election to the inspectors of the different townships

view.

on ships.

property.

elections.