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[ No. 247. ]
AN ACT making appropriations for additional buildings at
the Asylum for the Insane, located at Newberry in the upper peninsula of Michigan, known as the “Upper Peninsula Hospital for the Insane," for the furnishing and equipment of said buildings and the further furnishing and equipment of said asylum.
SECTION 1. The People of the State of Michigan enact, That Appropriation
amount of the sum of fifty-eight thousand dollars be, and the same is hereby appropriated for the Upper Peninsula Hospital for the Insane from the general fund in the State treasury, not otherwise appropriated, to be expended as follows:
For the erection of one cottage, twenty thousand dollars; for Purposes. an addition to the power house, five thousand and seventyone dollars; one cloister, six hundred dollars; for central heating plant, eighteen thousand nine hundred and forty-two dollars; addition and changes in cow barn, seven hundred and fifty dollars; one brick oven, five hundred dollars; furnishings to two cottages, twenty-seven hundred and fifty dollars; additional laundry machinery, one hundred and seventy-five dollars; storm windows, two thousand dollars; for horses, cows, vehicles, etc., one thousand one hundred and seventy-five dollars; farm implements, two hundred dollars; orchard, small fruit, etc., two hundred dollars; clearing land, three hundred dollars; for library, three hundred dollars; for seeds, fifty dollars for the year eighteen hundred ninety-seven and fifty dollars for the year eighteen hundred ninety-eight; for deficit in appropriation in eighteen hundred ninety-five for central dining hall, five thousand dollars. The money so How exappropriated shall be expended under the direction of the pended. board of trustees of said hospital for the insane, on requisitions of said board signed by the chairman and secretary thereof, which shall be presented to the Auditor General who shall draw his warrants on the State treasury therefor. Sec. 2. The said board of trustees is hereby authorized Money, how
drawn. at any time during the year one thousand eight hundred ninety-seven by requisitions drawn as prescribed in section one of this act to draw from the general fund of the State treasury the sum of thirty thousand dollars, and like authority is given for the sum of twenty-eight thousand and sixty-three dollars, to be drawn in the same manner for the year one thousand eight hundred and ninety-eight.
SEC. 3. In case of a deficiency in one of the items specified Surplue, how in section one of this act and a surplus in the other, the board applied. of trustees by, and with the advice and consent of the Governor and Board of State Auditors given in writing, may apply such surplus upon such deficiency and transfer such surplus
Architect, board may employ.
Auditor General to apportion tax for.
from the fund containing the same to the fund in which such deficiency may occur.
SEC. 4. Said board of trustees may employ an architect for the purposes mentioned in this act and a person to superintend under their direction the erection and construction of the same, and the architect and the person so employed shall receive a reasonable compensation for their services to be established by the board of trustees and approved by the Governor, which compensation shall be audited from time to time by the Board of State Auditors and paid by the trustees of said asylum out of the fund appropriated by this act.
The Auditor General shall add to and incorporate with the State tax for the year eighteen hundred and ninetyseven, the sum of thirty thousand dollars, and for the year eighteen hundred ninety-eight, the sum of twenty-eight thou. sand sixty-three dollars, to be assessed, levied and collected as other State taxes are assessed, levied and collected, which sums when collected, shall be placed to the credit of the general fund to reimburse it for the sum appropriated by section one of this act.
This act is ordered to take immediate effect.
[ No. 248. ]
AN ACT relative to granting, regulating and licensing the
business of pawnbroking, hawking and peddling goods, wares, and merchandise in the several townships of this State.
Hawkers, Section 1. The People of the State of Michigan enact, That peddlers and pawnbrokers it shall not be lawful for any persons to engage in the business license.
of hawking, peddling, or pawnbrokerage, by going about from door to door or from place to place, or from any stand, cart, vehicle or in any other manner in the public streets, highways or in or upon the wharves, docks, open places or spaces, public grounds or public buildings in any township in this State, without first having obtained from the township board of the township where such business is to be carried on, a
license therefor. License, SEC. 2. It shall be the duty of the township board of every be fixed by
township of the State, immediately after this act shall take township
effect, to fix the amount of such license in townships of less than one thousand population, five dollars; in townships of not less than one thousand population, and not over twentyfive hundred, not less than ten dollars nor more than twenty dollars; in townships whose population exceeds twenty-five
amount of, to
hundred, not less than fifteen dollars nor more than thirty dollars.
SEC. 3. The actions of the township board in fixing the To be fixed by amount of such license shall be by resolution, which shall be spread at length upon the records of the proceedings of the board and the same may be annulled or amended by resolution of the township board passed at any subsequent meeting thereof and spread at length upon the records of its proceedings: Provided, That such resolutions, or any resolution, Proviso as to annulling or amending the same, shall not take effect ing effect. until twenty days after a written or printed copy of the same shall have been posted in five of the public places in the township. The person or persons posting copies of any copies to be such resolution shall make and file with the township clerk posted. proof by affidavit of the fact of such posting. And in all suits, actions and proceedings where the passage of any such resolution by the township board, or the posting of copies thereof as above provided, shall come in question, a copy of such r'e solution, and of such affidavit, certified under the hand of the township clerk, shall be prima facie evidence of the due passage of such resolution and of the posting of copies thereof. SEC. 4. License granted under this act shall not be trans- Licodse not
transferable. ferable, and shall expire on the first Monday of May next after the granting thereof. Every person to whom a license Bonds to be
given. shall be issued under this act shall give upon demand of the township clerk a bond in the sum of fifty dollars with two sufficient sureties to be approyed by the township clerk, conditioned that he will carry on said business in a quiet and orderly manner, and that he will faithfully observe all the laws of this State and the rules, regulations and ordinances of the township or village where his business shall be carried on in relation to said business.
Sec. 5. All sums received for license granted under author. All sums ity of this act shall be paid into the township treasury of the license to be township granting the license, to the credit of the contingent paid into
Sec. 6. Every person who shall be found traveling and trad- Penalty for ing or soliciting trade, contrary to the provisions of this act, or without the license required by any resolution of any township board passed in pursuance thereof, or not producing upon demand of any person said license, or contrary to the terms of any license that may have been granted to him as a hawker, peddler or pawnbroker, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction, shall be punished by a fine of not more than fifty dollars and costs of prosecution, or by imprisopment in the county jail for a period not exceeding three months, or by both such fine and imprisonment, in the discre. tion of the court before which the conviction may be had.
Supervisors to enforce act.
SEC. 7. It shall be the duty of the supervisor of each township in the State to see that this act is enforced and in case of any violation thereof to immediately notify the prosecuting attorney of the proper county whose duty it shall be to take all proper steps for the prosecution of the offender.
Sec. 8. Nothing contained in this act shall prevent any person from selling any meat or fish in townships outside of any incorporated city or village, nor any nurseryman from selling his stock by sample or otherwise, nor any person, firm or corporation engaged in the sale of farm machinery and implements; nor any manufacturer, farmer or mechanic residing in this State from selling or offering for sale his work or production by sample or otherwise, without license, nor shall any wholesale merchant, having a regular place of busness, be prevented by anything herein contained from selling to dealers by sample, without license; but no merchant shall be allowed to peddle, or to employ others to peddle goods not his own manufacture without the license provided for in this chapter.
Sec. 9. Sections sixteen to twenty-five inclusive of chapter twenty-one of the revised statutes of eighteen hundred fortysix, entitled “Hawkers and peddlers,” being sections twelve hundred fifty-seven to twelve hundred sixty-six inclusive of Howell's annotated statutes, act number two hundred four of the public acts of eighteen hundred eighty-nine, being sections one thousand two hundred and sixty-six a to one thousand two hundred and sixty-six e inclusive of Howell's annotated statutes; and act number one hundred thirty-seven of the public acts of eighteen hundred and ninety-five are hereby repealed.
This act is ordered to take immediate effect.
[ No. 249. ]
AN ACT to provide for the appointment of township, city
and village commissioners for the destruction of noxious weeds.
Commissioner SECTION 1. The People of the State of Michigan enact, That appointed, when.
in any township, village or city in this state the township board, village or city council on or before the first day of May of each year may appoint a commissioner known as a commissioner for the destruction of noxious weeds who shall hold office during the pleasure of said township board, village or city council and such order of appointment and of revocation shall be entered at large upon the township or city records.
SEC. 2. It shall be the duty of every owner, occupant Duty of or person having charge of lands, in this State, to cut occupants down or cause to be cut down all Canada thistles, milk- of lands. weed or other noxious weeds growing thereon, or on lands between the center of any highway passing through the same, in each and every year so often as shall be sufficient to prevent said Carada thistles, milkweed or other noxious weeds going to seed; and if any owner, occupant or person having charge of such lands shall knowingly suffer any such Canada thistles, milkweed or other noxious weeds to grow thereon, and the same to ripen so as to cause or endanger the spread thereon, he shall, on conviction, be punished by a fine of ten dollars, Penalty. together with the costs of prosecution, and in default of payment of the same be imprisoned in the county jail of the county where the land is situated for a period not exceeding twenty days.
SEC. 3. When the commissioner shall have knowledge or Duty of information that Canada thistles, milkweed or other noxious
commissioner. weeds are growing upon any lands in his township contrary to the provisions of this act, he shall see to it that the provisions of this act are carried out within his township and he shall give a written notice to the owner, occupant or person having charge of such lands describing the same by their legal subdivisions within his township whereon Canada thistles, milkweed or other noxious weeds shall be growing and in danger of going to seed, requiring him to cause the same to be cut down within five days from the service of such notice, and in case such owner, occupant or person having charge of said lands shall refuse or neglect to cut or cause to be cut down the said Canada thistles, milkweed or other noxious weeds, the commissioner shall enter upon the lands where said Can- May enter
upon lands. ada thistles, milkweed or other noxious weeds are growing and cause all such Canada thistles, milkweed or other noxious weeds to be cut down and destroyed, doing as little damage as may be while in performance of such duty, and the said com missioner shall not be liable for so entering upon said lands for the purpose of performing such duty except for any actual damage to the crops growing thereon which shall result from his wilful and unlawful act or gross negligence: Provided, Proviso as to That when such Canada thistles, milkweed or other noxious weeds are found growing upon non-resident lands, and no one to the knowledge or information of said commissioner shall have charge thereof, it shall not be necessary to give notice before proceeding to cut down said Canada thistles, milkweed or other noxious weeds.
SEC. 4. The commissioner shall keep an accurate account Compensation of the expenses incurred, and time employed by him in carry- sioner. ing out the provisons of section three of this act with respect