SEC. 8. The location of the business office of the Grand Business office of Grand Court "Foresters of America" may be changed at any time Court may be upon filing a written notice of such change in the office of the changed. Secretary of State within twenty days from the time of the change of such location. SEC. 9. Any corporation formed under this act may erect To erect buildings for Forand own such suitable edifice, building and hall as to such esters of corporation shall seem proper with convenient rooms for the America. meeting of the Courts of the "Foresters of America" and for Create capital that purpose may create a capital stock of not more than twenty-five thousand dollars to be divided into shares of not more than twenty-five dollars each. This act is ordered to take immediate effect. stock. [No. 2.] AN ACT to amend act number one hundred eight, session laws of eighteen hundred ninety-five, entitled "An act to prevent the spreading of bush, vine and fruit tree pests, such as canker worm and other insects, and fungus and contagious diseases, and to provide for their extirpation." amended. SECTION 1. The People of the State of Michigan enact, That Section act number one hundred eight of the public acts of eighteen hundred ninety-five, entitled "An act to prevent the spreading of bush, vine and fruit tree pests, such as canker worm and other insects, and fungus and contagious diseases, and to provide for their extirpation," be and the same is hereby amended so as to read as follows: disinfectants SECTION 1. The People of the State of Michigan enact, That Spraying with it shall be the duty of every owner, possessor, or occupier of and strength an orchard, nursery or vineyard, or of land where fruit trees of same. or vines are grown, within this State, to spray with a poisonous solution or disinfectant and of sufficient strength to destroy such injurious insects or contagious disease, all fruit trees or vines grown on such lands which may be infested with any injurious insect or worms, or infected with any contagious disease known to be injurious to fruit or fruit trees or vines: Provided, That if such trees and vines are infested with the San Jose or other scale insects, such trees or vines shall be either effectually sprayed or destroyed: Provided, also, That no such spraying shall be done while said fruit trees or vines are in blossom, except in case of canker worm. Where contagious diseases or insects exist, township board to appoint commissioners. Proviso. Duty of commissioners to file acceptance. Duty of commissioners to examine. Owner, how notified. Notice and order to be signed. Commissioners' duty in case of refusal owner. SEC. 2. In any township in this State where such injurious insects or contagious diseases are known to exist or in which there is good reason to believe they exist, or danger may be justly apprehended of their introduction, it shall be the duty of the township board, upon the petition of at least ten freeholders of such township, to appoint forthwith three competent freeholders of said township as commissioners, who shall hold office during the pleasure of the board, and such order of appointment and of revocation shall be entered at large upon the township record: Provided, That in townships having a board of yellows commissioners, such commissioners shall be ex officio commissioners under this act. SEC. 3. It shall be the duty of said commissioners within ten days after appointment as aforesaid, to file their acceptance of the same with the clerk of said township, and said clerk shall be ex officio clerk of said board of commissioners, and he shall keep a correct record of the proceedings of said board in a book to be provided for that purpose, and shall file and preserve all papers pertaining to the duties and actions of said commissioners, or either of them, which shall be a part of the records of said townships. SEC. 4. It shall be the duty of said commissioners or any one of them, upon, or without complaint, whenever it comes to their notice, that any orchard, fruit trees or vines are infested with canker worm or other injurious insects or contagious disease, within their townships, to proceed without delay to examine such orchards or vineyards, supposed to be infested, and if such injurious insects or contagious diseases are found to exist, the owner shall be notified personally, or by a written notice left at his usual place of residence, or if the owner be a non-resident, by leaving the notice with the person in charge of the trees or vines, or the occupant of the lands upon which such trees or vines shall be growing. The notice shall contain a simple statement of the facts as found to exist with an order to effectually destroy such injurious insects or worms or contagious disease by spraying such trees or vines with a poisonous solution, or in case of contagious disease to effectually disinfect said diseased trees or vines, or in case of San Jose or other scale insect to effectually spray or destroy such infested trees, within such time from the date of the service of the notice as such commissioners shall designate, said notice and order to be signed by the full board of commissioners. SEC. 5. Whenever any person shall refuse or neglect to comply with the order to spray or disinfect the orchards or or neglect of vineyards designated by the commissioners, as aforesaid, or in case of San Jose or other scale insects to effectually spray or destroy such infested trees, it shall become the duty of the commissioners to cause said trees or vines to be effectually sprayed with a poisonous solution or disinfected as occasion should require, or in case of San Jose or other scale insect to effectually spray or destroy such infested trees forthwith, employing all necessary aid for that purpose, and the expenses for the same shall be a charge against the township, and for said spraying, disinfecting or destroying, the said commissioners, their agents or workmen, shall have the right and power to enter upon any and all premises within their township. failure to SEC. 6. If any owner, township officer or commissioner, Penalty for neglects or refuses to comply with the requirements of this comply. law as set forth in the preceding sections and within the time therein specified, such person shall be deemed guilty of a misdemeanor, and punished by fine not exceeding fifty dollars or imprisoned in the county jail not exceeding sixty days, or by both such fine and imprisonment in the discretion of the court, and any justice of the peace of the township where such trees or vines may be growing shall have jurisdiction thereof. of commis paid. SEC. 7. The several commissioners shall be allowed for Compensation service under this act, two dollars for each full day, and one sioners, how dollar for each half day, and their other charges and disburse- audited and ments hereunder to be audited as well as any other charges and disbursements under this act by the township board, all of which costs, charges, expense and disbursements shall be recovered by the township from the owner of said infected or infested orchards or vineyards, or from the owner of the premises on which said trees or vines may be growing, in an action of assumpsit. The provisions of this act shall not apply to the contagious disease known as yellows. This act is ordered to take immediate effect. Approved January 27, 1897. [No. 3.] AN ACT making an appropriation for the current and running expenses of the Central Michigan Normal School until the general appropriation for that purpose shall be available. tion, amount. SECTION 1. The People of the State of Michigan enact, That Appropriathere be and is hereby appropriated for the Central Michigan Normal School, out of any money in the State treasury not otherwise appropriated, the sum of three thousand dollars for the purpose mentioned in section two of this act. SEC. 2. Said money hereby appropriated shall be immedi- Purposes. ately available, and shall be used for the purpose of paying the current and running expenses of said school from January first, eighteen hundred and ninety-seven, until the regular and ordinary appropriation for that purpose shall be made available, and the sum hereby appropriated shall be deducted from Amount to be the gross amount of such regular and ordinary appropriation regular approas an advance upon the same when such regular and ordinary priation. deducted from appropriation for the current expenses at said school for the This act is ordered to take immediate effect. Section amended. Additional judge in seven teenth circuit. Judges to have co-ordinate powers. To preside alternate years. [No. 4.] AN ACT to amend section one of act number ninety-seven of the session laws of one thousand eight hundred and eightynine, entitled, "An act to provide for an additional circuit judge for the seventeenth judicial circuit, and to define the powers and duties of the judges of said circuit, and to provide for the manner of conducting the business of said court," as amended by act number eighty-two of the session laws of one thousand, eight hundred and ninety-one. SECTION 1. The People of the State of Michigan enact, That section one of act number ninety-seven of the session laws of one thousand, eight hundred and eighty-nine, entitled, " An act to provide for an additional circuit judge for the seventeenth judicial circuit, and to define the powers and duties, and to provide for the manner of conducting the business of said court," as amended by act number eighty-two of the session laws of one thousand, eight hundred and ninety-one, be amended so as to read as follows: SECTION 1. That after the first day of June, eighteen hundred and eighty-nine, there shall be one additional judge for the seventeenth judicial circuit, in which circuit the county of Kent is or may be situated. The two circuit judges shall have equal and co-ordinate powers and duties. One of such judges shall constitute a quorum for the transaction of business. The person holding the office of circuit judge at the time this act takes effect, or his successor in office, shall act as presiding judge until the first day of January next succeeding the appointment of a judge under the provisions of this act, and after that, each of said judges shall act as presiding judge every alternate year; and the presiding judge shall have power to apportion the business to be transacted as he may from time to time order and direct, and from day to day assign to and apportion the business of the court between such judges. This act is ordered to take immediate effect. Approved January 28, 1897. [ No. 5.] AN ACT to amend section one of act number one hundred and twenty-three of the public acts of one thousand eight hundred and eighty-five, entitled, " An act to protect defendants in actions when they have given notice of set-off." amended. SECTION 1. The People of the State of Michigan enact, That Section section one of act number one hundred and twenty-three of the public acts of one thousand eight hundred and eighty-five, be and the same is hereby amended so as to read as follows: SECTION 1. That in any action hereafter commenced in When notice this State when the defendant has given notice of set-off or given, plainrecoupment, the plaintiff shall not be allowed to discontinue tiff shall not his suit or submit to a non-suit without the consent of the suit, etc. defendant. Approved February 5, 1897. of set-off is discontinue [ No. 6.] AN ACT to amend section one of act number seventy-three of the public acts of one thousand eight hundred and eightynine, entitled "An act to amend section one of an act entitled 'An act to authorize proceedings by garnishment in the circuit courts and the district court of the upper peninsula,' approved March sixteenth, one thousand eight hundred and sixty-one, as the same has been amended by the several acts amendatory thereof, the same being section eight thousand and fifty-eight of Howell's annotated statutes of the State of Michigan," and to repeal section thirty-three of chapter two hundred and seventy-seven being compiler's section eight thousand and eighty-nine of Howell's annotated statutes of Michigan. That Section amended. SECTION 1. The People of the State of Michigan enact, section one of act number seventy-three of the public acts of one thousand eight hundred and eighty-nine entitled "An act to amend section one of an act entitled, 'An act to authorize proceedings by garnishment in the circuit courts and the district court of the upper peninsula,' approved March sixteenth, one thousand eight hundred and sixty-one, as the same has been amended by the several acts amendatory thereof, the same being section eight thousand and fifty-eight of Howell's annotated statutes of the State of Michigan," be and the same is hereby amended so as to read as follows: |