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amend articles of Association.

Sec. 14. Any such company formed under this act shall have power Companies may to amend its articles of association or charter at the regular annual meeting held according to the provisions of said charter or articles of association, and upon giving a notice of an intention so to do, and of the time and place of meeting for that purpose; such notice shall be published for five successive weeks in some newspaper of general circulation published weekly, in the county or counties where such company does business. Any company heretofore May amend at organized under this act may amend its charter or articles of asso

special meetings. ciation at a special meeting called for that purpose, in accordance with the provisions of its charter, and by giving the notice of intention as provided in this section. Said amendments shall be sub- Amendments to mitted to the Attorney General, and his certificate of compliance Attorney with the law obtained ; and said amendments shall be filed in the office of the Commissioner of Insurance, and also with the clerk of the county in which the office of the company is located.

SEC. 2. This act shall take immediate effect.
Approved April 23, 1877.

General.

[ No. 67.] AN ACT relative to the organization of the meetings of the

Legislature. SECTION 1. The People of the State of Michigan enact, That it Secretary of shall be the duty of the Secretary of State, on the day prior to any list of members regular session of the Legislature, to deliver to the secretary, or in Senate and clerk case of his death or inability, then to the assistant secretary of the of House. preceding Senate, also to the clerk, or in case of his death or inability, then to the journal clerk of the next preceding House of Representatives, a true and correct list of all the members elect of each house, as transmitted to him by the clerks of the several counties of the State, and in such list, shall designate the Senators and Representatives by their respective districts.

Sec. 2. The members elect of the Senate and House of Repre- When Legislasentatives shall convene in their respective Houses at the State vene. House at Lansing, at twelve o'clock noon, on the first Wednesday of January next succeeding their election, and proceed to the organization of their respective Houses, in accordance with the provisions of this act, and no other business shall be in order until they shall have completed such organization.

Sec. 3. In case the Lieutenant-Governor is absent, or unable to Organization of perform the duties of his office, it shall be the duty of the secretary of the preceding Senate, to call to order, and preside over the Senate, until the Lieutenant-Governor appears, or a president pro tenipore is elected, and such secretary shall act as secretary of the Senate until his successor is elected ; and in calling the roll of the Senate before the permanent organization thereof, for any purpose whatever, he shall call all the names appearing upon the list delivered to him by

the Senate.

the House.

the Secretary of State, as provided for in the preceding section,

and he shall not call any other or different names. Organization of Sec. 4. It shall be the daty of the clerk of the next preceding

House of Representatives to call to order and preside over the House until a speaker, or speaker pro tempore, is elected, and he shall act as clerk of the House until his successor is elected; and in calling the roll of the House before the permanent organization thereof for any purpose whatever, he shall call all the names appearing upon the list delivered to him by the Secretary of State, as provided in the first section of this act, and he shall not call any other or different names.

Sec. 5. In case of a' vacancy in the office of the Secretary of

the Senate, or clerk of the House, or of the absence or inability of Senato. serClerkeither to perform the duties imposed by this act, such duties shall

devolve upon the assistant secretary of the Senate or journal clerk of the House of the next preceding Senate or House of Repre

sentatives. Who may admin Sec. 6. In case the President of the Senate or one of the Judges

of the Supreme Court cannot attend to administer the oath of office, the officers required by this act to organize meetings of the Legislature are hereby authorized to administer the oath of office prescribed by the Constitution of this State, to the members elect of their respective Houses.

Approved April 25, 1877.

In case of vacancy in office of Secretary of

act.

ister oath of office,

Lands to be

[No. 68. ] AN ACT to restrict the payment of contracts payable in swamp

lands of the Upper Peninsula to the lands in the county in which the work done under the contract is performed.

SECTION 1. The People of the State of Michigan enact, That selected in coun; in all contracts hereafter made payable in lands in the Upper Pen

insula, the contractor or his assignees shall only be allowed to select lands in the county in which the work contracted for was performed.

SEC. 2. In case of contracts for work to be done in more than a buie done in more single county, the work in cach county shall be specifically stated in

the contract, and shall be paid for in the lands lying in the county in which it is performed.

Approved April 25, 1877.

is done.

When work to

How proof may be made.

[No. 69. ] AN ACT relative to the proof of copartnership in certain cases.

SECTION 1. The People of the State of Michigan enact, That in any suit or proceeding hereafter instituted in any of the courts of this State, wherein it shall become material or necessary to prove the copartnership of any firm or association the plaintiffs may cause to be served upon the defenaant, with a copy of the declara

tion filed in the cause, or with the process by which suit is commenced, an affidavit stating that the plaintiffs were the persons comprising such partnership at the time the contract in question was made, or the cause of action accrued; and such affidavit shall be prima facie evidence of such existence of such partnership or association, unless the defendant shall file with his plea an affidavit denying the existence of such partnership or association.

Approved April 25, 1877.

cruel.

(No. 70.] AN ACT for the more effectual prevention of cruelty to animals.

SECTION 1. The People of the State of Michigan enact, That Acts deemed whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates, or cruelly kills, or causes or procures to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten, mutilated, or cruelly killed, any animal, and whoever having the charge or custody of any animal, either as owner or otherwise, inflicts unnecessary cruelty upon the same, or willfully fails to provide the same with proper food, drink, shelter, or protection from the weather, shall, for every such offense, be punished by imprisonment in jail Penalty. not exceeding three months or by fine not exceeding one hundred dollars, or by both such fine and imprisonment.

Sec. 2. Any person who shall keep or use any bull, bear, dog, Keeping or using cock, or other animal or fowl, or bird for the purpose of fighting, for fighting, etc., or baiting, or as a target, or to be shot at, either for amusement or prohibited. as a test of skill in marksmanship; and any person who shall be a party to, or be present as a spectator at any such fighting, baiting, or shooting of any bear, dog, cock, or other animal or fowl, or bird ; and any person who shall rent any building, shed, room, yard, ground, or premises for the purpose of fighting, baiting, or shooting any animal, fowl, or bird, as aforesaid, or shall knowingly suffer or permit the use of any building, shed, room, yard, ground, or premises belonging to him or under his control for either or any of the purposes aforesaid, shall, on conviction thereof, be adjudged guilty of a misdemeanor.

SEC. 3. Every owner, possessor, or person having the charge or Further acts custody of any animal, who cruelly drives or works the same when deemed cruel, unfit for labor, or who shall carry, or cause to be carried on or upon any vehicle, or otherwise, any live animal having the feet or legs tied together, or in any other cruel and inhuman manner, or shall abandon any maimed, sick, infirm, or disabled animal to die in any public place, or who shall carry or cause to be carried any live animal in or upon any vehicle, or otherwise, without providing suitable racks, cars, crates, or cages, in which such animals may stand, or lie down during transporation, and whilst awaiting slaughter, such person shall, upon conviction thereof, be adjudged guilty of a

Limit of time

road cars,

ed to be fed, etc.

Proviso.

Penalty. misdemeanor, and shall be punished for every such offense in the

manner provided in section one of this act.

SEC. 4. No railroad company, in the carrying or transportation of confined on rail. animals, shall permit the same to be confined in cars for a longer

period than twenty-eight consecutive hours without unloading the same for rest, water, and feeding, for a period of at least five consecutive hours, unless prevented from so unloading by storm, or other accidental causes. In estimating such confinement, the time during which the animals have been confined without rest, on connecting roads from which they are received shall be included, it being the intention of this act to prevent their continuous confine

ment beyond the period of twenty-eight hours, except on continAnimals unload, gencies herein before stated. Animals so unloaded shall be properly

fed, watered, and sheltered during such rest, by the owner or person having the custody thereof, or, in case of his default in so doing, then the railroad company transporting the same, at the expense of said owner or person in custody thereof; and said company shall in such case have a lien upon such animals for food, care, and custody

furnished, and shall not be liable for any detention of such animals Penalty. authorized by this act. Any company, owner or custodian of such

animals, who shall fail to comply with the provisions of this section, shall, for each and every such offense, be liable for, and forfeit, and pay a penalty of not less than one hundred nor more than five hundred dollars: Provided, however, That when animals shall be carried in cars in which they can and do have proper food, water, space, and opportunity for rest, the foregoing provisions in

regard to their being unloaded shall not apply. Arrest of persons Sec. 5. Persons found violating any of the provisions of this act violating provis. ions of this act

may be arrested and held without warrant, in like manner as in the case of persons found breaking the peace, and it shall be the duty of the person making the arrest to seize all animals and fowls found in the keeping or custody of the person arrested, and which

are then being used, or held for use in violation of any of the proviAnimals seized sions of this act, and the person making such seizure shall cause pound-master. such animals or fowls to be at once delivered to a pound-master of

the town, village, or city in which the same may be, and it shall be the duty of such pound-master to receive such animals or fowls, and to hold the same and proceed in regard to them in all respects as

provided by law in other cases of animals impounded, Issuing warrant Sec. 6. When complaint is made, on oath or affirmation, to any on complaint.

magistrate authorized to issue warrants in criminal cases, that the complainant believes that any of the provisions of this act are being, or are about to be violated in any particular building or place, such magistrate, if satisfied that there is reasonable cause for such belief, shall issue and deliver a search warrant to any sheriff, deputy sheriff, constable, or public officer, authorizing him to search such building or place and to arrest any person or persons engaged in violating any of the provisions of this act, as well as any person or persons there present, and aiding or abetting therein, and to bring such person or persons before some magistrate of competent jurisdiction,

and seizure of animals.

to be delivered to

to be dealt with according to law. Such officer shall, at the same Duty of officer. time, seize and bring to said magistrate every article or instrument found in said building or place especially designed or adapted to torture or inflict wounds upon any animal or to aid in the fighting or baiting of any animal; and unless within ten days after the trial of the person or persons so arrested, the owner of said article or instrument shall show, to the satisfaction of said magistrate, that the same is not designed or adapted to the wounding or torture of animals, or if so designed or adapted, is not intended to be used or employed for such purpose, the magistrate shall destroy such article or instrument.

Sec. 7. Any society incorporated in this State for the purpose of Incorporated preventing cruelty to animals may designate one or more persons in societo paydo each county of the State to discover and prosecute all cases of the ho appointeil violation of the provisions of this act; and it shall be the duty of etc. the sheriff of such county to appoint each person so designated a deputy sheriff, provided such person shall be of good moral character, and each person so appointed by the sheriff shall possess all the powers of a sheriff of the county in the enforcement of the provisions of this act. The sheriff, however, shall not be respon- Sheriff not liablo sible for any of the acts of such person or persons, but the society, deputy. if incorporated, and if not, then the officers and members of the society, on the request of which such person was appointed, shall be liable in the degree of a principal for the acts of an agent.

Sec. 8. It shall also be the duty of all sheriffs, deputy sheriffs, Duty of public coustables, policemen, and public officers, to arrest and prosecute all persons of whose violation of the provisions of this act they may have knowledge or reasonable notice, and for each neglect of such duty, the officer so offending shall be deemed guilty of a misdemeanor.

SEC. 9. It shall be the duty of all prosecuting attorneys to repre- Duty of prosecusent and prosecute in behalf of the people within their respective prosecuteneya to counties all cases of offenses arising under the provisions of this act.

Sec. 10. In this act the word "animal” or “ animals” shall be Words "ani. held to include all brute creatures, and the words “owner,” “ per- etc., what to in. son,” and “whoever” shall be held to include corporations as well clude. as individuals, and the knowledge and acts of agents of and persons employed by corporations in regard to animals transported, owned, or employed by, or in the custody of such corporations, shall be held to be the acts and knowledge of such corporations.

Sec. 11. An act entitled “An act for the more effectual preven- Acts repealed. tion of cruelty to animals," approved April fifteen, eighteen hundred and seventy-one, and act number twenty-five of the session lars of eighteen hundred and seventy-three, approved March twelfth, eighteen hundred and seventy-three, are hereby repealed. Approved April 25, 1877.

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