Adjournment, how obtained. Subsequent adjournment. compiled laws of eighteen hundred and seventy-one, being compiler's section five thousand three hundred and thirty-four, be amended so as to read as follows: (5334). SEC. 86. If either party to the suit shall make it appear to the satisfaction of the justice, by his own oath, or the oath of any other person, that he cannot safely proceed to trial for the want of some material testimony or witness, the justice shall postpone the trial for such reasonable time, and so often as he shall deem it proper, not exceeding in all three months, unless by consent of the parties to such suit, a longer time shall be stipulated therefor in writing, to be signed by the parties or their attorneys and filed with the justice: Provided, That a party claiming an adjournment after a former adjournment has been had shall further make it appear to the satisfaction of the justice, that he has used reasonable diligence to procure such testimony or witness since the last preceding adjournment. Approved May 2, 1877. Section amended. What deemed racing, and pun. ishment therefor. [No. 87.] AN ACT to amend section one of chapter two hundred and fiftythree, being section seven thousand seven hundred and seventyseven of the compiled laws of eighteen hundred and seventy-one, relative to the racing of animals. SECTION 1. The People of the State of Michigan enact, That section one of chapter two hundred and fifty-three, being section seven thousand seven hundred and seventy-seven of the compiled laws of eighteen hundred and seventy-one, relative to the racing of animals, be amended so as to read as follows: (7777.) SEC. 1. All running, trotting, or pacing of horses, or any other animals, for any bet or stakes, in money, goods, or other valuable thing, excepting such as are by special laws for that purpose expressly allowed, shall be deemed racing within the meaning of this chapter, and are hereby declared to be common and public nuisances and misdemeanors; and all parties concerned therein, either as authors, betters, stakers, stake-holders, judges to determine the speed of animals, riders, contrivers, or abettors thereof, shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding one year in the county jail. That the giving of premiums by agricultural and other societies and associations, for the running and trotting of horses at fairs or regularly appointed meetings, shall not be illegal or unlawful. SEC. 2. This act shall take immediate effect. [No. 88. ] AN ACT to amend section five of act number seventy-nine, session laws of eighteen hundred and seventy-three, entitled "An act to provide for the appointment of a commissioner of railroads, and to define his powers, duties, and fix his compensation," approved April ten, eighteen hundred and seventy-three. amended. SECTION 1. The People of the State of Michigan enact, That Section section five of act number seventy-nine, session laws of eighteen hundred and seventy-three, entitled "An act to provide for the appointment of a commissioner of railroads, and to define his powers, duties, and fix his compensation," approved April ten, eighteen hundred and seventy-three, be amended so as to read as follows: office. SEC. 5. Said commissioner shall receive an annual salary of Salary. twenty-five hundred dollars, payable monthly, on the warrant of the Auditor General. He shall hold his office in the State Capitol, Place of holding at Lansing. The incidental expenses of his office, together with all actual cash outlay for railroad fares, shall be audited by the Board of State Auditors. He may appoint a deputy, with the Deputy. approbation of the Governer, for whose official acts such commissioner shall be in all respects responsible, and revoke such appointment at pleasure. Such deputy shall take and subscribe the constitutional oath of office, and shall perform such duties as the commissioner may from time to time prescribe; and in case of the death, resignation, or removal of the commissioner, shall perform the duties of commissioner until a successor shall be appointed; and Salary of deputy. such deputy shall receive an annual salary of one thousand dollars, payable monthly, on the warrant of the Auditor General. SEC. 2. This act shall take immediate effect. Approved May 3, 1877. [No. 89.] AN ACT making an appropriation for the support of the State Public School, and providing for the construction of buildings, and making other improvements to that institution. priated for cur SECTION 1. The People of the State of Michigan enact, That Amount approthe sum of thirty-three thousand dollars be, and the same is hereby rent expenses. appropriated out of the general fund, to meet the current expenses of the State Public School for the year eighteen hundred and seventy-seven, and the further sum of thirty-seven thousand dollars be, and the same is hereby appropriated out of the general fund to meet the current expenses of the State Public School for the year eighteen hundred and seventy-eight; that the further sum of thirty thousand eight hundred dollars or so much thereof as may be necessary, be and the same is hereby appropriated out of the general fund for the following named purposes, for the State Public School for building an engine house, water tower and tanks, for For special pur. fire apparatus, for bathing tanks, for laundry connected with the poses. How paid. Amount raised by tax in 1877 and 1878. engine house, for new boiler and removing the old boilers, ten thousand dollars; for barns and sheds, one thousand dollars; for furniture for the main building, and for one musical instrument, fifteen hundred dollars; for trees, fencing, grading, draining, and sidewalks, one thousand dollars; for repairs and painting, two thousand dollars; for a horse, carriage, cutter, harness, and robes, four hundred dollars; for steam heating apparatus for one school room and the three new cottages, four hundred dollars; for books for the children, three hundred dollars; for farm implements two hundred dollars; for deficit in the accounts for the construction of three cottages last built, for repairs, sewerage, ventilation and furniture, six thousand dollars; and for building one large cottage for sixty children, complete with steam heating apparatus, gas fixtures, plumbing, and furnishing the same, eight thousand dollars. SEC. 2. That the several sums appropriated by the provisions of this act, shall be passed to the credit of the State Public School and paid to the board of control of that institution or its treasurer, at such times, and in such amounts and manner as is now provided by law and by this act, and as may be made to appear to the Auditor General to be necessary. SEC. 3. That one-half of the aggregate sum of the appropriations made by this act, the Auditor General shall add to and incorporate with the tax for the year eighteen hundred and seventy-seven, and the other half of the appropriations made by this act, the Auditor General shall add to and incorporate with the tax for the year eighteen hundred and seventy-eight, which sums when collected, shall be passed to the credit of the general fund. SEC. 4. This act shall take immediate effect. Approved May 3, 1877. Sections amended. [No. 90.] AN ACT to amend sections four and five of an act entitled "An act to amend sections one thousand four hundred and sixty-one, one thousand four hundred and sixty-two, one thousand four hundred and sixty-five, one thousand four hundred and seventysix, one thousand four hundred and eighty, one thousand four hundred and ninety-six, and one thousand five hundred of the compiled laws of eighteen hundred and seventy-one, being sections of an act entitled An act to regulate the manufacture and provide for the inspection of salt," " approved April sixteen, eighteen hundred and seventy-five. 6 SECTION 1. The People of the State of Michigan enact, That sections four and five of an act entitled "An act to amend sections fourteen hundred and sixty-one, fourteen hundred and sixty-two, fourteen hundred and sixty-five, fourteen hundred and seventy-six, fourteen hundred and eighty, fourteen hundred and ninety-six, and and fifteen hundred, of the compiled laws of eighteen hundred and seventy-one, being sections of the act entitled 'An act to regulate the manufacture, and provide for the inspection of salt,'" approved April sixteenth, eighteen hundred and seventy-five, be and the same are hereby amended so as to read as follows: or of salt. ties. SEC. 4. The inspectors [inspector] shall be entitled to receive an Salary and ex. annual salary of fifteen hundred dollars. He shall also be allowed penses of inspect the further sum of five hundred dollars annually, for the expense of providing and furnishing his office, and for clerk hire, stationery, books, printing, and traveling expenses. His deputies shall be enti- salary of deputled to such sums as he may approve, not exceeding in any case the sum of one hundred dollars per month for the time actually employed. All salaries and expenses provided for by this act shall be How paid. retained by the inspector out of the money received under section five of this act, and accounted for and paid out by him as provided in this act; salaries to be paid monthly: Provided, That in case Proviso. the amount of money received for the inspection of salt, according to the provisions of section five, shall not be sufficient to pay the salaries and expenses of the inspector and his deputies, as provided herein, that the amount of such deficiency shall be deducted from said salaries, pro rata to each. each bushel refusal to pay. SEC. 5. Each person, firm, company, and corporation engaged One mill paid for in the manufacture of salt, or for whom any salt shall be inspected, inspected. shall from time to time, as salt is inspected, or offered for inspection, pay on demand to the inspector, or the deputy of the district where the salt is inspected, one mill for each bushel of salt inspected or offered for inspection: Provided, That the same may be required to Proviso. be paid in advance: And provided further, That but one inspection Proviso. fee shall be paid upon the same salt. In case any person, firm, Neglect or company, or corporation shall neglect or refuse to pay such inspection fees, on demand, at his, their, or its office, or manufactory, the party so refusing shall be liable to an action therefor, in the name of the inspector; and the certificate of inspection, with proof of the signature of the inspector or deputy giving the same, shall be prima facie proof of the liability and the extent of liability of the party so in default; and it shall be lawful for the inspector and his deputies to refuse to inspect salt manufactured at the works so in default, until the amount due is paid; all money received by or paid to any Moneys received deputy inspector under this section shall be forthwith paid to the to be paid to inspector. The inspector shall keep just and true accounts of all Inspector shall money received under this section, and an account of the amounts keep accounts. received from or paid by each person, firm, company, and corporation engaged in the manufacture of salt, and all other things appertaining to the duties of the office; and the said books and accounts Books and shall always during office hours, be subject to the inspection and open to inspecexamination of any person who may wish to examine them; shall tion. be deemed the books of the office, and shall be handed over to his successor in office, together with all the money and effects appertaining to the office. SEC. 2. This act shall take immediate effect. Approved May 3, 1877. inspector. accounts to be Section amended. Court may further decree alimony, etc. [No. 91.] AN ACT to amend section twenty-three of chapter one hundred and seventy, compiler's section four thousand seven hundred and fifty-five, of the compiled laws of eighteen hundred and seventyone, relative to divorces. SECTION 1. The People of the State of Michigan enact, That section twenty-three of chapter one hundred and seventy, being section four thousand seven hundred and fifty-five of the compiled laws of eighteen hundred and seventy-one, be amended so as to read as follows: (4755.) SEC. 23. Upon every divorce from the bond of matrimony for any cause except that of adultery committed by the wife, and also upon every divorce from bed and board for any cause, if the estate and effects awarded to the wife shall be insufficient for the suitable support and maintenance of herself and such children of the marriage as shall be committed to her care and custody, the court may further decree to her such part of the personal estate of the husband and such alimony out of his estate real and personal, to be paid to her in gross or otherwise as it shall deem just and reasonable, having regard to the ability of the husband and the character and situation of the parties, and all the other circumstances of the case. Approved May 3, 1877. Penalty for selling liquors to minors. [No. 92. ] AN ACT relative to selling, furnishing, or allowing intoxicating liquors to minors under the age of eighteen years. SECTION 1. The People of the State of Michigan enact, That every person who shall by himself, or by any clerk, servant, agent, or employé, sell, give, or furnish, or cause to be sold, given, or furnished, any intoxicating, spirituous, malt, brewed, or fer.nented liquors, cider, or wine, or any liquor or beverage any part of which is intoxicating, spirituous, malt, brewed, or fermented, to any minor under the age of eighteen years, and every person who shall himself, or by his clerk, servant, agent, or employé, permit or allow any such liquor, cider, wine, or beverage to be sold, furnished, or given to, or to be drank by any such minor, in his or her store, shop, saloon, restaurant, bar-room, or place of business where such liquors or beverages are kept, furnished, or sold, shall be liable for both actual and exemplary damages therefor, to the father, mother, guardian, or master, or any person standing in place of a parent to such minor, in such sum, not less than fifty dollars in each case, as How druggists the court or jury shall determine; except a druggist upon the written request of a parent, guardian, or master of such minor, or upon the written prescription and request of a regular practicing physician: Provided, That the physician making such prescription may sell Proviso. |