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railroad com pany.

pany to maintain

track.

Acquiring right this act, where the same crosses any railroad, the same proceedings of white or range of shall be had in relation to acquiring the right of way across such

railroad company's right of way, as in other cases; and such railroad company shall be entitled to receive, as its damages for such right of way, the actual value of the land taken for such crossing, and where any highway may have been, or shall hereafter be laid

out and established across any railroad, the company operating Railroad com. such railroad, shall, at its own expense, open, construct, and mainhighway across

tain such crossing in a safe condition for the passage of teams, by making suitable approaches to and across its right of way, and track, and such cattle guards, fences, and other protections suita

ble and sufficient to prevent cattle and other animals from getting Upon whom on such railroad. The commissioner may serve a written notice on notice requiring opening, etc.,

any person in charge of the ticket, or freight office (of said comserved. pany) nearest to such crossing, requiring such opening and con

struction (of such crossing, approaches, cattle guards, fences, and

other protections), within thirty days from and after the service of Penalty for such notice, and in default of complying with the requirements of ply with notice. such notice, such company shall be liable to a penalty of ten dol

lars per day for each and every day thereafter of its default, and
shall be liable for all damages that may result to any person, or
property, in consequence of its neglect to comply with the require-
ments of this section.
Approved June 6, 1883.

, .

failure to com

[ No. 167. ]

AN AOT to promote public health. Practice of medi- SECTION 1. The People of the State of Michigan enact, That from cino and surgery and after this act shall take effect, it shall not be lawful for any regulated, etc.

person to practice medicine or surgery, or any branch thereof (except dentistry), in this State without having the qualifications required in the provisions of this act, and without having first

registered in the office of the county clerk as provided in this act. Qualifications SEC. 2. The necessary qualifications to practice medicine in this to practice.

State shall be:

First, That every person who shall have actually practiced medicine continuously for at least five years in this State, and who is practicing when this act shall take effect, shall be deemed qualified to practice medicine in this State, after having registered in the office of the county clerk as provided by this act;

Second, Every graduate of any legally authorized medical college in this State or in any one of the United States, or in any other country, shall be deemed qualified to practice medicine and

surgery in all its departments, after having registered as provided Proviso. in this act: Provided, That the provisions of this act shall not be

construed so as to prohibit any student or under-graduate from practicing with and under the instruction of any person legally qualified to practice medicine and surgery under and by the pro

make out list of

visions of this act: Provided, That every person qualified to Idem.
practice medicine and surgery under the provisions of this act,
shall, within three months after this act shall take effect, file with
the county clerk of the county wherein he has been engaged in
practice, or in which he intends to practice, a statement sworn to
before any officer authorized to adıninister oaths in said county,
setting forth, first, if he is actually engaged in practice in said
connty, the length of time he has been engaged in such continu-
ous practice, and if a graduate of any medical college, the name of
the same and where located, when he graduated, and the length of
time he attended the same, also the school of medicine to which he
belongs. And if he is a student or under-graduate, the length of
time he has been engaged in the study of medicine, and where, and
if he has attended a medical college the name of the same, and
where located, and the length of time so attended and when, also
the name and residence of the physician under whose instruction
he is practicing or intends to practice. It shall be the duty of the
county clerk of each county in this State to record in a book to be
provided by the county, the affidavit (or sworn statement) of every
physician practicing in said county. For recording each statement
the county clerk shall receive fifty cents, to be paid by the person
filing the same.

SEC. 3. It shall be the duty of the supervisor, at the time of supervisor to making the annual assessment in each year, to make out a list of

physicians, all the physicians and each student practicing under the instruction students, otc. of a preceptor residing within his township, village, ward, or city, with the name, age, sex, and color of each and the length of time each has been engaged in practice, and if a graduate of a regularly established and reputable college, the name of the college, and the date of graduation. Such list shall be returned by the supervisor to the township, village, or city clerk, and by the clerk recorded in the book in which are kept the records of the local board of health.

Sec. 4. No person who practices medicine, surgery, or midwifery, No person shall in any of their branches (except dentistry), shall be able, in any services rendered of the courts of this State, to collect pay for professional services unless daly

qualified, etc. rendered subsequent to the time that this act shall take effect, unless he was, at the time such professional services were rendered, duly qualified and registered as a medical practitioner according to the several provisions of this act.

SEC. 5. The supervisor, township, village or city clerk is hereby Oaths. authorized to admininister the oaths required by this act.

SEC. 6. Whoever advertises or holds himself out to the public as Penalty for pracauthorized to practice medicine or surgery, in this State, when in testamentet er med. fact he is not so authorized under the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be liable to a fine of not less than five dollars nor more than fifty dollars for each offense.

SEC. 7. It shall be the duty of the supervisor and health officer Enforcement of the local board of health in each township, village, ward, or city, to enforce this act.

Approved June 6, 1883.

of act.

bons, etc., as

[ No. 168. ] AN ACT to amend section forty-two, of chapter one hundred and

seventy-eight, of the compiled laws of eighteen hundred and seventy-one, being compiler's section five thousand two hundred

and ninety, relative to justices' courts. Section

SECTION 1. The People of the State of Michigan enact, That amended,

section forty-two, of chapter one hundred and seventy-eight, of the compiled laws of eighteen hundred and seventy-one, being compiler's section five thousand two hundred and ninety, relative to justices' courts, be and the same is hereby amended so as to read as

follows: Summons of per. (5290.) SEC. 42. That any person or corporation indebted to the garnishee in defendant in any attachment suit, or who has any property or attachment.

effects belonging to said defendant, may be summoned as a

garnishee of such defendant in such attachment proceedings. The Proceedings proceedings against the garnishee shall be conducted in the managainst garnishee. ner prescribed in chapter two hundred and two of the compiled

laws of eighteen hundred and seventy-one, and the amendments

thereto, now or hereafter passed. Such garnishee proceedings may menced.

be commenced simultaneously with the issuing of the writ of attachment, or while such attachment suit is pending, and shall be deemed auxiliary to the proceedings in attachment, but shall be

entered separately upon the justice's docket, the same as in other Judgment. garnishee cases. If the disclosure shows that the garnishee

js indebted to the defendant in attachment, or that such garnishee has any money, property, credits, or effects in his or its hands, or under his or its control, the plaintiff in attachment shall be entitled to judgment in such attachment proceedings the same as in the case of property attached, and shall also be entitled to judgment against the garnishee as in other cases.

Approved June 6, 1883.

When com.

[blocks in formation]

[ No. 169. ] AN ACT to amend section one, chapter one hundred and fifty

three, of the compiled laws of eighteen hundred and seventy-one, being compiler's section four thousand three hundred and nine, relative to title to real property by descent.

SECTION 1. The People of the State of Michigan enact, That section one, of chapter one hundred and fifty-three, of the compiled laws of eighteen hundred and seventy-one, being compiler's section four thousand three hundred and nine, relative to title to real property by descent, be amended so as to read as follows:

(4309.) SECTION 1. When any person shall die seized of any lands, tenements, or hereditaments, or of any right thereto, or entitled to any interest therein, in fee simple, or for the life of another, not having lawfully devised the same, they shall descend, subject to his debts, in manner following:

How land, etc.,
to descend.

First, In equal shares to his children, and to the issue of any Idem, deceased child by right of representation; and if there be no child of the intestate living at his death, his estate shall descend to all his other lineal descendants; and if all the said descendants are in the same degree of kindred to the intestate, they shall share the estate equally, otherwise they shall take according to the right of representation;

Second, If he shall leave no issue his estate shall descend to his widow, during her natural lifetime, and after her decease to his father and mother in equal shares, and if there be no mother, then to the father alone, and if he shall leave no issue or widow, his estate shall descend to his father and mother in equal shares, and if there be no mother then to the father alone;

Third, If he shall leave no issue, nor widow, nor father, onehalf of his estate shall descend to his mother, and the remainder in equal shares to his brothers and sisters, and to the children of any deceased brother or sister, by right of representation;

Fourth, If the intestate shall leave no issue, nor widow, nor father, and no brother nor sister living at his death, his estate shall descend to his mother, to the exclusion of the issue, if any, of deceased brothers or sisters;

Fifth, If the intestate shall have no issue, nor widow, and no father, mother, brother, nor sister, his estate shall descend to his next of kin in equal degree, excepting that when there are two or more collateral kindred in equal degrees, but claiming through different ancestors, those who claim through the nearest ancestor shall be preferred to those claiming through an ancestor more remote: Provided, however,

Sixth, If any person shall die leaving several children, or leaving Proviso. one child and the issue of one or more other children, and any such surviving child shall die under age, and not having been married, all the estate that came to the deceased child by inheritance from such deceased parent shall descend in equal shares to the other children of the same parent, and to the issue of any such other children who shall have died, by right of representation;

Seventh, If at the death of such child, who shall die under age and not having been married, all the other children of his said parent shall also be dead, and any of them shall have left issue, the estate that came to said child by inheritance from his said parent shall descend to all the issue of other children of the same parent; and if all the said issue are in the same degree of kindred to said child, they shall share the said estate equally, otherwise they shall take according to the right of representation;

Eighth, If the intestate shall leave a widow and no kindred, his estate shall descend to such widow;

Ninth, If the intestate shall leave no widow nor kindred, his estate shall escheat to the people of this State for the use of the primary school fund.

Approved June 6, 1883.

fire escapes.

escapes.

fire escapes.

[ No. 170.] AN ACT to provide for the construction of fire escapes from hotels,

boarding and lodging houses, also to afford the necessary escape from fire in business places, and in buildings used for public and

private assemblages. Owners, etc., of SECTION 1. The People of the State of Michigan enact, That it hotels, etc., to provide

shall be the duty of the owner, proprietor, lessee, or keeper of any hotel, or public inn, more than two stories in height, to provide suitable ladders, or other safe fire escapes, from each and every story above the ground floor of such hotel or public inn, such ladders or fire escapes to be always accessible from each floor above the second

story and each room thereon of such building. Owners, etc., of SEC. 2. It shall be the duty of the owner, proprietor, or lessee of factories, etc., to provide fire any building, factory, mill, warehouse, or workshop, more than two

stories in height, where male or female help is employed above the second story in such building, to provide suitable ladders, or such other fire escapes as may be deemed necessary, for the escape of such help or other persons occupying such building, in cases of fire,

as provided in section four of this act. Owners, etc., of SEC. 3. It shall be the duty of every owner, proprietor, lessee, or etc., to provide manager of any opera-house, theater, public hall, place of amuse

ment or entertainment, or any place used for public or private assemblages, to provide all necessary and accessible fire escapes for the safety of the patrons and occupants of such places, in accordance with the provisions of section four of this act.

SEC. 4. It shall be the duty of the board of building inspectors, of building inspectors in created by act number two hundred and twenty-six, of the public

acts of eighteen hundred and seventy-nine, entitled “ An act to provide for the safety of persons attending public assemblies," as amended by act number forty-one, of the public acts of eighteen hundred and eighty-one, to examine from time to time, at least once in each year, within their respective jurisdictions, any and all such places mentioned in the preceding sections of this act, and to submit without delay to their respective township or village boards, or common council, as the case may be, such recommendations, in addition to the provisions and requirements of this act, as they may deem proper and necessary for the protection against fire, and the escape therefrom, in the several places named in the preceding sections of this act.

SEC. 5. It shall be the duty of the township or village boards, or ship boards, etc.

common council, as the case may be, on receiving such report, to direct all such needful alterations and additions to such places as recommended for the safety and escape from fire to be made within such reasonable time as they may determine, by causing a written notice to be served on the owner, proprietor, manager, lessee, or keeper of such several places, stating therein fully the alterations and additions to be made, and the time for their completion. The expenses incurred in providing such ladders or fire escapes, or in making such needful alterations or additions, shall be paid by the owner of such places.

Duties of board

reference to.

Duties of town.

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