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ing at billiards,

cards, etc., for

purpose of gaming.

tive to gaming or betting at cards or dice, be and is amended so as to read as follows:

Penalty for play- (2000.) SEC. 17. If any person shall play at billiards, cards, dice, nine-pins, or any other unlawful game, at any such table or alley kept or used as mentioned in the two last preceding sections, or shall play at cards or dice, for the purpose of gaming or betting upon such cards or dice, at any place within this State, he shall forfeit a sum not less than two dollars nor more than one hundred dollars for each offense.

Section amended

Certificate of sale or record

thereof evidence

sale, etc.

Approved April 24, 1875.

[ No. 123. ]

AN ACT to amend section twelve of chapter seventy-nine of the revised satutes of eighteen hundred and forty-six, being section four thousand six hundred and thirty-nine of the compiled laws of eighteen hundred and seventy-one, relative to sales on execution.

SECTION 1. The People of the State of Michigan enact, That section twelve of chapter seventy-nine of the revised statutes of eighteen hundred and forty-six, being section four thousand six hundred and thirty-nine of the compiled laws of eighteen hundred and seventy-one, be amended so as to read as follows:

SEC. 12. Such certificate shall be recorded in a book to be kept for that purpose by the register of deeds, in whose office the same of regularity of are filed, and the original certificate, or the record thereof, or a transcript of such record, duly certified by the register of deeds, shall be prima facie evidence of the facts therein set forth, and of the regularity of the sale and all proceedings in the cause anterior thereto.

Section amended

Certificate of purchase, what further to set forth.

Approved April 24, 1875.

[ No. 124. ]

AN ACT to amend section four (compiler's section three thousand eight hundred and twenty) of chapter one hundred and fortyfour of the compiled laws of eighteen hundred and seventy-one, relative to university and primary school lands.

SECTION 1. The People of the State of Michigan enact, That section four (compiler's section three thousand eight hundred and twenty) of the compiled laws of eighteen hundred and seventy-one be amended so as to read as follows:

(3820.) SEC. 4. The said certificate shall further set forth that in case of the non-payment of the interest due by the first day of March, or within sixty days thereafter, in each and every year, or of the taxes for the preceding year, within the time aforesaid, by the purchaser or purchasers, or by any person claiming under him or them, then the said certificate shall, from the time of such fail

ure, be utterly void and of no effect, and the said commissioner may take possession thereof and re-sell the same as hereinafter provided. Approved April 24, 1875.

[ No. 125. ]

AN ACT to amend section one of chapter two hundred and sixtysix, being section eight thousand and eighteen of the compiled laws of eighteen hundred and seventy-one, relative to county jails, and the regulation thereof.

SECTION 1. The People of the State of Michigan enact, That Section amended section one of chapter two hundred and sixty-six, being section eight thousand and eighteen of the compiled laws of eighteen hundred and seventy-one, relative to county jails and the regulation thereof, be so amended as to read as follows:

as prisons.

(8018.) SECTION 1. The common jails in the several counties in Jails to be used the charge of the respective sheriffs shall be used as prisons: First, For the detention of persons charged with offenses and duly committed for trial;

Second, For the confinement of persons committed pursuant to a sentence upon conviction of an offense, and of all other persons duly committed for any cause authorized by law; and the provisions of this section shall extend to persons detained or committed by the authority of the courts of the United States, as well as the courts and magistrates of this State.

Approved April 24, 1875.

[ No. 126. ]

AN ACT to amend chapter forty of the compiled laws of eighteen hundred and seventy-one, entitled "Brokers and exchange dealers," being "An act relative to brokers and exchange dealers," approved February eleven, eighteen hundred and fifty-nine, by adding two new sections thereto, to stand as sections six and seven of said act.

SECTION 1. The People of the State of Michigan enact, That Chapter chapter forty of the compiled laws of eighteen hundred and seventy- amended. one be and the same is hereby amended by the addition of the following sections, to stand as sections six and seven of said act:

SEC. 6. No person or firm doing business under this act shall Advertisements, advertise or put up signs, or use any device or contrivance what- signs, etc. ever, tending to convey the impression that the place of business of such person or firm is an organized bank; but in all such cases such person or firm, if they advertise at all, must use their individual or firm name, and state in such advertisement the names of every member of such co-partnership or firm; in case any person Penalty for vioor persons shall violate any of the provisions of this section, they lating provisions shall be deemed guilty of a misdemeanor, and shall each, upon conviction, be punished by a fine of not more than two hundred

of this section.

Proviso.

Penalties,

how collected.

State Auditors

to audit and allow moneys upon proof of collection from

dollars and costs, or by imprisonment of not more than six months in the county jail: Provided, The words "bank," "banking office," or "exchange office," as a sign over the door or on the building, or used on notes, checks, or drafts, in connection with the individual or firm name, shall not be deemed a violation of the foregoing.

SEC. 7. The State Treasurer shall, when his attention is called to violations of any of the provisions of this act, refer the same to the Attorney General, who shall proceed, when warranted by the evidence, to collect the penalties as herein set forth; and all suits or proceedings for the violation of any of the provisions of this act shall be first commenced in the circuit court of the county in which the business office of said person or firm is located. Approved April 24, 1875.

[ No. 127. ]

AN ACT to provide for the payment to railroad companies of certain moneys collected by the agent of the State from trespassers upon the lands of said companies.

SECTION 1. The People of the State of Michigan enact, That the Board of State Auditors be and are hereby directed to audit and allow to the several railroad companies of this State the trespasses, etc. amount of moneys collected, or which may hereafter be collected and paid into the State treasury (less the expenses incident to such collection from trespassers upon lands which were granted by the United States to this State for railroad purposes, by act of June three, eighteen hundred and fifty-six, the title to which has become vested in such companies, upon proof satisfactory to said board, that such moneys were collected from trespasses actually committed upon the lands of such railroad companies, and that the title to such lands has actually become vested in the companies making application for such moneys.

llow moneys to be drawn.

Board of regents authorized to establish.

SEC. 2. When such amount shall have been ascertained and andited, said board shall certify to the Auditor General the amount thereof, who shall draw his warrant upon the State Treasurer, payable to the order of the proper officer of such railroad companies, and the State Treasurer shall pay the same out of the fund to which said moneys may have been credited: Provided, That such companies shall not be indebted to the State for specific State tax or otherwise.

Approved April 27, 1875.

[No. 128. ]

AN ACT for the establishment of a homoeopathic medical department of the University of Michigan.

SECTION 1. The People of the State of Michigan enact, The Board of Regents of the University of Michigan are hereby au

thorized to establish a homoeopathic medical college, as a branch or department of said university, which shall be located at the city of Ann Arbor.

SEC. 2. The Treasurer of the State of Michigan shall, on the Appropriation. first day of January, eighteen hundred and seventy-six, pay out of the general fund, to the order of the treasurer of the Board of Regents, the sum of six thousand dollars, and the same amount on the first day of January of each year thereafter, which moneys shall be used by said Regents exclusively for the benefit of said department.

Approved April 27, 1875.

[ No. 129. ]

AN ACT to amend section five of chapter eighty, being section two thousand six hundred and twenty-nine of the compiled laws of eighteen hundred and seventy-one, relative to the formation of telegraph companies.

ized to construct

SECTION 1. The People of the State of Michigan enact, That Section amended section five of chapter eighty, being section two thousand six hundred and twenty-nine of the compiled laws of eighteen hundred and seventy-one, relative to the formation of telegraph companies, be and the same is hereby amended so as to read as follows: (2629.) SEC. 5. Such association is authorized to enter upon, Where authorand construct, and maintain lines of telegraph through, along, and line of telegraph. upon any of the public roads and highways, or across or under any of the waters within the limits of this State, by the erection of the necessary fixtures, including posts, piers, or abutments for sustaining the cords or wires of such lines: Provided, That the same Proviso. shall not be so constructed as to incommode the public use of said roads or highways, or injuriously interrupt the navigation of said waters; nor shall this act be so construed as to authorize the construction of any bridge across any of the waters of this State: And provided further, That this act shall not be construed to au- Further proviso thorize any such association to injure, deface, tear, cut down, or etc., planted destroy any tree or shrub planted along the margin of any high- along highways way in this State, or purposely left there for shade or ornament. or destroyed. Said association, instead of running or placing their wires on posts, Wires may be may, if they choose, run or place the same under ground, with a ground. suitable or proper covering for the protection of the same; and any part of this act, or any law made or to be made, providing for the appraisement of damages to any person injured by the construction or maintenance of such line or lines, shall be construed to include damages occasioned by the construction of said lines under ground, as provided by this act.

SEC. 2. This act shall take immediate effect.
Approved April 27, 1875.

-trees, shrubs,

not to be defaced

placed under

[ No. 130. ]

Appropriation.

Amount of compensation, and

same.

AN ACT to provide for the payment of the State militia for services rendered, under a call of the Governor, in Marquette and Montcalm counties, in eighteen hundred and seventy-four. SECTION 1. The People of the State of Michigan enact, That there be and hereby is appropriated out of any money in the treasury to the credit of the military fund, a sum sufficient for the payment of the officers, non-commissioned officers, musicians, and privates of the State militia for services rendered under the orders of the Governor, in the year eighteen hundred and seventy-four, in the counties of Marquette and Montcalm.

SEC. 2. Such officers, non-commissioned officers, musicians, and payment of the privates, shall receive such compensation as they would be entitled to under section forty-eight of chapter eighteen of the compiled laws of eighteen hundred and seventy-one. Such compensation shall be audited and allowed by the Auditor General upon the certificate of the commanding officer of the militia rendering such service, approved by the Quartermaster-General. The Auditor General upon auditing and allowing the accounts for such service shall draw his warrant upon the State Treasurer therefor, who is hereby authorized and directed to pay the same.

By payment

State acquires

certain rights which it may

Counties.

SEC. 3. Upon the payment of such sum or sums of money the State of Michigan shall thereby acquire and hold all the rights enforce against (if any), which the parties to whom such payment is made, had or might have had against the counties of Marquette or Montcalm, and shall have the right to take any and all lawful means to enforce said claim against said counties for the services of said officers, non-commissioned officers, musicians, and privates, for the service mentioned in sections one and two of this act. SEC. 4. This act shall take immediate effect. Approved April 27, 1875.

"Public moneys" defined.

Public moneys to

from all other funds.

[No. 131. ]

AN ACT to provide for the safe keeping of public moneys.

SECTION 1. The People of the State of Michigan enact, That all moneys which shall come into the hands of any officer of the State, or of any officer of any county, or of any township, school district, highway district, city or village, or of any other municipal or public corporation within this State, pursuant to any provision of law authorizing such officer to receive the same, shall be denominated public moneys within the meaning of this act.

SEC. 2. It shall be the duty of every officer charged with the be kept separate receiving, keeping, or disbursing of public moneys to keep the same separate and apart from his own money, and he shall not commingle the same with his own money, nor with the money of any other person, firm, or corporation.

How used.

SEC. 3. No such officer shall, under any pretext, use, nor allow to be used, any such moneys for any purpose other than in accord

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