Danger signals, etc., to be erected. Barricades, etc., of what to consist, and how made. Who to enforce Misdemeanor. Penalty. Act repealed. [No. 221.] AN ACT to compel parties engaged in securing Ice to erect suitable Danger Signals and Barricades, designating what officials it shall be the duty of to see that the provisions of this act are complied with, and to repeal act number one hundred of the public acts of eighteen hundred seventy-seven, entitled "An act to compel parties engaged in securing Ice to erect Danger Signals," being sections nine thousand one hundred nineteen and nine thousand one hundred twenty of Howell's Annotated Statutes of the State of Michigan and sections eleven thousand five hundred twenty-five and eleven thousand five hundred twenty-six of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. That it shall be the duty of any person or persons who are, or who hereafter may be, engaged in the procuring of ice from any of the streams, ponds or lakes of this State to erect, or cause to be erected, place, or cause to be placed, at or near all places where they shall be cutting ice, suitable danger signals and barricades. Such barricades shall consist of cross bars upon which a pole, rope, chain or rail shall be laid at a height not less than three feet above the ice and shall be placed not less than ten feet from the edge of the opening. SEC. 2. It shall be the duty of the harbor-master at all places where there is such an official having control of a stream or lake within this State, and where there is no such an official having control as aforesaid, it shall be the duty of the supervisor or other assessing officer in whose assessment district such stream or lake is situated to see that the provisions of section one of this act are complied with. SEC. 3. Any person or persons who shall neglect or refuse to comply with the provisions of this act shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by imprisonment in the county jail not more than three months, or by fine not exceeding one hundred dollars, or by both such fine and imprisonment, in the discretion of the court. SEC. 4. Act number one hundred of the public acts of eighteen hundred seventy-seven, entitled "An act to compel parties engaged in securing ice to erect danger signals," being sections eleven thousand five hundred twenty-five and eleven thousand five hundred twenty-six of the compiled laws of eighteen hundred ninety-seven, is hereby repealed. Approved June 1, 1899. [No. 222.] AN ACT to amend act number one hundred and ninety-eight of the public acts of eighteen hundred and seventy-seven, entitled "An act to provide for a tax upon Dogs and to create a Fund for the payment of certain damages for Sheep killed or wounded by them in certain cases," as amended by act number one hundred and seventy-nine of eighteen hundred and ninety-five, being sections fifty-five hundred and ninety-six to fifty-six hundred and five inclusive, compiled laws of eighteen hundred and ninety-seven. The People of the State of Michigan enact: SECTION 1. That act number one hundred and ninety-eight of Act amended. the public acts of eighteen hundred and ninety-seven, entitled "An act to provide for a tax upon dogs and to create a fund for the payment of certain damages for sheep killed or wounded by them in certain cases," as amended by act number one hundred and seventy-nine of eighteen hundred and ninety-five, being sections fifty-five hundred and ninety-six to fifty-six hundren and five inclusive, compiled laws of eighteen hundred and ninety-seven, be and the same is hereby amended so as to read as follows: when ap SECTION 1. The township board of every township and the Dog warden, common council of every city shall, at the first regular meeting pointed. held after the passage of this act and at the first regular meeting held after the first Monday in April in each year thereafter, appoint same suitable elector of the township or city, who shall be known and designated as dog warden, and who shall hold his office until the first day of May in the year following that in which he is appointed, or until his successor is appointed and qualifies. The said dog warden shall take and subscribe To subscribe to the constitutional oath of office and shall make, execute and deliver to the township or city clerk, a bond to the people of the State of Michigan in the sum of five hundred dollars, conditioned upon the faithful performance of the duties of his office. The sufficiency of such bond shall be determined by the board by which the appointment is made. oath and execute bond. SEC. 2. Every person owning or harboring any male dog three Amount of tax months old or over shall pay to the dog warden annually the upon dogs. sum of one dollar for each such dog owned or harbored by him; and every person owning or harboring any female dog three months old or over shall pay to said dog warden annually the sum of three dollars for each such dog. Seventy-five per cent of all sums so received shall be paid over by the dog Per cent tax to warden to the township or city treasurer, respectively, re and retained by said treasurer in a separate fund, subject to orders drawn thereon as provided in sections four, five and six of this act. Said tax shall be deemed to Tax when due. be due and payable by the owner or harborer of any dog on the first day of May in each year or on any be paid treas urer. day thereafter where such dog shall be owned or harbored and until said tax on such dog has been paid, and whenever paid on any dog shall be deemed to be the payment of the tax due on said dog to and including the thirtieth day of April following Tax not to be in the payment. The tax provided for by this act shall not be deemed to be in lieu of any dog license imposed by the ordinances of any city or village, nor shall the payment of such city or village license release any person from the payment of the tax imposed by this act. lieu of dog li cense imposed by cities, etc. Warden to issue receipt for tax. SEC. 3. The dog warden shall give to each person paying the tax on any dog a receipt for the amount paid, which receipt shall bear the date on which payment is made, shall deReceipt to con- scribe the dog on which the tax was paid, and shall be numtain description and number. bered with a serial number and the year, the first receipt given on or after May one, eighteen hundred ninety-nine, being numbered "Number one, eighteen hundred ninety-nine," and successive receipts given thereafter and before May one, nineteen hundred, being given the serial number in the series of eighteen hundred ninety-nine, and the same system of numbering being repeated in each succeeding year. On the first day of each month the dog warden shall deliver to the township or city clerk duplicates of the receipts issued by him during the preceding month. Duplicate receipts to be delivered to clerk. Warden to furn how numbered, etc. SEC. 4. The dog warden shall give to each person paying ish metal label the tax on any dog a metal label that may be securely affixed to a dog collar. Such label shall bear the serial number and year as does the receipt given, and any dog found by the dog warden and which is not wearing a collar bearing the label issued by him for the fiscal year when found, shall be killed by said warden or by any person appointed by him for such servFee for killing ice; and the dog warden shall be entitled to and shall receive dogs. one dollar for each dog so killed within his jurisdiction, to be paid out of the fund created by this act, on allowance of his account therefor by the township board or the common counAccounts to be cil of the city. Such account shall be verified by the oath of the dog warden, and the board or council may require such further proof as is satisfactory to it. verified by oath. Amount of tax retained for compensation. Proviso as to blank receipts. SEC. 5. The dog warden shall retain twenty-five per cent of the dog tax received by him, which shall be his compensation for all services and expenses except his fees for killing dogs on which the tax has not been paid, as provided in the preceding section: Provided however, That the township or city clerk shall provide the said dog warden with suitable receipts for use as provided in section three of this act and the township board or common council shall cause payment therefor to be made from the fund herein created: Provided further, That sections one, certain sections two, three, four and five of this act shall not apply to any city whenever said city has and enforces an ordinance imposing a tax or license fee on every dog owned or harbored in said city, and which provides for payment of damages to sheep by dogs. Proviso as to application of of this act. view sheep SEC. 6. Whenever any person shall sustain a loss by the Justice, etc., to killing or wounding of his sheep or lambs by a dog or dogs, he killed by dogs. may call on a disinterested justice of the peace of the township or city where such killing or wounding occurred, not of kin to such person, and not a member of the township board or city council, who shall proceed to view the sheep or lambs so killed or wounded, and if, from such view, he shall be satisfied that the same were killed or wounded by a dog or dogs, he shall make a certificate thereof in writing, stating the amount of Certificate of damage sustained by such person, and shall deliver the same to the clerk of said township or city, who shall file the same in his office and record it in the records of the township or city. The said justice shall receive for his services in each case the Fees of justice. sum of two dollars, to be paid out of the aforesaid fund, on the order of the township board or proper city officer or officers. damages. damages. SEC. 7. At the annual meeting of the township board in Payment of each year, and at a meeting of the common council of each city in April of each year, the said board or council, as the case may be, shall examine all certificates of damage filed by the clerk, as aforesaid, during the preceding year, and if satisfied that in any case or cases the certified damages are excessive, they may reduce the same to such amount as they may consider just, and may order the payment of all such loss as they may consider just out of the fund aforesaid, if it be sufficient for that purpose, and if not sufficient, they may order a proportionate payment of each claim. If money remains of such fund Apportionment after satisfactory payment of all claims aforesaid in any one year, over and above the sum of one hundred dollars, it shall be apportioned among the several school districts of such township or city in proportion to the number of children therein of school age: Provided, That no payment of loss shall be made Proviso. as provided for in this section unless the party applying for the same shall make it appear to the satisfaction of the township board or common council that he has made all due efforts and has not been able to obtain satisfaction therefor from the owner or owners of the dog or dogs which shall have done the damage. of surplus. cer for neglect SEC. 8. Any township or city officer who shall wilfully neg- Penalty on offilect or refuse to perform any of the duties imposed upon him of duty. by this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars for each offense. days, deemed SEC. 9. Every person in possession of any dog, or who shall Person possesssuffer any dog to remain about his house for the space of fif- ing dog often teen days previous to the assessment of a tax or previous to owner. any injury, chasing, worrying or killing sheep, shall be deemed the owner of such dog for all purposes of this act. Penalty for keeping sheep killing dogs. SEC. 10. Any person or persons who shall knowingly keep any dog known to be a sheep killing dog, or who shall keep any such dog after it shall come to the knowledge of such person that such dog has been engaged in the killing of sheep, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than ten dollars nor more than fifty dollars, or by imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment, in the discretion of the court. Approved June 1, 1899. Section amended. Supervision of and public grounds. Liability for damages sustained on. [No. 223.] AN ACT to amend section seven of chapter seven of act number three of the public acts of eighteen hundred and ninetyfive, entitled "An Act to Provide for the Incorporation of Villages within the State of Michigan and defining their powers and duties," approved February nineteen, eighteen hundred ninety-five, the same being compiler's section two thousand seven hundred seventy-five of the Compiled Laws of eighteen hundred ninety-seven, and to add two new sections thereto to stand as sections sixty-three and sixty-four. The People of the State of Michigan enact: SECTION 1. That section seven of chapter seven of act number three of the public acts of eighteen hundred and ninety-five, entitled "An act to provide for the incorporation of villages within the State of Michigan and defining their powers and duties," the same being compiler's section two thousand seven hundred seventy-five of the compiled laws of eighteen hundred ninety-seven, be and the same is hereby amended, and that two new sections be added to said act to stand as sections sixty-three and sixty-four, so as to read as follows: SEC. 7. The council shall have supervision and control of streets, bridges all public highways, bridges, streets, avenues, alleys, sidewalks and public grounds within the village, and shall have the like authority over the same as is given by the general laws of the State. No village subject to the provisions of this act shall be liable in damages sustained by any person in such village, either to his person or property, by reason of any defective street, sidewalk, crosswalk, or public highway, or by reason of any obstruction, ice, snow or other incumbrance upon such street, sidewalk, crosswalk or public highway, situated in such village unless such person shall serve or cause to be served within sixty days after such injury shall have occurred a notice in writing upon the clerk or deputy clerk of such vil |