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of State with one copy each; also two hundred copies for deposit in the office of the Secretary of State for future disProviso as to size. tribution: Provided, That such reports shall not exceed six hundred pages of the size of pages of the report for the year eighteen hundred ninety-five.

Approved May 4, 1905.

What evidence may be introduced by defendant.

To what actions applicable.

Repealing clause.

[No. 94.]

AN ACT to regulate the introduction of evidence in actions brought for the recovery of damages for libel.

The People of the State of Michigan enact:

SECTION 1. On actions brought for the recovery of damages for libel in this State, it shall be competent for the defendant or defendants in such action to show in evidence upon the trial of such action that the plaintiff in such action has heretofore recovered a judgment or judgments for damages in an action or actions for a libel or libels to the same, or substantially the same purport or effect as the libel for the recovery of damages for which such action has been brought, or that the plaintiff in such action has theretofore brought an action or actions for such a libel or has received or agreed to receive compensation for such a libel.

SEC. 2. The provisions of this act shall apply to the trial of actions now pending as well as to the trial of actions which may hereafter be brought.

SEC. 3. All acts or parts of acts in anywise contravening
any of the provisions of this act are hereby repealed.
This act is ordered to take immediate effect.
Approved May 4, 1905.

Amount of appropriation.

[No. 95.]

AN ACT to provide for the expenses and publication of the collections of the Michigan Pioneer and Historical Society, making an appropriation therefor and providing a tax to meet the same, for the fiscal years ending June thirtieth, nineteen hundred six, and June thirtieth, nineteen hundred

seven.

The People of the State of Michigan enact:

SECTION 1. There is hereby appropriated from the general fund, to the Michigan Pioneer and Historical Society, the sum of four thousand dollars for each of the fiscal years end

ing June thirtieth, nineteen hundred six, and June thirtieth, nineteen hundred seven, which sum shall be used in the dis- How used. cretion of the executive committee of said society, in collecting, arranging and preserving a library of books, pamphlets, maps, charts, manuscripts, papers, paintings, statuary, and other materials illustrative of and relating to the history of Michigan; in rescuing from oblivion the memory of its early pioneers; in procuring and preserving narratives of their early exploits, perils, privations, hardy adventures, and noble achievements; in collecting materials of every description, relative to the history, genius, progress or decay of our Indian tribes; in exhibiting faithfully the past and present recources [resources] of Michigan; and in collecting for publication historical and other materials relative to and illustrative of the history of the State. Said Michigan Pioneer and Historical Society shall Society shall collect, arrange and prepare the materials for collect, arrange, said volumes for printing, which said volumes in editions of printing. not more than two thousand five hundred copies each, and containing not to exceed seven hundred fifty pages each, shall be printed and published in the kind of type, quality of paper, Style of printing and style of binding and printing as those heretofore published by said society; said printing to be done by the state printer, and binding by the state binder, under the direction and superintendence of said society. The cost in full of said How paid. volumes to be paid from the general fund of the State treasury upon vouchers therefor, approved by the president and secretary of said society, after allowance and audit by the Board of State Auditors.

etc., material for

and binding.

of publications.

volumes.

SEC. 2. The State Librarian shall be the custodian of the State librarian publications of the society, and shall exchange with the pio- to have custody neer and historical societies of domestic and foreign states and governments. The State Librarian shall distribute one Distribution of copy of each volume to each of the school libraries, public libraries and grange libraries in the State of Michigan when authoritatively and officially requested so to do by the officers of said school, public and grange libraries, and one copy to each member of the legislature for the year of publication, if called for by said member. The remainder of said copies of said volumes shall be delivered to and be in the custody and care of the State Librarian, to be sold by said librarian at a price not less than seventy-five cents per copy, and the moneys arising from such sales shall be deposited in the State treasury to the credit of the general fund.

priated, how paid out.

SEC. 3. The several sums appropriated by the provisions Amount approof this act shall be paid out of the general fund in the State treasury to the treasurer of the Michigan Pioneer and Historical Society, at such times and in such amounts as the general accounting laws of the State prescribe, and the disbursing officer shall render his accounts to the Auditor General thereunder.

SEC. 4. From time to time, as the several volumes of the When extra copcollections become exhausted, the society is authorized and is may be printed.

How paid.

No amount to be paid officers.

Salary of clerk, how paid.

How balance used.

directed to cause fifteen hundred copies of each volume to be revised and reprinted, the cost thereof, together with binding, proof reading and everything necessary to perfect the edition, to be paid for by the Board of State Auditors, on presentation of vouchers properly approved by the president and secretary of said society, said books to be disposed of in all respects as the rest of said series is disposed of.

SEC. 5. No part of the sums hereby appropriated shall be paid for services rendered by its officers to the said society, while in the discharge of their official duties. A clerk shall be employed at a salary of one thousand dollars per annum and not to exceed five hundred dollars additional may be expended for necessary assistance, the salaries of which clerk and additional help shall be paid out of the appropriation provided in section one of this act. Such sum or sums of money heretofore appropriated, not expended for the purposes herein before indicated may be used by and under the direction of the executive committee of the said society in procuring and obtaining exhibits and collections to be placed in said society rooms, and for carrying on the work according to the usual manner of historical societies and which may tend towards facilitating the best interests of said society. All Stationery, sup- supplies, stationery, etc., necessarily incident to the carrying

plies, who to furnish.

Amount to be incorporated in State tax.

on of the work of said society shall be furnished by the Board of State Auditors, in the manner now employed in furnishing supplies, stationery, etc., in other State departments.

SEC. 6. The Auditor General shall add to and incorporate in the State tax for the year nineteen hundred five the sum of four thousand dollars, and for the year nineteen hundred six, the sum of four thousand dollars, which, when collected, shall be credited to the general fund to reimburse the same for the money hereby appropriated.

This act is ordered to take immediate effect.
Approved May 4, 1905.

Section

amended.

[No. 96.]

AN ACT to amend section eleven of chapter one hundred eighteen of the revised statutes of eighteen hundred fortysix, being chapter three hundred and section ten thousand eight hundred sixty-two of the Compiled Laws of eighteen hundred ninety-seven relative to the voluntary dissolution of corporations, and of the abatement of suits by and against them.

The People of the State of Michigan enact:

SECTION 1. Section eleven of chapter one hundred eighteen of the revised statutes of eighteen hundred forty-six, being

power of.

business sixteen

section eleven of chapter three hundred and section ten thousand eight hundred sixty-two of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows: SEC. 11. Such receivers shall have all the power and au- Receivers, thority conferred by law upon trustees to whom an assignment of the estate of an insolvent debtor may be made pursuant to the provisions of the one hundred forty-fifth chapter of these revised statutes; and shall also have power to continue the May continue business of such corporation for a period not exceeding six- months, etc. teen months, and to sell the property and assets of such corporation at private sale in the usual course of its business for cash or on the usual terms of credit, or to sell the property of such corporation in distinct parcels or in bulk: Provided, Proviso. That a sale not in the usual course of business shall be made subject to confirmation by the court: And provided further, Further That the court in which such proceeding is pending, may, on proviso. application of any party interested, if convinced that the continuance of such business is not subserving the best interests of the parties concerned, direct the suspension of such transactions and order the sale of the property in bulk or in parcels. This act is ordered to take immediate effect. Approved May 4, 1905.

[No. 97.]

AN ACT to amend section fifteen of an act, entitled "An act to provide for the formation of street railway companies," being act number thirty-five of the public acts of eighteen hundred sixty-seven, approved March five, eighteen hundred sixty-seven, and being chapter ninety-four of Howell's annotated statutes, the same being section six thousand four hundred forty-eight of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan onact:

SECTION 1. Section fifteen of an act, entitled "An act to Section provide for the formation of street railway companies," being amended. act number thirty-five of the public acts of eighteen hundred sixty-seven, approved March five, eighteen hundred sixtyseven, the same being section three thousand five hundred fifty of Howell's annotated statutes, and section six thousand four hundred forty-eight of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows:

company, may

SEC. 15. Any street railway company may also purchase Street railway or acquire, either at public or private sale, whether judicial or purchase, hire, otherwise; or may hire any street railway in any city, village etc.. property of or township owned by any other corporation or company,

another.

May lease, sell and convey its

together with all the real and personal estate belonging thereto, and the rights, privileges and franchises thereof, and may use, maintain, and complete such road, and may use and enjoy the rights, privileges and franchises of such company in the same manner and upon the same terms as the company whose road and franchises, so acquired, might have done; or may road to another. lease, sell and convey its railway, together with the rights, privileges and franchises thereof to any other street railway company subject to such terms and limitations as may be expressed in this act. Every street railway company may also real estate, barns purchase, hold, own, or take upon lease such real estate, barns, stables, buildings, fixtures and property as may be necessary for the use and business of their road; and the whole or any part thereof, together with their railway fixtures, property and appurtenances, rights, privileges and franchises may sell, lease, dispose of, pledge or mortgage whenever the corporation shall deem it expedient so to do: Provided, however, That no company shall, under the provisions hereof, lease, purchase or acquire a competing road.

May purchase,

own, lease, etc.,

etc.

Proviso.

This act is ordered to take immediate effect.
Approved May 4, 1905.

Section amended.

Boards of supervisors, power of.

County farm, etc.

[No. 98.]

AN ACT to amend section eleven of act number one hundred fifty-six of the session laws of eighteen hundred fifty-one, entitled "An act to define the powers and duties of the boards of supervisors of the several counties, and to confer upon them certain local, administrative and legislative pow ers," being section two thousand four hundred eighty-four of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Section eleven of act number one hundred fiftysix of the session laws of eighteen hundred fifty-one, entitled "An act to define the powers and duties of the boards of su pervisors of the several counties, and to confer upon them certain local, administrative and legislative powers," being section two thousand four hundred eighty-four of the Compiled Laws of eighteen ninety-seven, is amended so as to read as follows: SEC. 11. The said several boards of supervisors shall have power, and they are hereby authorized, at any meeting thereof, lawfully held:

First, To purchase for the use of the county any real estate necessary for the erection of buildings for the support of the poor of such county, and for a farm to be used in connection therewith;

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