When costs not allowed defendant.

SEC. 24. In every case of a prosecution against any person for the recovery of any penalty given in this chapter, no costs shall be allowed to the defendant if it shall appear that before the commencement of the prosecution such defendant had refused to produce or display his license or to disclose his name, when lawfully required.

Approved June 1, 1905.

When lawful to take with net.

Proviso.

[No. 159.]

AN ACT to provide for the lawful taking of cisco fish in the waters of Brown's lake, in Jackson county.

SECTION 1. It shall be lawful for any person, from October fifteen to November fifteen, both inclusive, to take cisco fish in the waters of Brown's lake, in Jackson county, by means of legal mesh net: Provided, That the taking of such cisco fish shall in no way interfere with or destroy other fish proFurther proviso. tected under the laws of this State: And provided further, That the meshes in said nets authorized to be used under the provisions of this act, shall, in no case, be less than one and one-half inches.

Not to be sold.

SEC. 2. Any cisco fish taken lawfully in Brown's lake between the dates hereinbefore provided, may be retained by the person or persons so taking them, but shall not be sold or offered for sale.

This act is ordered to take immediate effect.
Approved June 1, 1905.

Books subject

to inspection of

[No. 169.]

AN ACT to provide for the inspection and examination by the Attorney General of books, papers and documents in the custody or control of any railroad company.

The People of the State of Michigan enact:

SECTION 1. That whenever the State of Michigan, or any attorney general. officer on its behalf, is either plaintiff or defendant in any action, suit or proceeding at law or in equity now or hereafter defended or prosecuted by any railroad company organized or existing by or under any law of this State, the books, papers

and documents belonging to or in the custody or control of any such railroad company, whether plaintiff or defendant, or in the custody or control of its successor, whether formed under section six thousand two hundred twenty-five of the Compiled Laws of eighteen hundred ninety-seven, or otherwise, shall so far as such inspection and examination is necessary to enable the Attorney General either to plead or prepare for the trial or hearing of such suit, action or proceeding, be subject to the inspection and examination of the Attorney General and of his assistants and clerks, when acting under his instructions.

SEC. 2. The right of the Attorney General, and of his How enforced. clerks and assistants as aforesaid, to such inspection and examination may be enforced by an order made in such action, suit or proceeding on the motion or petition of the Attorney General, or by mandamus issued by any court of competent jurisdiction.

to specify in

SEC. 3. It shall not be necessary in any proceeding for an Not necessary order or for a mandamus, under this act, to specify in detail detail. and with particularity, the books, papers and documents sought to be examined and inspected. It shall be sufficient in all cases to designate generally, such books, papers and documents.

tecum no de

SEC. 4. It shall be no defense or answer to any motion or Subpoena duces petition or to an application for a mandamus under this act, fense. that the production of such books, papers and documents can be procured by subpoena duces tecum; or that the railway company having the custody or control of such books, papers or documents is willing to furnish copies, excerpts from or compilations of such books, papers or documents, or that such railway company against whom such order or mandamus is sought to be obtained, is not a party to such action, suit or proceeding.

for protection

SEC. 5. The court making such order or allowing such Court to provide mandamus shall provide for the protection of the rights of the of rights of parties concerned in the inspection and examination of the parties. books, papers and documents under this act.

cause, etc., upon

SEC. 6. Any notice of motion, petition or order to show Notice to show cause why a mandamus shall not issue under this act may be whom served. served upon the general attorney, or upon any officer of such

railroad company.

This act is ordered to take immediate effect.
Approved June 1, 1905.

Section amended.

Application for registration.

[No. 161.]

AN ACT to amend section three of act number two hundred thirty-seven of the public acts of eighteen hundred ninetynine, entitled "An act to provide for the examination, regulation, licensing and registration of physicians and surgeons, and for the punishment of offenders against this act, and to repeal acts and parts of acts in conflict therewith," as amended by act number one hundred ninety-one of the public acts of nineteen hundred three.

The People of the State of Michigan enact:

SECTION 1. Section three of act number two hundred thirty-seven of the public acts of eighteen hundred ninetynine, entitled "An act to provide for the examination, regulation, licensing and registration of physicians and surgeons, and for the punishment of offenders against this act, and to repeal acts and parts of acts in conflict therewith," as amended by act number one hundred ninety-one of the public acts of nineteen hundred three, is hereby amended so as to read as follows:

SEC. 3. On and after the date of the passage of this act, all men and women who wish to begin the practice of medicine and surgery in any of its branches in this State, shall make application to the State Board of Registration in Medicine, to Certificate, when be registered and for a certificate of registration. This registration and certificate shall be granted to such applicants as shall give satisfactory proofs of being twenty-one years of age and of good moral character, but only upon compliance with at least one of the following conditions contained in subdivisions one, two and three of this section:

granted.

Examination, subjects, etc.

How conducted.
Fee.
Proviso.

Certain applicants, how examined.

First, The applicant shall be registered and given a certificate of registration if he shall satisfactorily pass an examination before the board upon the following subjects: Anatomy, physiology, chemistry, pathology, materia medica and therapeutics, toxicology, histology, practice of medicine, surgery, obstetrics, gynaecology, mental and nervous diseases, diseases of the eye, ear, nose and throat, bacteriology, hygiene, public health laws of Michigan and medical jurisprudence; said examination to be conducted as follows:

(a) The applicant shall pay a fee of twenty-five dollars prior to examination: Provided, That the examination fee for graduates of any medical school in the State of Michigan, approved by said board shall be the sum of ten dollars.

(b) The examination shall be in writing, oral or both. (c) The questions on all subjects, except in materia medica and therapeutics and practice of medicine, shall be such as may be answered alike by all schools of medicine.

(d) The applicant shall, if possible, be examined in materia medica and therapeutics and practice of medicine by

those members of the board or by a qualified examiner appointed by the board belonging to the same school as the applicant, and no applicant shall be rejected because of his adherence to any particular system of practice.

pass.

diploma.

preliminary

(e) An average percentage of at least seventy-five per Percentage cent of correct answers shall be required from every candi- required to date. No additional fee shall be charged by this board for the registration of those who successfully pass such examination: Provided, however, That such applicant for examina- Proviso as to tion shall have a diploma from a legally incorporated, regularly established and reputable college of medicine within the states, territories, districts and provinces of the United States or within any foreign nation (provided such foreign nation accord a like privilege to graduates of approved medical colleges of this State) having at least a four years' course of seven months in each calendar year, as shall be approved and designated by the Board of Registration in Medicine: Also provided, That such applicant shall have, previous to Proviso as to the beginning of his course in medicine, a diploma from a education. recognized and reputable high school, academy, college or university, having a classical course, or shall pass an examination equivalent at least to the minimum standard of preliminary education adopted and published by the board before examiners appointed by and in accordance with the regulations of aforesaid board, and at such time and place as the board may designate: Provided, A student entering a Proviso. college in Michigan, having a preliminary examination of a standard approval by the Board of Registration in Medicine shall not be required to take this examination: Provided, Proviso as to That this requirement of preliminary education shall not college. apply to those students who, on the date of the passage of this act, were regularly registered as students of legally organized and reputable medical colleges approved by said board: And provided, also, That the requirement of medical Proviso as to education shall not apply to those graduates of legally or ganized and reputable medical colleges approved of by said board who had graduated from such colleges, previous to the date of the passage of this act; and students complying with other provisions of this section, who on January first of the present year were regularly registered as students of legally organized and reputable medical colleges of this State, approved of by said board, may obtain a certificate of registration as graduates of such colleges and without examination by the board upon payment of a fee of ten dollars. The Board Board to adopt of Registration in Medicine shall, from time to time, adopt standard. and publish a minimum standard of medical education, and no medical college shall be approved and designated by said board under this subdivision one, of section three, unless, in the judgment of the board, it conforms with such standard; Second. The applicant shall be registered and given a cer- Applicants tificate of registration if he shall present a certified copy or certificates.

students in

graduates.

minimum

having foreign

Proviso.

Fee.

Certificates of other states.

Proviso.

Penalty for unlawfully obtaining

certificate.

Penalty for

certificate of registration or license which has been issued to said applicant in any foreign nation where the requirements of registration shall be deemed by said Board of Registration in Medicine to be equivalent to those of this act: Provided, Such country shall accord a like privilege to holders of certificates from this board. The fee for registration from applicants of this class shall be twenty-five dollars;

Third, The applicant shall be registered and given a certificate of registration if he shall present a certified copy of certificate of registration or license which has been issued to said applicant within the states, territories, districts or provinces of the United States where the requirements for registration shall be deemed by the Board of Registration in Medicine to be equivalent to those of this act, and shall otherwise conform to the rules and regulations agreed upon between the State Board of which he is a licentiate and said board relative to the recognition and exchange of certificates between states: Provided, Such state shall accord a like privilege to holders of certificates from this board. The fee for registration from applicants of this class shall be twenty-five dollars;

Fourth, If any person shall unlawfully obtain and procure himself to be registered under this section, either by false and untrue statements contained in his application to the Board of Registration in Medicine, or by presenting to said board a false or untrue diploma or license, or one fraudulently obtained, he shall be deemed guilty of a felony, and on conviction thereof shall be punished by a fine not less than three hundred dollars nor more than five hundred dollars, or imprisonment at hard labor for not less than one year, nor more than three years, or both, at the discretion of the court, and shall forfeit all rights and privileges obtained or conferred upon him by virtue of such registration as a physician or

surgeon;

Fifth, Any person who shall swear falsely in any affidavit false swearing, etc. or oral testimony made or given by virtue of the provisions of this act, or the regulations of the Board of Registration in Medicine, shall be deemed guilty of perjury, and upon conviction thereof shall be subject to all the pains and penalties of perjury;

When board may revoke or refuse

Sixth, The Board of Registration in Medicine shall refuse to to issue certificate, issue a certificate of registration provided for in this section to any person guilty of grossly unprofessional and dishonest conduct of a character likely to deceive the public, and said board shall, after due notice and hearing, revoke a certificate issued subsequent to the date of the passage of this act, or subsequent to the date of the passage of act number two hundred thirty-seven of the public acts of eighteen hundred ninety-nine, for like cause or for offenses involving moral turpitude, habitual intemperance, the drug habit, or for fraud or perjury in connection with obtaining of a certificate of registration, when such offenses shall have been legally estab