Declaration of intention.

Party given preference.

Rights of payer for honor

Where holder

SEC. 175. The notarial act of honor must be founded on a declaration made by the payer for honor, or by his agent in that behalf, declaring his intention to pay the bill for honor, and for whose honor he pays.

SEC. 176. Where two or more persons offer to pay a bill for the honor of different parties, the person whose payment will discharge most parties to the bill is to be given the prefer

ence.

SEC. 177. Where a bill has been paid for honor, all parties subsequent to the party for whose honor it is paid are discharged, but the payer for honor is subrogated for, and succeeds to, both the rights and duties of the holder as regards the party for whose honor he pays and all parties liable to the latter.

SEC. 178. Where the holder of a bill refuses to receive payrefuses payment, ment supra protest, he loses his right of recourse against any party who would have been discharged by such payment.

SEC. 179. The payer for honor, on paying to the holder the amount of the bill and the notarial expenses incidental to its dishonor, is entitled to receive both the bill itself and the protest.

Article VII. Bills in a Set.

SEC. 180. Where a bill is drawn in a set, each part of the set being numbered and containing a reference to the other parts, the whole of the parts constitutes one bill.

SEC. 181. Where two or more parts of a set are negotiated to different holders in due course, the holder whose title first accrues is as between such holders the true owner of the bill. But nothing in this section affects the rights of a person who in due course accepts or pays the part first presented to him.

SEC. 182. Where the holder of a set indorses two or more parts to different persons he is liable on every such part, and every indorser subsequent to him is liable on the part he has himself indorsed, as if such parts were separate bills.

SEC. 183. The acceptance may be written on any part, and it must be written on one part only. If the drawee accepts more than one part, and such accepted parts are negotiated to different holders in due course, he is liable on every such part as if it were a separate bill.

SEC. 184. When the acceptor of a bill drawn in a set pays it without requiring the part bearing his acceptance to be delivered up to him, and that part at maturity is outstanding in the hands of a holder in due course, he is liable to the holder thereon.

SEC. 185. Except as herein otherwise provided, where any one part of a bill drawn in a set is discharged by payment or otherwise the whole bill is discharged.

TITLE III. PROMISSORY NOTES AND CHECKS.

Article I.

SEC. 186.

defined.

A negotiable promissory note within the mean- Promissory note ing of this act is an unconditional promise in writing, made by one person to another, signed by the maker, engaging to pay on demand, or at a fixed or determined future time, a sum certain in money, to order or to bearer. Where a note is drawn to the maker's own order, it is not complete until indorsed by him.

SEC. 187. A check is a bill of exchange drawn on a bank, Check. payable on demand. Except as herein otherwise provided, the provisions of this act applicable to a bill of exchange payable on demand apply to a check.

checks.

SEC. 188. A check must be presented for payment within a Presentment of reasonable time after its issue, or the drawer will be discharged from liability thereon to the extent of the loss caused by the delay.

SEC. 189. Where a check is certified by the bank on which Certified check. it is drawn, the certification is equivalent to an acceptance.

and indorsers

SEC. 190. Where the holder of a check procures it to be When drawer accepted or certified, the drawer and all indorsers are dis- discharged. charged from liability thereon.

liable on checks.

SEC. 191. A check of itself does not operate as an assign- When banks ment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder unless and until it accepts or certifies the check.

SEC. 192. All acts and parts of acts inconsistent with the Repealing clause. foregoing provisions of this act are hereby repealed. Approved June 16, 1905.

[No. 266.]

AN ACT to amend section two thousand one hundred ninetyseven of the Compiled Laws of eighteen hundred ninetyseven, entitled "An act to establish a house of correction for juvenile offenders."

The People of the State of Michigan enact:

amended.

SECTION 1. Section two thousand one hundred ninety-seven Section of the Compiled Laws of eighteen hundred ninety-seven, entitled "An act to establish a house of correction for juvenile offenders," is hereby amended to read as follows:

committed to

SECTION 1. Every male person under the age of sixteen Who may be years and over the age of ten years, who shall be convicted industrial school. before any court or magistrate of competent jurisdiction, for

to age.

Proviso.

any offense punishable by law, by fine or imprisonment, or both, and who in the opinion of the court or magistrate would be a fit subject for commitment to the industrial school for boys, may be sentenced by such court or magistrate to the industrial school for boys until he shall reach the age of Court to certify seventeen years, or until discharged by law, and such court or magistrate shall certify to the superintendent of said industrial school for boys the age of all persons committed, as near as can be ascertained, with cause of commitment, embracing all important facts connected therewith: Provided, That no person under the age of twelve years shall be sentenced to the industrial school for boys as a juvenile disorderly person, or as a truant and disorderly person: Provided further, That all judgments and commitments rendered and made under this act, by police courts and justices of the peace shall, upon the reviewal by the proper circuit or probate judge of the proceedings and testimony taken and had on the trial, be approved; and that if such sentence be disapproved such police court or justice is hereby authorized to pass sentence as in other cases provided by law. Approved June 16, 1905.

Further proviso commitment, etc.

as to approval of

Act repealed.

[No. 267.]

AN ACT to repeal act forty-seven of the public acts of eighteen hundred thirty-eight, entitled "An act to prevent the circulation of bills or tickets of a less denomination than one dollar," approved March twenty-two, eighteen hundred thirty-eight, being sections eleven thousand three hundred fifty-eight and eleven thousand three hundred fifty-nine of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Act forty-seven of the public acts of eighteen hundred thirty-eight, entitled "An act to prevent the circulation of bills or tickets of a less denomination than one dollar," approved March twenty-two, eighteen hundred thirty-eight, being sections eleven thousand three hundred fifty-eight and eleven thousand three hundred fifty-nine of the Compiled Laws of eighteen hundred ninety-seven, is hereby repealed. Approved June 16, 1905.

[No. 268.]

AN ACT prohibiting public presentation for profit of unpublished or undedicated dramatic plays and musical compositions, without the consent of the owner or proprietor thereof, and providing punishment for violation of the provisions of this act.

The People of the State of Michigan enact:

unpublished

SECTION 1. No unpublished, uncopyrighted or undedicated Owners of dramatic play and no unpublished or undedicated musical dramatic plays, composition shall be publicly performed or represented for etc., protected. profit, without consent of the owner or proprietor thereof.

violation.

SEC. 2. Any and all persons, firms and corporations that Penalty for shall cause to be publicly performed or represented for profit any unpublished, uncopyrighted or undedicated dramatic composition, or unpublished or undedicated musical composition, without the consent of the owner or proprietor or who, knowing that such dramatic or musical composition is unpublished or undedicated, and without the consent of its owner or proprietor, permits, aids or takes part in such a performance or representation, shall be guilty of a misdemeanor and, on conviction thereof, shall for each offense be sentenced to pay a fine of not less than ten dollars, and not more than five hundred dollars, or be imprisoned not exceeding three months, or either, or both, at the discretion of the court. Approved June 16, 1905.

[No. 269.]

AN ACT to prevent the defrauding of livery stable keepers.

The People of the State of Michigan enact:

defrauding livery

SECTION 1. Whoever, either directly or indirectly, hires Penalty for from the owner or keeper of any livery stable, any horse, stable keepers. mare, stallion, filly, gelding, pony, mule, hack, carriage, buggy, surrey, wagon, sleigh, sled, or whoever hires a bicycle or automobile, with intent to defraud such owner or keeper, shall be fined not exceeding twenty-five dollars, or imprisonment in the county jail or city workhouse for not exceeding ten days, or both.

to defraud.

SEC. 2. Proof that such person refused to pay for such Proof of intent horse, mare, stallion, filly, gelding, pony, mule, hack, carriage, buggy, surrey, wagon, sleigh, sled, bicycle or automobile, or that he absconded without paying or offering to pay for the

Owner to post copy of act.

same shall be evidence of the fraudulent intent mentioned in the preceding section.

SEC. 3. It shall be the duty of the owner or keeper of every livery stable within this State to keep a copy of this act, printed in large plain English type, posted in a prominent place in the barn or stable where his business is carried on, and no conviction shall be had under this act until it be made to appear to the satisfaction of the court that the provisions of this section have been complied with by the person making the complaint.

Approved June 16, 1905.

Section amended.

When school

district may issue bonds.

Proviso as to amount.

[No. 270.]

AN ACT to amend section one of chapter six of act number one hundred sixty-four of the public acts of eighteen hundred eighty-one, and acts amendatory thereof, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act," being compiler's section four thousand seven hundred seventeen of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan cnact:

SECTION 1. Section one of chapter six of act number one hundred sixty-four of the public acts of eighteen hundred eighty-one, and acts amendatory thereof, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act," being compiler's section four thousand seven hundred seventeen of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows:

(4717.) SECTION 1. Any school district may, by a twothirds vote of the qualified electors of said district present at an annual meeting, or at a special meeting called for that purpose, borrow money, and may issue bonds of the district therefor, to pay for a schoolhouse site or sites, and to erect and furnish school buildings. The district board, or board of edu cation, shall estimate the amount of money necessary to be raised and shall state their estimate in the notices of the annual or special meeting, at which the question of borrowing money and issuing bonds shall be submitted to the people; and at said meeting the voters shall have power to ratify by the vote aforesaid the estimate of the district board, or board of education, or to fix a new limit on the amount to be borrowed and for which bonds may be issued: Provided, That no school district shall issue bonds for an amount greater