title in connection with his name, which in any way represents him as engaged in the practice of dentistry, or who shall advertise or permit it to be done by sign, card, circular, handbill, newspaper or otherwise, that he can or will attempt to perform dental operations of any kind, treat disease or lesions of the human teeth or jaws, or replace lost teeth by artificial ones, or attempt to correct malposition thereof, or who shall for a fee, salary, or other reward, paid or to be paid, either to himself or to another person, perform dental operations of any kind, treat diseases or lesions of the human teeth or jaws, or replace lost teeth by artificial ones, or attempt to correct malposition thereof. But nothing Not appliccontained in this act shall be taken as applying to the acts of able to physicians, legally qualified physicians in the extraction of teeth, in the etc. performance of their duties as such, or to acts of bona fide students of dentistry done in the college building, in the pursuit of clinical advantages while in attendance upon a regu lar course of study in a reputable dental college. Any li- Unlawful to censed dentist, proprietor, partnership, association or cor- employ unporation, owning, running, operating or controlling any dentist. room or rooms, office or dental parlors, where dental work is done, provided or contracted, who shall employ, keep or retain any unlicensed dentist or student as an operator shall be guilty of a misdemeanor and punished as provided in section ten. licensed of examiners, moneys, SEC. 8. Out of the funds coming into the possession of Compensation said board as above specified, the members of said board may how paid, etc. receive as compensation the sum of ten dollars for each day actually engaged in the duties of their office as such examiners and actual necessary expenses. Said expense shall be paid from the fees and assessments received by said board under the provisions of this act, and no part of the salary or expense of said board shall ever be paid out of the State treasury. All moneys received in excess of said per diem al- Excess lowance and mileage as above provided for, shall be held by how Keid. the secretary-treasurer of said board, as a special fund for other expenses of said board and for carrying out the provisions of this act. The secretary-treasurer of said board Secretaryshall, from time to time, give such bond for the faithful dis- treasurer, bond, comcharge of his duties as the custodian of funds of said board pensation. as it may direct. Said board shall appropriate from any fund under its control, a sum of not to exceed five hundred dollars annually as compensation for the services of the secretary-treasurer. practicing SEC. 9. Any person who shall practice, or attempt to Penalty for practice dentistry either as proprietor, employee or assistant, without without having a license, or without having his license re- license. newed as provided by section seven of this act, or without keeping his license in open view in his operating room, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars, or by confinement in the county jail not less then twenty days, or by both such fine and im Prosecuting attorney, duty. Applicants from other tration of. prisonment. It is hereby made the duty of the prosecuting attorney of each county in the State to prosecute every case to final judgment, whenever his attention shall be called to a violation of this act. SEC. 10. An applicant shall be registered and given a states, regis- certificate of registration if he or she present a certified copy of certificate of registration or license which has been issued to said applicant in any other state or foreign country where the requirements for registration shall be deemed by said board to be equivalent to those of this act: Provided, That such country or state shall accord a like privilege to holders of certificates from this board. The fee for registration of applicants of this class shall be ten dollars, to be paid at the time of application. Proviso. Fee. Penalty for filing forged certificate, etc. Act repealed. SEC. 11. Any person filing, or attempting to file, as his own, the diploma or license of another, or a forged affidavit of identification or qualification, shall be deemed guilty of a felony, and upon conviction thereof, shall be subject to such fine and imprisonment as is made and provided by the statutes of this State for the crime of forgery. Act number one hundred forty of the public acts of eighteen hundred eighty-three, and all acts or parts of acts in any way contravening the provisions of this act, are hereby repealed. This act is ordered to take immediate effect. Section amended. [No. 339.] AN ACT to amend section one of act one hundred eleven of the public acts of eighteen hundred eighty-nine, as amended, entitled "An act to protect fish and regulate fishing in the waters of this State, by providing close seasons for certain kinds of fish, by prohibiting the catching of fish in certain specified ways, by prohibiting the catching of fish of certain sizes and in certain waters and for certain purposes, by prohibiting the obstruction of the free passage of fish, and by prohibiting the sale of certain kinds of fish, to protect persons engaged in fish culture, and to repeal inconsistent acts," approved May twenty-four, eighteen hundred eighty-nine. The People of the State of Michigan enact: SECTION 1. Section one of act one hundred eleven of the public acts of eighteen hundred eighty-nine, as amended, entitled "An act to protect fish and regulate fishing in the waters of this State, by providing close seasons for certain kinds of fish, by prohibiting the catching of fish in certain specified ways, by prohibiting the catching of fish of certain sizes and in certain waters and for certain purposes, by prohibiting the obstruction of the free passage of fish, and by prohibiting the sale of certain kinds of fish, to protect persons engaged in fish culture, and to repeal inconsistent acts," approved May twenty-four, eighteen hundred eighty-nine, is hereby amended to read as follows: ful to catch SEC. 1. No persons shall catch or take from any lake, river When unlawor stream of this State by any means whatever, any speckled certain fish. trout, land lock salmon, grayling, California trout, Lockleven trout or steel head trout, from the fifteenth day of August in each year until the fifteenth day of April following thereafter. This act is ordered to take immediate effect. [No. 340.] AN ACT to regulate the practice on appeal in chancery cases. The People of the State of Michigan enact: chancery, SECTION 1. Hereafter appeals in chancery to the Supreme Appeals in Court of this State shall be taken and perfected under the hereafter provisions of this act and not otherwise. how taken. peal, when when not to SEC. 2. Any person conceiving himself aggrieved by the Claim of apdecree of any court in chancery may, within forty days after and where the filing of the decree, claim an appeal from said decree to filed. the Supreme Court of the State of Michigan by filing a written claim of appeal with the register of the court in which the decree complained of was rendered. Final process shall Final process, not issue nor shall any proceeding for the enforcement of issue. said decree be had if said appellant shall file with the aforesaid claim a bond to the opposite party in amount to be fixed by the court in which the decree was rendered, or by any judge thereof or by any circuit court commissioner of the county in which the decree was rendered, signed by one or more sureties to be approved by the court which rendered the decree or in his absence by a circuit court commissioner and conditioned for the diligent prosecution of the appeal, for the payment of costs which may be taxed or which have been taxed in the cause, and for the performance of all relief which the appellant may be required to perform by the final decree entered in said cause upon the appeal. If the written claim In case claim of appeal herein provided for is not filed with the register register. in chancery as aforesaid an appeal may not thereafter be taken from the decree. not filed with Service of transcript on opposite party. Service of copy of amendments, SEC. 3. The party claiming the appeal shall, within sixty days after he shall have filed his claim of appeal as aforesaid, in suits heard in open court, cause a complete typewritten copy to be prepared of the stenographer's notes of the trial and shall, within the said sixty days, serve the aforesaid copy, together with a copy of such exhibits and of such portions of the stenographer's minutes aforesaid, as shall seem to him necessary to the correct disposition of the cause in the Supreme Court and which will hereinafter be called the transcript, upon the opposite party or his solicitor of record in the trial court. Within thirty days after said service the appellee or his solicitor shall cause to be served upon the apexhibits, etc. pellant or his solicitor of record in the trial court, a copy of such amendments as he proposes to the transcript, and also such exhibits as he desires shall be incorporated in the record for transmission to the Supreme Court and shall accompany the said amendments with the original copy of the stenographer's notes previously served upon him together with a notice that the transcript will be settled before the judge who heard the cause or before a circuit court commissioner, if the judge be absent, at some date not less than four nor more than six days from the date of the service of the proposed amendments: Provided, That it shall be lawstatement of ful for the respective parties or their solicitors to agree upon a statement of facts without procuring a copy of the stenographic notes of the trial, and the trial judge or circuit court commissioner aforesaid shall certify to such statement, and said statement so certified shall stand as the transcript settled before the judge as herein before provided for. Proviso, facts. Failure of appellee to serve amendments. SEC. 4. In case of the failure of the appellee to prepare and serve the amendments to the transcript aforesaid the case may be heard in the Supreme Court upon the transcript offered by the appellant, and upon satisfying the trial judge or the circuit court commissioner, in the event of the absence of the trial judge, of due service of the papers required to be served by the appellant in the preceding section upon the appellee or his solicitor as aforesaid, and of the expiration of the time herein limited for the service of amendments by the To certify to appellee the trial judge or circuit court commissioner, in his absence, shall certify to the transcript offered by the appellant as the transcript settled for the cause. transcript offered by appellant. Transcript filed with register of trial court; fee. Duty of register SEC. 5. The transcript certified by the trial judge as having been settled by the parties as provided for in either of the preceding sections shall be filed with the register of the trial court immediately upon such certification and there shall be filed there with the original typewritten copy of the stenographer's notes, and a fee of five dollars shall then be paid to said register. It shall then be the duty of such register to cause copies of all papers filed in the cause and of all reports and testimony returned by circuit court commissioners in the cause to be attached together and returned to the clerk of the Supreme Court within fifteen days after the fil heard in register. ing with said register of said certified transcript and copy of the stenographer's notes, the said original typewriten copy of the stenographer's notes, the transcript certified by the trial judge or circuit court commissioner, as the case may be, and the copies herein before required to be made of other papers filed in the cause, and thereupon the Supreme Court shall become possessed of the said cause, but the jurisdiction of the trial court shall continue for all purposes not connected with the hearing and determination of the appeal. In cases not heard or tried in open court, upon the filing of Cases not the claim of appeal, a fee of five dollars shall be paid to the open court; register in chancery and it shall then be his duty to prepare fee for filing. a copy of all papers filed in the cause, together with the re- Duty of port of the commissioner and of testimony and exhibits returned by such commissioner, attach such copies together and return the same within fifteen days to the clerk of the Supreme Court, and thereupon the jurisdiction of the Supreme Court shall attach to the cause as herein before provided for cases heard in open court. The record upon which the hear- Record, of ing shall be had in the Supreme Court shall consist of all what to conpapers filed in the cause, including the report of the commissioner, the exhibits and testimony taken before the commissioner which are returned to the Supreme Court by the reg ister in cases which are not heard in open court; and in cases heard in open court in addition to all papers filed in the cause, shall consist of the transcript of the stenographer's notes as certified by the trial judge or circuit court commissioner as provided for in section three thereof, and such exhibits as may be certified into the transcript. sist. time by SEC. 6. The trial court or any judge thereof or the Su- Extension of preme Court or any judge thereof may, upon cause shown court or and reasonable notice given, extend the time provided in this judge. act for the preparation, filing or service of any papers herein provided to be prepared, filed or served: Provided, That Proviso, one the time shall not be extended for the taking or perfecting of any appeal so that more time may be consumed thereby than one year from the filing of the decree. This act is ordered to take immediate effect. year. |