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fix a time not less than sixty days, nor more than one year from the date of filing thereof within which the conditions set forth in said notice must be remedied. If within the time When may fixed in said notice, said building, division or department, is not properly repaired or renovated, or new and suitable quarters provided for the inmates thereof, said board shall condemn such county jail, county infirmary, detention place for juveniles, city or village jail, police station or lock-up, or any private incorporated institution for the care and maintenance of the aged or defective, or part, division, or department thereof, by filing a written order with the county clerk Order filed. in the case of a county jail, county infirmary, or detention place for juveniles, with the city clerk in case of a city jail or police station, with the village clerk in the case of a vil lage jail or lock-up, and with any officer of a private incorporated institution for the care and maintenance of the aged

to act.

or defective. It shall be the duty of the county, city or vil- Clerk, duty of. lage clerk with whom such order of condemnation is filed, to file forthwith a copy of such order with the sheriff or acting sheriff in the case of a county jail; with the keeper in the case of a county infirmary; with the chief of police in the case of a city jail or police station; and with the marshal in the case of a village jail or lock-up. Any county, city or Failure, etc., village clerk who shall fail, refuse or neglect to perform any of the duties prescribed by this act, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in a county jail or house of correction for a term of not less than thirty days nor more than ninety days, or both such fine and imprisonment in the discretion of the court. After Transfer of an order of condemnation is filed as aforesaid it shall be inmates. unlawful to confine inmates in the places specified in the said order, and it shall be the duty of the officer or keeper in charge thereof to immediately transfer all inmates therein confined, detained or maintained to some other suitable place, and thereafter not to use such condemned place for confining, detaining or maintaining inmates: Provided, Proviso, That such order of condemnation shall not become effective approved by without the approval of the Governor of the State, or a Justice of the Supreme Court. The board may, with the consent or approval of the Governor, or a Justice of the Supreme Court, for reasons by it deemed sufficient, revoke any order of condemnation, or extend the term for complying with said order not to exceed one year, in addition to the time fixed in the original order. Any sheriff or acting sheriff, chief of police, Misdemeanor. village marshal, keeper of a county infirmary, or any officer of a private incorporated institution for the aged or defective who shall continue to confine, detain or maintain any person or inmates of any of the institutions or places aforesaid after the expiration of ten days from the date of service of the copy of said order upon him by the county, city

governor.

Penalty.

Proviso.

or village clerk, as the case may be, or by the Board of Cor-
rections and Charities in the case of a private incorporated
institution for the care and maintenance of the aged or de-
fective, shall, upon conviction thereof, be deemed guilty of a
misdemeanor, and shall be punished by a fine of not less than
twenty-five dollars, nor more than one hundred dollars, or
by imprisonment in a county jail or house of correction for
a term not less than thirty days, nor more than ninety days,
or both such fine and imprisonment in the discretion of the
court: Provided, That each day that any sheriff, acting
sheriff, chief of police, village marshal, keeper of a county
infirmary, or any officer of a private incorporated institution
for the aged or defective shall confine, detain or maintain
any person or inmate in such condemned place shall con-
stitute a separate and distinct offense.
Approved May 13, 1913.

Candidate

for recount.

[No. 320.]

AN ACT to provide for a recount of votes cast at an election for candidates for office, or proposed amendments to the constitution or any other question or proposition which are canvassed by the Board of State Canvassers.

The People of the State of Michigan enact:

SECTION 1. Any candidate voted for at any election, the may petition votes for which are canvassed by the Board of State Canvassers, who considers himself aggrieved on account of any fraud or mistake in the canvass of the votes by the inspectors of election or the returns made by said inspectors, or of any county or district canvassing board, may at any time prior to four o'clock standard time on the afternoon of the last day upon which the Board of State Canvassers meets for the purpose of canvassing such votes, present to and file with the Secretary of State a written or printed petition which shall be sworn to by such candidate, setting forth as near as may be the nature and character of the fraud or mistakes complained of, and the township, ward and county in which they exist, which petition shall pray for a correction thereof by a recount of the votes cast therein.

Elector may petition for recount on

amendments.

SEC. 2. Any elector in this State who believes that there has been any fraud or error committed by the inspectors of constitutional election in the returns made by said inspectors or of any county or district canvassing board in the canvass of the votes cast upon the question of a proposed amendment to the constitution or any other question or proposition, the votes for which are canvassed by the Board of State Canvassers, may before four o'clock standard time on the after

noon of the last day on which the Board of State Canvassers meets to canvass such votes, present to and file with the Secretary of State a written or printed petition which shall be sworn to by the elector presenting the same and which shall set forth as near as can be, the nature and character of the fraud or error of which complaint is made and the particular township, ward and county in which it is believed that the fraud or error occurs, and such petition shall contain a prayer that a correction thereof be made by a recount of the votes cast therein.

SEC. 3. The candidate or elector presenting such petition Deposit. to the Secretary of State shall at the same time deposit with such officer the sum of one hundred dollars for the first county or part thereof, in which a recount of the votes is demanded, and twenty-five dollars for each additional county or part thereof in which a recount is demanded. In case In case misfraud or mistake as alleged and set forth in any such peti- established. tion is established in one or more counties, the amount paid by such petitioner to the Secretary of State for a recount of the votes cast in the county in which the fraud or mistake is established shall be returned to the petitioner upon the order of the Board of State Canvassers.

take, etc.,

SEC. 4. It shall be the duty of any candidate filing such Notice given. petition and making the deposit herein required, to give notice thereof to the opposing candidate within forty-eight hours after filing same by handing or delivering to such candidate a copy of such petition, or, if such candidate cannot be found, by leaving such copy at his last place of residence. It shall not be necessary for any elector filing a petition for a recount of the votes cast upon the question of proposed amendments to the constitution or other questions or propositions, to give any such notice. It shall be the duty of the Recount. Board of State Canvassers at as early a date as possible after the receipt of such petition and the deposit required, to investigate the facts set forth in said petition and cause a recount of the votes vast in the particular wards and townships in question. The Board of State Canvassers shall have the right and authority to demand and cause the ballot boxes and returns in connection with any such election to be brought before it. The said board shall also have the Where held. right to prescribe the place, when and where the recount of any such votes shall be conducted, which shall be in public. It shall not be necessary for all of the members of said Board of State Canvassers to conduct a particular recount, but each member shall have the right to conduct any such recount when properly designated by the board to the end that the recount may be conducted and the result of the election determined at the earliest possible moment. The Clerks and Board of State Canvassers or any member of the Board of State Canvassers while conducting a recount shall have authority to employ such clerks and assistants as shall be deemed necessary. The said Board of State Canvassers, or

assistants.

and mileage.

any member thereof, shall have the right to require any inspector of election, county officer, or other person, to appear for any such purpose as may be desired, either by the Compensation board, or any member thereof. The persons who at the request of the Board of State Canvassers, or any member thereof appear with the ballot boxes, returns and tally sheets or otherwise, shall receive the same compensation and mileage therefor as is prescribed by law for witnesses. All expenses incurred under authority of this act shall be paid out of the general fund in the State treasury on vouchers, to be approved and audited by the Board of State Canvassers.

Expenses.

To open ballot boxes.

Return made.

completed.

SEC. 5. The said Board of State Canvassers, or any member thereof, shall at the time and place prescribed, where the interested candidates and their counsel, or the representatives of any party or cause can be present, if they so desire, proceed forthwith to open the ballot boxes from the designated townships or wards and make a recount thereof as to such candidates, question or proposition, and make a full, complete and correct return in writing, showing the full number of votes cast, the names of candidates, and the number of votes given to each, or the total number of votes cast for and against any such proposition, written out in When recount words and figures. When the recount is completed the said board, or the member thereof conducting the same, shall at once return the ballots to their respective boxes, carefully fasten and seal the same and deliver them to the officer having the care and custody thereof. Whenever a recount is conducted by a particular member of the said board, it shall be the duty of the member so conducting same to certify the result of such recount to the Board of State Canvassers, which board shall consider the result so certified by the particular member thereof, and certify the result in the manner prescribed. The returns made by the said Board of State Canvassers of any recount shall be deemed to be correct, anything in the return of any board of election inspectors, or any county or district canvassing board to the Not to include contrary notwithstanding. The provisions of this act shall

To certify

the result.

primary election.

not be construed to include a recount of any primary election. Nothing herein contained shall be construed to repeal any action or remedy which may now exist by reference of any action to the courts.

Approved May 13, 1913.

[No. 321.]

AN ACT to amend section three of act number seventy of the Public Acts of eighteen hundred seventy-seven, entitled "An act for the more effectual prevention of cruelty to animals," approved April twenty-five, eighteen hundred seventy-seven, being section nine thousand three hundred ninety-two of Howell's Annotated Statutes, as amended by act number forty-eight of the Public Acts of eighteen hundred ninety-three, approved April twenty-seven, eighteen hundred ninety-three, being section eleven thousand seven hundred forty-one of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

amended.

SECTION 1. Section three of act number seventy of the Section Public Acts of eighteen hundred seventy-seven, entitled "An act for the more effectual prevention of cruelty to animals," approved April twenty-five, eighteen hundred seventy-seven, being section nine thousand three hundred ninety-two of Howell's Annotated Statutes, as amended by act number forty-eight of the Public Acts of eighteen hundred ninetythree, approved April twenty-seven, eighteen hundred ninetythree, being section eleven thousand seven hundred fortyone of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows:

animals.

SEC. 3. Every owner, possessor or person having the Cruelty to charge or custody of any animal, who cruelly drives or works the same when unfit for labor, or who shall carry or cause to be carried on or upon any vehicle or otherwise any live animal having the feet or legs tied together, or in any other cruel and inhuman manner, or shall carry or cause to be carried any live animal in or upon any vehicle or otherwise without providing suitable racks, cars, crates, or cages, in which such animal may stand or lie down during transportation, and while awaiting slaughter, or who shall abandon any diseased, maimed, hopelessly sick, infirm or disabled animal, to die in any place, or who shall wilfully or negligently permit and allow any aged, diseased, maimed, hopelessly sick or disabled animal to suffer unnecessary torture or pain, shall upon conviction thereof be adjudged guilty of a misdemeanor and shall be punished for every such of Penalty. fense in the manner provided in section one of this act. Approved May 13, 1913.

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