certain coun ties. entire census, together with his affidavit and the affidavits of the several enumerators, and at the same time he shall transmit to said Superintendent of Public Instruction the annual statistical and financial report of said city or district; Fifth, In all school districts in counties having popula- How taken in tion of two hundred fifty thousand or over, the census shall be taken as follows: In all cities of three thousand or over, the census shall be taken in the manner prescribed in the foregoing paragraphs for the taking of census in such cities. In all other districts of said counties the census shall be taken as follows: Within fifteen days next previous to the first day in June of each year, the county commissioner of schools or such other reputable and capable person or persons as he may appoint, shall take the school census of the several districts in the county and make a list in writing of the names and ages of all the children who are five years of age, and under twenty years of age, whose parents or legal guardians reside in the respective districts, the names of said parents or guardians, giving street and residence number in villages and cities, in such form as the Superintendent of Public Instruction may prescribe, and said list shall be verified by the oath or affirmation of the person taking such census, by affidavit appended thereto or endorsed thereon, setting forth that the person or persons taking such census made a house to house canvass of the entire district or portion thereof canvassed by said enumerator and that it is a correct list of the names of all the children between the ages aforesaid residing in the district. Said affidavit may be made before any officer authorized by law to take acknowledgments; and said verified census list shall be filed in the office of the county commissioner of schools before the third Monday in June thereafter. Immediately after the third Monday in June Correction, of each year, the county commissioner of schools and the several enumerators, or such other persons as the county commissioner of schools may appoint, shall compare and correct in his office the entire census taken by him or by enumerators appointed by him. The said commissioner of schools. shall then attach to the census lists of the several districts of the county his affidavit that the several enumerators were duly employed by him and that said census has been properly compared and corrected; and forthwith, and before the second Monday in September thereafter, transmit to the Superintendent of Public Instruction the entire census by districts, together with his affidavit and the affidavits of the several enumerators. The actual and necessary expense incurred by Expense, the commissioner of schools in taking the census in his own county shall be audited and allowed by the board of supervisors or the county board of auditors. SEC. 2. All acts or parts of acts inconsistent with or contravening the provisions of this act are hereby repealed. Approved May 5, 1921. etc. audit, etc. Liability of for damage, etc. [No. 104.] AN ACT defining the liability of common carriers, railroad and transportation companies for damage to freight, in certain cases when the damage is caused by an agency beyond the control of the carrier. The People of the State of Michigan enact: SECTION 1. Every common carrier, railroad or transportarailroad, etc., tion company shall hereafter be liable for all loss, damage or injury to goods intrusted to it for transportation where the damage is caused by an agency beyond its control: Provided, The negligence of the carrier commingles with such agency and contributes to such loss or injury. Proviso. Certain contract unlawful. SEC. 2. It shall be unlawful for any common carrier to enter into any contract with a shipper limiting its liability. in the cases mentioned in section one of this act. Approved May 5, 1921. Section amended. [No. 105.] AN ACT to amend section thirty of act number forty-four of the Public Acts of eighteen hundred ninety-nine, entitled "An act to provide for the publication and distribution of laws and documents, reports of the several officers, boards of officers and public institutions of this state, now or here. after to be published, and to provide for the replacing of books lost by fire or otherwise, and to provide for the publication and distribution of the official directory and legislative manual of the state of Michigan." The People of the State of Michigan enact: SECTION 1. Section thirty of act number forty-four of the Public Acts of eighteen hundred ninety-nine, entitled "An act to provide for the publication and distribution of laws and documents, reports of the several officers, board of officers and public institutions of this state, now or hereafter to be published, and to provide for the replacing of books lost by fire or otherwise, and to provide for the publication and distribution of the official directory and legislative manual of the state of Michigan," being section eight hundred forty-eight of the Compiled Laws of nineteen hundred fifteen, as amended by act number three hundred twenty-five of the Public Acts of nineteen hundred seventeen, is hereby amended to read as follows: lished. SEC. 30. There shall be published of the legislative manual Number pubfifteen thousand copies, which shall be disposed of in the following manner, to-wit: of. 1. The Secretary of State shall deliver one copy to each Distribution of the following, namely: Senators and Representatives in Congress from this state; United States circuit and district. court judges in this state; justices of the state Supreme Court, and the judges of the circuit, superior and probate courts; each county clerk and county school commissioner; each district, graded and city public school; each public library other than school libraries; members of state boards and commissions; libraries of state officers and institutions; each clergyman officiating as chaplain during the preceding session of the legislature. 2. The Secretary of State shall also deliver upon written Application, application only, for distribution, the following number of who to make. copies, respectively as follows, to-wit: To each newspaper published in this state, one; each township, village and city clerk, one; to the Governor, fifty; Lieutenant Governor, fifty; Secretary of State, twenty-five; State Treasurer, twenty-five; Auditor General, twenty-five; Attorney General, fifty; Superintendent of Public Instruction, fifty; Public Utilities Commission, twenty-five; State Tax Commission, twenty-five; Department of Conservation, twenty-five; Banking Commissioner, twenty-five; Department of Agriculture, twenty-five; Commissioner of Insurance, twenty-five; Commission of Labor and Industry, twenty-five; Securities Commission, twenty-five; members of the Senate, twenty-five; Speaker of the House, fifty; members of the House, except Speaker, twenty-five; secretary of the Senate, twenty-five; clerk of the House, twentyfive; the Adjutant General, Inspector General and Quartermaster General, five each. 3. A sufficient number of copies shall be reserved by the Exchanges. Secretary of State for exchange for manuals of other states. 4. Legislative manuals, the distribution of which is not Number provided for in this section, shall be deposited in the office sold, etc. of the Secretary of State for sale and distribution. County clerks and county school commissioners may make applications for such quantity of legislative manuals as may be required in their respective counties under the provisions of this section; and the Secretary of State shall furnish suitable application and receipt blanks upon request; where advisable the Secretary of State shall arrange for taking applications through the county clerk or county school commissioner, and may prepare the necessary blanks accordingly. Applications for the manual by those entitled thereto under the provisions of this section, must be presented within sixty days after the same is ready for delivery and distribution, otherwise the Secretary of State is authorized to make other disposition of the same. Approved May 5, 1921. Closed season. Penalty. [No. 106.] AN ACT to provide for the protection of fish in Reed's lake and Fisk's lake in Kent county. The People of the State of Michigan enact: SECTION 1. It shall be unlawful to catch, kill or destroy any kind of fish in any manner, in the inland lakes known as Reed's lake and Fisk's lake, in the county of Kent, during the months of November, December, January, February and March, in each year. SEC. 2. Any person violating the provisions of this act shall upon conviction be punished by a fine of not more than one hundred dollars or by imprisonment in the county jail for a period of not more than ninety days, or by both such fine and imprisonment in the discretion of the court. Approved May 5, 1921. Section amended. Real estate holdings. [No. 107.] AN ACT to amend section ten of chapter one of part two of act number two hundred fifty-six of the Public Acts of nineteen hundred seventeen, entitled "An act to revise, consolidate and classify the laws of the state of Michigan relating to the insurance and surety business; to regulate the incorporation of domestic insurance and surety companies and associations and the admission of foreign companies; and to provide for the departmental supervision and regulation of the insurance and surety business within this state." The People of the State of Michigan enact: SECTION 1. Section ten of chapter one of part two of act number two hundred fifty-six of the Public Acts of nineteen hundred seventeen, entitled "An act to revise, consolidate and classify the laws of the state of Michigan relating to the insurance and surety business; to regulate the incorporation of domestic insurance and surety companies and associations and the admission of foreign companies; and to provide for the departmental supervision and regulation of the insurance and surety business within this state," is hereby amended to read as follows: SEC. 10. No company, including fraternal beneficiary societies, formed under this act shall purchase or hold any real estate, except: 1. Such as shall be necessary for its immediate accommodation in transacting business; or 2. Such as shall have been conveyed or mortgaged to the company in good faith, by way of security for debts; or 3. Such as shall have been conveyed to the company in satisfaction for debts; or home office 4. Such as shall have been purchased at sales upon judg ments, decrees or mortgages in favor of such company, or held by or owned by it; and all real estate obtained by virtue of any provisions of this section, except that mentioned in the first sub-division, shall be sold or disposed of within five years after the title has been perfected in such company, unless the company shall procure a certificate from the Commissioner of Insurance that the interest of such company will materially suffer by a forced sale, in which event the sale may be postponed for such period as the said Commissioner of Insurance shall direct in such certificate, not to exceed ten years in all: Provided, however, That any stock life insurance Proviso, company and any stock fire or casualty insurance company, building. may invest not to exceed twenty per cent of its assets in a home office building, and may continue to hold the same for its use and as a source of revenue: Provided further, That Further no such investment shall be made unless and until a certifi- proviso. cate of permission for the purchase of such property is granted by the Commissioner of Iusurance after appraisal of such property by at least three property owners of the city in which the home office of such company is located, appointed by the Commissioner of Insurance for the purpose of such appraisal, and their certification to the commissioner of a valuation of the property at least equal to the amount which is proposed to be invested therein by such company. Approved May 5, 1921. [No. 108.] AN ACT to amend section six, chapter four, part three of act number two hundred fifty-six of the Public Acts of nineteen hundred seventeen, entitled "An act to revise, consolidate and classify the laws of the state of Michigan relating to the insurance and surety business; to regulate the incorporation of domestic insurance and surety companies and associations and the admission of foreign companies; and to provide for the departmental supervision and regulation of the insurance and surety business within this state," approved May tenth, nineteen hundred seventeen. The People of the State of Michigan enact: SECTION 1. Section 6, chapter 4, part three, of act num- Section ber two hundred fifty-six of the Public Acts of nineteen hun- amended. |