[No. 168.] AN ACT to amend sections two, twelve, seventeen, twentytwo and twenty-three of chapter ninety-seven of the Revised Statutes of eighteen hundred forty-six, entitled "Of the commencement of suits; of process, and the service and return of original writs," being sections seven thousand two hundred ninety-one, seven thousand three hundred one, seven thousand three hundred six, seven thousand three hundred eleven and seven thousand three hundred twelve of Howell's Annotated Statutes, and sections nine thousand nine hundred eighty-five, nine thousand nine hundred ninety-five, ten thousand, ten thousand five and ten thousand six of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. That sections two, twelve, seventeen, twenty-two Sections and twenty-three of chapter ninety-seven of the Revised Stat. amended. utes of eighteen hundred forty-six, entitled "Of the commencement of suits, of process, and the service and return of original writs," being sections seven thousand two hundred ninety-one, seven thousand three hundred one, seven thousand three hundred six, seven thousand three hundred eleven and seven thousand three hundred twelve of Howell's Annotated Statutes, and sections nine thousand nine hundred eighty-five, nine thousand nine hundred ninety-five, ten thousand, ten thousand five and ten thousand six of the Compiled Laws of eighteen hundred ninety-seven, be and the same are hereby amended so as to read as follows: SEC. 2. Actions brought for the recovery of any debt, or Actions for for damages only, may be commenced either: 1. By original writ; or, 2. By filing in the office of one of the clerks of the court a declaration, entering a rule in the minutes kept by such clerk, requiring the defendant to plead to such declaration within fifteen days after service of a copy thereof and notice of such rule, and serving a copy of such declaration, and notice of such rule personally on the defendant; which mode of commencing an action may be adopted against any person, whether privileged from arrest or not. debt or damages, how commenced. how served. SEC. 12. Writs of capias ad respondendum shall be served writs of capias by the sheriff, or other officer, by arresting the body of the defendant, and keeping him in his custody until discharged according to law, and serving a copy of the writ and of the affidavit or affidavits upon which said writ is founded upon said defendant. be discharged SEC. 17. Every defendant arrested upon a capias ad re- Defendant to spondendum shall be entitled to be discharged from such arrest from arrest on upon executing to the officer making the same, with the ad- executing dition of his name of office, a bond, in a penalty equal to the bond. When plaintiff to make declaration. Idem. amount specified in the order for bail, or in double the amount specified in the affidavit attached to the writ, as the case may be, with two sufficient sureties, conditioned that such defendant will appear in the action commenced by such writ, by putting in special bail within fifteen days after service of said writ upon him, and by perfecting such bail, if required, according to the rules and practice of the court. SEC. 22. Upon such return being made, the sheriff shall at once notify the plaintiff or his attorney, and the plaintiff shall declare against the defendant within fifteen days after the service of such notice, and shall deliver a copy of such declaration to such prisoner, or to the sheriff or keeper of the jail in whose custody such prisoner shall be; and if such declaration shall not be served as herein prescribed, the defendant shall be discharged from his imprisonment, and shall be entitled to judg ment of discontinuance against said plaintiff. SEC. 23. When a defendant shall have appeared in any cause, by causing his appearance to be entered, or by putting in and perfecting special bail, if required, where such bail is required, the plaintiff shall declare against such defendant, within fifteen days after the issue of said writ. This act is ordered to take immediate effect. Approved June 23, 1899. Act amended. [No. 169.] AN ACT to amend act two hundred and six of the public acts of eighteen hundred and ninety-three, being "An act to provide for the assessment of property and the levy and collection of taxes thereon, and for the collection of taxes heretofore and hereafter levied; making such taxes a lien on the lands taxed, establishing and continuing such lien, providing for the sale and conveyance of lands delinquent for taxes, and for the inspection and disposition of lands bid off to the State and not redeemed or purchased; and to repeal act number two hundred of the public acts of eighteen hundred and ninety-one, and all other acts and parts of acts in any wise contravening any of the provisions of this act." by adding two sections to be known as sections one hundred and thirtyeight and one hundred and thirty-nine of said act. The People of the State of Michigan enact: SECTION 1. That act two hundred and six of the public acts of eighteen hundred and ninety-three, being "An act to provide for the assessment of property and the levy and collection of taxes thereon, and for the collection of taxes heretofore and hereafter levied; making such taxes a lien on the lands taxed, establishing and continuing such lien, providing for the sale and conveyance of lands delinquent for taxes, and for the inspection and disposition of lands bid off to the State. and not redeemed or purchased; and to repeal act number two hundred of the public acts of eighteen hundred and ninety-one, and all other acts and parts of acts in anywise contravening any of the provisions of this act," be and the same is hereby amended by adding thereto two sections to be known as sections one hundred and thirty-eight and one hundred and thirtynine of said act as follows: the sale of cer tax lands. SEC. 138. All lands which have been returned to the Auditor Provisions for General as delinquent for taxes under the provisions of any tain delinquent general tax law in force prior to the passage of act two hundred of the public acts of eighteen hundred and ninety-one, and upon which the taxes are now or shall hereafter remain unpaid and which have not been sold for such taxes, and all lands so returned which have been heretofore sold for such delinquent taxes, and upon which the sale or sales so made shall have been or may hereafter be set aside by any court of competent jurisdiction, or shall have been or may hereafter be canceled, as provided by law, shall be subject to disposition, sale and redemption for the enforcement and collection of such tax liens in the method and manner provided in this act for the disposition, sale and redemption of lands made subject to the provisions of this act by section sixty thereof: Provided, That Proviso. nothing in this section contained shall be held to provide for the sale of any lands heretofore sold, if the sale thereof shall have been set aside or canceled for any reason affecting the validity of the taxes for which the land was sold: Provided further, Further That the court may in its discretion, where equity appears to so demand, enter decree of sale for the taxes for any year prior to eighteen hundred ninety-one, for the amount of the taxes found valid, without including the charge for interest thereon as provided by law: And provided further, That if ten- Further der of the amount assessed against any land for taxes of eight- the tender of een hundred ninety, or any prior year is made to the Auditor amount General, together with the collection fee and the charge for expenses as provided by law, at any time before the first day of the month preceding the month in which sale is ordered to be made, he shall issue receipt therefor, and cancel any State bid under which said land is held for said year, and in such case the State, county and township shall bear the loss of accrued interest in proportion to their several interests therein. proviso. proviso as to assessed. General may cause examina made of pro SEC. 139. The Auditor General may cause an examination Auditor to be made of the proceedings under which any lands bid to the State, and which have not been deeded by the Auditor tions to be General, were sold for delinquent taxes and bid to the State ceedings. under the provisions of any general tax law, and if he shall find that such sales or the decrees under and by virtue of which such sales were made were in contravention of any provision of the laws in force at the time such decrees were en tered or sales made, he may cancel such sales and proceed at This act is ordered to take immediate effect. Appropriation. How paid. Proviso. To be incor tax. [No. 170.] AN ACT making appropriations for the State Board of Fish Commissioners for the fiscal years ending June thirty, nineteen hundred, and June thirty, nineteen hundred and one, and to provide for a tax to meet the same. The People of the State of Michigan enact: SECTION 1. That there be and hereby is appropriated for the current expenses of the State Board of Fish Commissioners for the fiscal year ending June thirty, nineteen hundred, the sum of twenty-five thousand dollars, and for the fiscal year ending June thirty, nineteen hundred and one, the sum of twenty-five thousand dollars. SEC. 2. The several sums appropriated by the provisions of this act shall be paid out of the general fund in the State Treasury to the treasurer of the State Board of Fish Commissioners at such times and in such amounts as the general accounting laws of the State prescribe, and the disbursing officer shall render his accounts to the Auditor General thereunder: Provided, That no part of this appropriation shall be expended in cultivating and propagating what is known as commercial fish in the great lakes. SEC. 3. The Auditor General shall incorporate in the State porated in State tax for the year eighteen hundred ninety-nine the sum of twenty-five thousand dollars, and for the year nineteen hundred the sum of twenty-five thousand dollars, which, when collected, shall be credited to the general fund to reimburse the same for the moneys hereby appropriated. This act is ordered to take immediate effect. Approved June 23, 1899. [No. 171.] AN ACT to set aside the submerged and swamp lands in the State of Michigan bordering upon the Great Lakes and the bayous thereof for a public park, defining the limits thereof and providing for its care and management. The People of the State of Michigan enact: swamp lands hunting SECTION 1. That all of the swamp or submerged lands lying Certain along the borders of Lakes Erie, Huron, Michigan, Superior submerged or and St. Clair, except such parts of the "St. Clair Flats," so dedicated as called, as shall have been, prior to January first, eighteen hun- ground. dred ninety-nine, actually occupied, built up, cultivated or improved to the extent of at least twenty-five dollars, within the boundaries of the State of Michigan, and within the limits hereinafter described, and also all swamp or submerged lands adjoining said lakes, or in the bayous adjoining or emptying into said lakes, which now belongs to the State of Michigan, or to which the State of Michigan shall hereafter acquire title, shall be and hereby is set apart and dedicated for a public shooting and hunting ground, for the benefit and enjoyment of the people of the State of Michigan. This park so set aside Where to shall extend to the State line into the respective lakes from the shore line thereof, and the outer boundary thereof shall be the center line of said lakes or the boundary of said State, and shall include all swamp or submerged lands lying between said shore line and outer boundary: Provided, That Proviso. no premises here described shall be deemed to include any islands in any of the said lakes to which the State of Michigan has not title, unless the State shall first acquire such title. Said park shall also include the swamp or submerged lands owned by the State aforesaid or hereafter acquired by the State, bordering upon said lakes or in or upon the bayous emptying therein. extend. relative to any hereafter SEC. 2. Should the State of Michigan hereafter acquire Provisions title to any swamp or submerged lands within the limits afore- swamp or subsaid or bordering upon said lakes, or in or upon any bayou merged lands emptying into the same, whether by purchase, escheat, for- acquired. feiture, tax bid or tax title, the same shall be, by operation of this act included in said park and shall not thereafter be offered for sale by the State. SEC. 3. This reservation and dedication shall not interfere Grounds subject to fish and with or detract from any rights or privileges of fishing now game laws. enjoyed by private persons or the public, but the said park shall be subject to the fish and game laws of this State in the same manner as though there had been no dedication. The waters in this park shall be free for all purposes of navigation. This act shall not be deemed to interfere with the common law right of riparian owners to dockage and wharfage, nor to interfere in any manner with dock or harbor lines or regulations of any municipality or of the State. trespassers. SEC. 4. All persons who now have or shall hereafter locate who deemed upon any part of the park here set aside, or who shall occupy the same, except as herein provided, shall be deemed trespassers against the State of Michigan, and an action may be brought against such persons in the name of the people of the State of Michigan by the prosecuting attorney or the |