Michigan farm laws, with business forms and model business letters

Front matter

Firs

D. D. HADLEY.

J. W. McKINNE

Preface

When a man is brought before a court of justice for some offense he may have committed and offers his want of knowledge of the law in excuse for his conduct, he is told that “Ignorance of the law is no ex¬ cuse,” and he is made suffer the penalty. As courts only require of each citizen the full and fair performance of his duty, and nothing beyond, we must therefore conclude that the reason the plea of ignorance is not accepted, is because it falls within the duty of every man to know the law. But this does not mean that a man shall know all the law; none but those who make its study and practice a profession are ex¬ pected to have a special knowledge of its many branches or departments. The average citizen has probably performed his full duty when he has made himself familiar with those laws of his state relating to his own occupation, his property rights, and those which govern his conduct and course of action as a member of society.

To afford to the farmers of Michigan, and others interested in that occupation, an opportunity to gain a knowledge of the laws of the state relating to farms, farming and kindred matters, has been the object in the preparation of this volume. A careful study of its pages will advance the reader well toward that point where he may feel that he has fairly discharged the duty of informing himself in those matters which are of daily concern to all persons residing in farming communi¬ ties, or who are in any way interested in agricultural pursuits. The chap¬ ters on business forms and model business letters were added for instruc¬ tion in practical business matters‘and correspondence.

The number enclosed in brackets at the end of any paragraph indi¬ cates that such paragraph is in the same language, or, is, in substance, the same as the section of like number in the Compiled Laws of the state. Where a full Act of the legislature is given, the sectional numbers of the act are used. The other references indicate decisions of courts, usually the highest court of the state in which the case was decided. The effort has been throughout to give the law accurately as it is found in force and operation in the state to-day. All repeals are stricken out and all amendments added, so that the person who shall obtain a copy may have a reliable book for reference on the subjects treated.

It is not to be inferred by any one into whose hands this book may fall that he shall thereby become his own lawyer No man not intend¬ ing to make the practice of law a profession should study it with any view other than to educate himself and thus broaden his qualifications for the discharge of his duties as a citizen. Author

Columbus, Ohio, January 27, 1908.

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CHAPTER i Animals

I. Not to run at large except by permission, etc.

Ia. Distraining and Replevying of Beasts.

II. Cruelty to animals.

III. Dogs, law of; license and taxation of; sheep claims, etc.

IV. Diseases of animals; regulations for preventing.

a. State Live Stock Sanitary Commission.

b. Regulating Texas Cattle.

c. For prevention of foot-rot among sheep.

d. To prevent importation, running at large and sale of diseased sheep.

V. Marking and branding of live stock.

VI. Lien upon horses and other animals for cost of shoeing.

VII. Lien upon mare and get for services of stallion.

VIII. Stray anijnals.

IX. Docking horses.

X. Fraudulent entries in speed contests.

XI. Fraudulent registration and false pedigrees.

XII. Unhitching and driving horses of another without authority.

XIII. Killing, maiming, disfiguring or poisoning animals.

XIV. Exposing poisons endangering lives of animals.

XV. Horse stealing.

XVI. Companies for detection and apprehension of horse thieves and other felons.

I. Not to Run at Large Except by Permission, Etc.

Animals not to run at large on public highway except by per¬ mission of supervisors, etc.: The People of the State of Michigan enact. That from and after the year one thousand eight hundred and sixty-seven;, it shall not be lawful for any cattle, horses, sheep or swine to run at large in any public highway of this state: Provided, That this act shall be in¬ operative only in those counties or parts of counties in which it shall be so determined by resolution passed by the board of supervisors of such county: Provided further, That the powers granted to boards of super¬ visors in this section, shall not abridge the powers reserved to the people of a township, in section four of chapter twelve, of compiled laws of eighteen hundred and seventy-one. [5606.]

Pozver reserved to the people of a toivnship referred to above: The inhabitants of each township may, at any legal meeting, by a vote of the qualified electors thereof,, make all such orders and by-laws for determining the time and manner in which cattle, horses, swine, sheep, and other animals shall be restrained from going at large in the highways, and for directing and managing the prudential affairs of the township, as they shall judge most conducive to the peace, welfare and good thereof [Sec. 2271, being Sec: 4 of Chapter 12.]

MICHIGAN FARM LAWS.

"2

Supervisors may allow animals to run at large: In case the board of supervisors in any county shall pass a resolution allowing any of the classes of animals named in section one of this bill to run at large in the public highway, the"n in such county, after the

year one thousand eight hundred and sixty-seven, the following sec¬ tions of this act shall be null and void, but otherwise they shall be . in full forde. [5607.]

Seizure of animals running at large: It shall be the duty of • the overseer of highways to seize and take into his custody and ^possession any animal forbidden to run at large, which may be -running at large in any highway of which he is overseer, con¬ trary to the provisions of the foregoing section, and it shall be

■lawful for any person to seize and take into his custody and ; possession any animal which may be in any public highway, and opposite t’the land owned or occupied by him, contrary to the provisions of the foregoing section; and it shall be lawful for any person to take into '■ his custody and possession any animal which may be trespassing upon premises owned or occupied by him. [5608.] ,

Cattle in the public highway in charge of a person directing or controlling their i movements, are not running at large. — Bertwhistle v. Goodrich, 53 Mich. 459.

Duty of person after making seizure of animals; notice of sale; tees; disposal of surplus money; redemption of animal: Whenever any such person shall seize and take into custody or possession any

animal under the authority of the next preceding section, it shall

be the duty of such person to forthwith cause a description of said animal or animals to be entered upon a book to be kept by the clerk of the town, city or village in which such animals were taken up, and shall thereupon give immediate notice to a justice of the peace, or a commissioner of highways of the town, city, or village in which such seizure and possession shall have been taken, and such justice or commissioner shall thereupon give notice by affixing the same in three public and conspicuous places in said town, city, or village, one of which shall be the district school-house nearest the residence of such justice or commissioner, that such animal or animals will be sold at public auction, at some convenient place (to be specified in such notice) in said town, city, or village, not less than fifteen nor more than thirty days from the time of the affixing of such notice. The same justice or commissioner shall proceed to sell the said animals for cash, and out of the proceeds thereof shall, in the first place, retain the following fees and charges for his services in giving said notice and making such sale, viz.: for the first horse sold three dollars, and for every additional horse one-half dollar; for eaph cow, calf, or other cattle, not exceeding •five in number, one dollar; and for every additional cow, calf, or other cattle, twenty-five cents; and for every sheep or swine, not exceeding

ANIMALS.

five in number, one-half dollar; and for every additional sheep or swine, ten cents; together with a reasonable compensation, to be esti¬ mated by such justice or commissioner, to be paid the person making the seizure for the care and keeping of said animal or animals, from the time of the seizure to the sale thereof. If there shall be any surplus money arising from said sale, the said justice or commissioner shall retain the same in his hands, and pay the same to the owner or owners of said animal or animals, after a reasonable demand therefor, and satisfactory proof of such ownership: Provided, Such owner or owners shall appear and claim such surplus moneys within one year after sale. And if the owner or owners of such animal or animals shall not appear and demand such surplus moneys within one year after such sale has been made, he shall be forever precluded from recovering any part of such moneys; and the same shall be paid to the treasurer of the town for the use of the town, and his receipt therefor shall be a legal dis¬ charge of said justice or commissioner: Provided, That any animal sold in pursuance of this act may be redeemed any time within six months following such sale, by paying the expenses of such custody and sale, and a reasonable compensation for keeping the same. [5609.]

How owner to obtain possession of animal before sale; owner may demand animal within three days of sale: Any owner of any animal which shall have been seized under and pursuant to the foregoing provisions, may at any time before the sale thereof, demand and shall be entitled to the possession of such animal, upon the payment by him of the several sums hereinbefore required to be paid to the said justice or commissioner, and to the person by whom the seizure aforesaid shall have been made, together with a reasonable compensation to the person making such seizure for the care and keeping of such animal, to be estimated and fixed by such justice or commissioner, and upon making to such justice or commissioner satis¬ factory proof of ownership. And if such owner shall make such de¬ mand and proof at least three days before the time appointed for such sale, he shall be entitled to the custody and possession of such animal, upon paying one-half of the several sums above mentioned, together with the whole amount of compensation awarded by the said justice or commissioner. [5610.]

When owner is not liable for fees; penalty: In case the animal so seized under the foregoing provisions of this act, shall have been so running at large or trespassing by the willful act of any

other person than the owner, to effect that object, such owner

shall be entitled to the possession of such animal by making the

demand therefor, and the proof required in the next preceding sec¬ tion, and paying to the person making such seizure the amount

of compensation fixed by such justice or commissioner, for the care and keeping of such animal, ' and without paying any other charges; and the person committing such willful act shall be liable to a penalty

MICHIGAN FARM LAWS.

of twenty dollars, to be recovered in an action at law at the suit of the owner of such animal, or the person making such seizure. [5611.]

, Note — The foregoing laws do not apply to that portion of the state lying north of the tier of townships twelve north, unless so ordered by the board of supervisors of any county lying north of said tier of towns. [5612].

Township Pounds for Impounding Cattle, Etc.

Township pound: Each township may at its own expense, and in such places therein as the electors shall direct, provide and main¬ tain one or more sufficient pounds, in which swine, sheep, horses, asses, mules, goats, and neat cattle may be restrained, and kept from going at large contrary to law, or to any by-law .of such township. [2437.] Injury to pound a misdemeanor: If any person shall wilfully in¬ jure any pound maintained by any township, he shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not exceeding fifty dollars, or by imprisonment in the county, jail not exceeding ninety days, at the discretion of the court. [2438.]

Animals from Running at Large in Certain Cities and Villages

Within this State.

Unlawful for cattle to run at large in cities, etc.; exception:

It shall not be lawful for any cattle, horses, mules, sheep, swine, or goats to run at large in any public street, lane, alley, park, place, or highway, in any city or village within this state having a population of seven thousand or more inhabitants; and it shall be the duty of every commissioner of highways, pound-master, marshal, deputy mar¬ shal, policeman, and constable of any such city or village to seize and take into his possession as herein provided, and keep until dis¬ posed of according to law, any animal so found running at large: Pro¬ vided, The city of Ludington be exempt from the operations of this act. [5613.]

Common council or board of trustees to provide pounds; pound-master; seizure of animals: It is hereby made the duty of the com¬ mon council or board of trustees of every such city or village to provide one or more suitable and convenient pound or pounds, and to appoint one or more pound-masters who shall have charge thereof, and such pound-master or other person having charge of such pound shall receive and keep therein any animal mentioned in the first section of this act, that may have been or may be found running at large contrary to said section, upon the request of any person. And it shall be lawful for any person to seize and take into custody and retain till disposed of as required by law, any animal mentioned in said first section of this act, which may be trespassing upon premises owned or occupied by such person, or such animal may be driven to and kept in said pound

ANIMALS.

as herein provided, and any inhabitant of any such city or village may take into custody till disposed of as required by law, any animal found running at large contrary to said first section of this act, if at the time there shall not be kept and maintained within such city or village a suitable pound within a distance of not more than two miles from the place where such animal may be found, or if there shall not be a pound-master in charge thereof, who will receive and keep the same as herein provided. [5614.]

Fees for taking up animals in cities and villages: The officer or person making such seizure, shall receive, for every horse, mule or colt, one dollar; for every cow, calf or other cattle, each fifty cents, and for every goat, sheep, or swine, twenty-five cents, together with the actual* damages sustained by such person by reason of the tresspass or breaking of such animal, into his premises, and compensation to such person or officer for the care and keeping of such animals from the time of the seizure thereof to the sale at the rate specified in the next section of this act, and the said recorder or justice shall be' allowed the sum of one dollar for each animal so sold, and the marshal, deputy marshal or constable, the same fees as for service of a summons and execution in civil actions. [5615.]

Owner entitled to possession of animal impounded upon pay¬ ment of certain fees and costs, etc.: The owner of any animal which shall have been seized or impounded under and pursuant to the fore¬ going provisions may, at any time before the making of the complaint hereinbefore provided for, demand and shall be entitled to the posses¬ sion of such animal upon the payment to the pound-master or the person in charge of such pound, if such animal shall have been impounded, and if not, then upon payment to the person or officer who shall have seized or taken such animals into his possession, the fees provided for in the preceding sections for the seizure of such animal; and if such animal shall have been impounded, the farther fee of fifty cents for every horse, mule, colt, cow, calf, or other cattle, and twenty-five cents for every goat, sheep or swine, which said fee shall belong to such pound-master or person in charge of such pound, and the farther sum of one dollar per day as compensation for keeping every such horse, mule or colt, and seventy cents per day for every cow, calf or other cattle, and fifty cents per day for every goat, sheep or swine for each day since and including the day such animal was seized, impounded or taken into possession as aforesaid. At any time after the making of said complaint and before the sale of said animal, the owner thereof may make demand and claim for such animal before the recorder or justice before whom said proceedings shall have been commenced; and upon making satisfactory proof of ownership of said animal before said recorder or justice, and upon paying to him the fees and compensation for keeping such animal hereinbefore in this section provided for, and [all] other fees and expenses that shall

MICHIGAN FARM LAWS.

have accrued up to the time of making such demand and proof-, heshall be entitled to the custody and possession of such animal. And the said recorder or justice shall fix and determine the amount of the fees, expenses and compensation in accordance with the provisions of this act, and shall pay the same to the officer or person entitled thereto. [5616.]

Replevin: The provisions of this act shall not be construed todeprive the party claiming the ownership of said property from bringing his action in replevin for the recovery of the same in case the same has been unlawfully seized. [5620.]

Penalty for rescuing animals from pound, etc.: If any person shall rescue any animal mentioned in this act, when impounded, or while being driven or taken to the pound or other place of custody by any officer or person in charge of such animals, or while such animals are shut up by and in the custody of any person for trespassing upon premises, or for unlawfully running at large under this act, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine not more than fifty dollars nor less than ten dollars, with costs of prosecution, or by imprisonment in the county jail not exceeding thirty days, or by both such fine and imprisonment in the discretion of the court. [5621.]

Penalty for impounding animals unlawfully: If any person shall take any animal not running at large contrary to law from the stable, pasture, or any enclosure or other place where '".uch animalsare lawfully and rightfully kept, or may be, or drive, or let them out,, or untie, or unloose the same, or shall knowingly seize or take the same from the custody of any person driving or taking the same on the public highway or streets to or from a pasture or to or from any

other place where the same may be lawfully taken or driven, for the

purpose of impounding such animals contrary to law, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by fine of not more than ten dollars nor less than five dollars,, with costs of prosecution, or by imprisonment in the county jail not exceeding ten days, or by both such fine and imprisonment in the dis¬ cretion of the court. [5622.]

Under what laws animals to be impounded: The distraining and

impounding o’f animals under this act shall be governed by chapter two-

hundred and fourteen of the compiled laws of eighteen hundred and seventy-one, for “distraining and replevying beasts,” except as otherwise provided in this act. [5623.]

Bulls, stallions, boars and rams not to run at large: If the owner of any bull, stallion, boar or ram shall allow the same to go at large out of his enclosure, he shall forfeit the sum of five dollars for such offense, to be recovered on complaint before any justice of the peace of the county in which such owner may live, and twice that amount, on any subsequent conviction: Provided, That such complaint shall be prosecuted within thirty days next after such animal shall be found at large as aforesaid. [5625.]

Further penalty: In addition to the penalty prescribed in the foregoing section, the owner of said bull, stallion, boar or ram thus found going at large, shall be liable to the owner of any cow, mare, sheep or swine, for any and all damages arising from the going at large of such animals as aforesaid, to be recovered on any suit brought, before any court of competent jurisdiction. [5626.]

Note — The board of trustees of any summer resort may prevent dogs or other animals running at large on grounds. [Sec. 7646],

Distraining or Replevying Beasts.

Beasts distrained to be impounded: When any beasts are taken up and distrained by any person, for going at large, contrary to law, or contrary to any by-law of a township, they shall be forthwith impounded in the township pound, and the keeper of such pound shall furnish them with suitable food and water, so long as they are detained in his custody. [10688.]

Fees for distraining and impounding: The person so taking up and distraining the same shall be entitled to fifty cents per head for all horses, mules, asses and neat cattle, and ten cents per head for all sheep, goats and swine, so distrained by him; and the pound keeper shall be # entitled to four cents per head for all the said animals so impounded.. [10680.]

Beasts not to be delivered until fees and expenses paid: The

pound keeper shall not deliver to the owner any beasts so impounded, until such owner shall pay him his fees and the expense of keeping such beasts, and also the fees due the person distraining said beasts, which last mentioned fees he shall pay to such person. [10690.]

Proceedings in case of injury by beasts: When any person is injured in his land, by sheep, swine, horses, asses mules, goats or neat cattle, he may recover his damages in an action of trespass, or trespass on the case, against the owner of the beasts, or against the person having the care and control of such beasts, or by distraining the beasts doing the damage, and proceeding therewith as hereinfater directed; but if the beasts shall have been lawfully on the adjoining lands, and shall have escaped therefrom in consequence of the neglect of the person who has suffered the damage, to maintain his part of the division fences, the owner or person having the control of the beasts shall not be liable for such damage. [10691.]

Impounding beasts doing damage: The beasts so distrained for doing damage, shall be impounded in the township pound, if there be one, and the distrainer shall leave with the pound keeper a memorandum in writing, signed by him, stating the cause for distraining, and the sum

MICHIGAN FARM LAWS.

that he demands'from the owner, for the damages done by the beasts. [10692.]

Beasts not to be delivered until damages, fees and expenses paid:

The pound keeper shall not deliver the beasts to the owner, until such owner shall pay him his fees, and the expense of keeping such beasts, together with the sum so demanded by the distrainer, and the expense of advertising such beasts, if they shall have been advertised, and all other legal costs and expenses. [10693.]

When person impounding beasts to have care of them: If there shall be no public pound within the township, the beasts shall be im¬ pounded in some suitable place under the immediate care and inspec¬ tion of the person who distrained them, and he shall furnish them with suitable food and water so long as they remain impounded. [10694.] Notice to owner, etc.: When beasts are impounded for either of the causes aforesaid, the person impounding them shall, within twenty-four hours thereafter, give notice thereof to the owner or person having the care or control of them, if known, and living within six miles from the place of impounding, which notice shall be delivered to the party,

or left at his place of abode, and shall contain a description of the beasts,

and a statement of the time, place and cause of impounding. [10695.] When notice to be posted up in public places: If there shall be no person entitled to notice according to the provisions of the preceding section, the person impounding the beasts shall, within forty-eight hours thereafter, cause to be posted upon in three public places in the town¬ ship, and in a public place in ‘each of any two adjoining townships, if

within four miles from the place where they were taken, a written notice, containing a description of the beasts, and a statement of the time, place and cause of impounding. [10696.]

When notice to be published in newspaper: In case notice shall be given by posting up the same, if no person shall appear to claim the beasts within seven days after the day of impounding, a like notice shall be published for three successive weeks, in some public newspaper, if any there shall be published within twenty miles of the place of impounding, the first publication to be within fifteen days after the day of impounding. [10697.]

Proceedings if owner dissatisfied with claim: If the owner or "keeper of the beasts shall be dissatisfied with the clajm of the person impounding them, he may have the amount for which he is liable as¬ certained and determined by two disinterested and discreet persons, to "be appointed and sworn for that purpose by a justice of the peace; and the sum determined by them shall be received instead of the sum de¬ manded by the person who impounded the beasts, and they shall there¬ upon be delivered to the owner or keeper thereof. [10698.]

Same: If the sum for which the beasts are impounded and de¬ tained, shall not be paid within fourteen days after notice of the im-

ANIMALS.

pounding shall have been given, as before directed, or after the last publication of such notice in a newspaper, and shall not have been de¬ termined as aforesaid, the person who impounded them shall apply to a justice of the peace, and obtain a warrant to two disinterested and discreet persons, to be appointed and sworjn by the justice; and the persons so appointed and sworn shall ascertain and determine the sum due from the owner or keeper of the beasts, for the damages, costs and expenses for which they are impounded and detained, including a reason¬ able compensation for their own services. [10699.]

If sum not paid, beasts to be sold: If the sum so found to be due shall not be forthwith paid, the person who impounded the beasts shall cause them to be sold by auction in the township where they are im¬ pounded, first advertising the sale by posting up a notice thereof in three public places in the same township, at least five days before such sale. [10700.]

How proceeds disposed of: The proceeds of the sale, after pay¬ ing all the said damages, costs and expenses, with the charges for ad¬ vertising and selling the beasts, shall be deposited in the treasury of the township, for the use of the owner of the beasts, in case he shall substan- > tiate his claim thereto, within two years from the time of sale. [10701.]

Beasts escaped or rescued, may be retaken: If any beasts that have have been lawfully distrained or impounded, shall escape or be-rescued, the pound keeper or person who distrained them, may, at any time within seven days thereafter, retake such beasts, and hold and dispose thereof, as if no escape or rescue had taken place. [10702.]

Penalty for rescuing beasts distrained: p If any person shall rescue any beast distrained or impounded for any cause, he shall be liable to an action on the case, to be brought by any person injured, to pay all damages which such person shall have sustained thereby, and all the fees and charges which shall have been incurred before the rescue, and shall also forfeit a sum not less than five, nor more than twenty dollars. [10703.]

Legality of distress to be tried only in action of replevin: The

defendant in any action brought for rescuing beasts distrained or im¬ pounded, shall not be allowed to allege or give in evidence the insuf¬ ficiency of the fences, or any other fact or circumstance to show that the distress or impounding was illegal; but if there is any ground of objection to the proceeding, of which he is entitled to avail himself, he may have the advantage thereof in an action of replevin, to be brought as provided in the following sections. [10704.]