domestic, for the purpose of mining, refining, smelting or manufacturing any or all kinds of ores, minerals or metals. Approved May 10, 1905. Section amended. City shall consti tute single school district. Proviso, as to re-incorporated cities and villages. [No. 106.] AN ACT to amend section one of chapter thirty-two of act number two hundred fifteen of the public acts of eighteen hundred ninety-five, entitled "An act to provide for the incorporation of cities of the fourth class," approved May twenty-seventh, eighteen hundred ninety-five, said section being compiler's section three thousand three hundred thirty-eight of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section one of chapter thirty-two of act number two hundred fifteen of the public acts of eighteen hundred ninety-five, entitled "An act to provide for the incorporation of cities of the fourth class," approved May twenty-seventh, eighteen hundred ninety-five, said section being compilers' section three thousand three hundred thirty-eight of the Compiled Laws of eighteen hundred ninety-seven, be amended to read as follows: SEC. 1. Each city incorporated under this act shall constitute a single school district. Such school district shall be a body corporate, by the name and style of the "public schools of the city of (naming the city) and shall possess the usual powers of corporations for public purposes; and in that name may sue and be sued, and purchase, acquire, hold and dispose of such real and personal property as is authorized to be purchased, acquired or disposed of by this chapter: Provided, That if in any village re-incorporated as a city or any city re-incorporated under and made subject to the provisions of this act, there shall be a school district extending beyond the city limits, or having a special charter, then such school district shall not be governed by the provisions of this chapter, but all the laws and regulations now governing such district shall remain in full force and effect the same as if such city or village had not been re-incorporated. Approved May 10, 1905. [No. 107.] AN ACT to regulate the use of artesian and other wells; to prevent the waste of waters therefrom, and provide a remedy therefor. The People of the State of Michigan enact: deemed. SECTION 1. Any artesian or flowing well, the water of Nuisance, what which is unnecessarily allowed to run to waste in an unreasonable manner to the depletion or lowering of the head or reservoir thereof to the detriment or damage of other wells supplied from the same head or reservoir, shall be deemed a nuisance, and its owner and the owner of the land Who liable. on which it is situated shall be subject to all the actions for abatement and damages in favor of the person or persons injured that are or may be provided by law for other nuisances or tortious acts. and unnecessary use, deemed a SEC. 2. Where any well is supplied by a head, reservoir, Unreasonable stratum, or vein or by percolating waters common to other springs or wells, and the owner thereof or his lessee or nuisance. licensee puts its waters to a use unreasonable or unnecessary, in view of the condition and situation of the land on which it is situated, and through such unreasonable or unnecessary use, lowers or depletes the head, pressure, or supply of water of any spring or well dependent on the same head, vein, or stratum, to the detriment or injury of the owner or any person entitled to the use thereof, the well so unreasonably and unnecessarily used, shall be deemed to be a nuisance, and its owner and the owner of the land on which it is Who liable. situated shall be subject to all the actions for abatement and damages in favor of the person or persons injured, that are or may be provided by law for other nuisances or tortious acts. well a nuisance, SEC. 3. Where any decree is rendered under this act de- Decree, declaring claring any well a nuisance because of the waste or unrea- what to specify. sonable use of its waters and directing the abatement thereof, such decree shall specify in some practicable manner the daily amount or volume of water that may be used or allowed to flow therefrom without violating such decree, and specify such reasonable time as to the court shall seem just within which the provisions thereof shall be carried into effect: Provided, That any such decree may be reopened at any time Proviso. after entry on the question of reasonable use on a proper showing of change of circumstances or other equitable reason therefor. This act is ordered to take immediate effect. Unlawful to spear in certain townships. Penalty for violation. [No. 108.] AN ACT for the protection of fish in the Grand river and its tributaries in the townships of Portland and Danby, in the county of Ionia. The People of the State of Michigan enact: SECTION 1. It shall not be lawful for any person or persons to spear or attempt to spear any fish in the waters of the Grand river or its tributaries in the townships of Portland and Danby, in the county of Ionia. SEC. 2. Any person offending against the provisions of this act shall be deemed guilty of a misdemeanor and, upon conviction thereof before a court of competent jurisdiction, shall be fined a sum not to exceed twenty dollars or twenty days' imprisonment in the county jail, or both such fine and imprisonment in the discretion of the court. This act is ordered to take immediate effect. Misdemeanor, who deemed guilty of. Penalty. Section repealed. [No. 109.] . AN ACT to prevent persons from unlawfully using or wearing the badge or button of the Grand Army of the Republic, the Loyal Legion of the United States, or the United Spanish War Veterans, and to repeal section eleven thousand seven hundred sixty-eight of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Any person who shall wear the badge or button of the Grand Army of the Republic, the Loyal Legion of the United States, or the United Spanish War Veterans without being entitled to use or wear the same under the rules and regulations of such several organizations, or who shall use or wear the badge or button thereof to obtain aid or assistance thereby within the State shall be guilty of a misdemeanor and if convicted thereof, shall be punishable by imprisonment in the county jail for a term not exceeding thirty days, or a fine not exceeding twenty dollars, or by both such fine or imprisonment in the discretion of the court. SEC. 2. Section eleven thousand seven hundred sixty-eight of the Compiled Laws of eighteen hundred ninety-seven is hereby repealed. This act is ordered to take immediate effect. [No. 110.] AN ACT to authorize townships, cities and villages to appropriate money to defray the expenses of the proper observance of Memorial or Decoration Day. The People of the State of Michigan enact: Memorial Day. amount. SECTION 1. It shall be lawful for the township board of Who may approany township, the board of trustees of any village or the priate money for common council of any city in this State, to appropriate money for the purpose of defraying the expenses of the proper observance of Memorial or Decoration Day: Provided, That Proviso as to the amount expended in any one year under the provisions of this act shall be limited as follows: In any township, city or village having a population of less than five thousand inhabitants, a sum not exceeding fifty dollars; in any village containing not less than five thousand inhabitants, a sum not exceeding one hundred dollars; in any village or city containing not less than ten thousand inhabitants, a sum not exceeding one hundred twenty-five dollars, and in any village or city containing not less than twenty thousand inhabitants, a sum not exceeding one hundred fifty dollars. The sums hereby authorized to be appropriated shall be Amounts how assessed, levied and collected in the same manner as other assessed, etc. expenses of such township, village or city are assessed, levied and collected. observance of. SEC. 2. The manner and extent of such observance of Who to direct Memorial or Decoration Day shall be under the direction of the township board of the township, board of trustees of the village or common council of the city, as the case may be, and the expense thereof shall be paid in the same manner as other expenses of such township, village or city are paid. This act is ordered to take immediate effect. Approved May 10, 1905. [No. 111.] AN ACT to amend sections nine, eleven, twenty-five and sixty-seven of act number two hundred four of the public acts of nineteen hundred one, entitled "An act to increase the efficiency of the military establishment of the State of Michigan, and to repeal all former acts or parts of acts inconsistent with the provisions of this act," and to add two new sections thereto to stand as sections sixty-eight a and sixty-eight b. The People of the State of Michigan enact: SECTION 1. Sections nine, eleven, twenty-five and sixty- Sections. seven of act number two hundred four of the public acts of amended. Mich. National Guard, what to compose. Proviso. Brigadier general, who to appoint. Vacancies in field officers, how filled. Who entitled to vote. Who eligible to election. Brigade staff, who to consti. tute. nineteen hundred one, entitled "An act to increase the efficiency of the military establishment of the State of Michigan, and to repeal all former acts or parts of acts inconsistent with the provisions of this act," are hereby amended, and two new sections added thereto to stand as sections sixtyeight a and sixty-eight b, said amended and added sections to read as follows: SEC. 9. The Michigan National Guard shall be composed of not less than thirty-six companies of infantry, and not more than thirty-six companies of infantry shall be organized and maintained as part of the Michigan National Guard until after there be organized by the commander-in-chief with the advice of the State Military Board, to form a part of the Michigan National Guard, one troop of cavalry, one battery of light artillery, one signal company and one company of engineers. The commander-in-chief may, by the advice of the State Military Board, organize, to form a part of the Michigan National Guard, one troop of cavalry, one battery of light artillery, one signal company and one company of engineers: Provided, That it shall be lawful to procure not to exceed four automatic guns, or other repeating or revolving guns, and to provide for their use by said companies of infantry or detachments therefrom. All of which force shall be under such rules and regulations as may be prescribed for the service by the State Military Board. SEC. 11. Upon the expiration of the commission of the brigadier general commanding when this law shall take effect, the commander-in-chief shall appoint and commission his successor for a term of three years from among the active officers above the rank of captain of the Michigan National Guard; and thereafter every three years a brigadier general shall be appointed and commissioned in like manner. All vacancies in the field officers of a regiment shall be filled by an election, the time and place of holding which shall be fixed by the adjutant general. Said election shall be by ballot and all field officers so chosen must receive a majority of all the votes cast. All commissioned officers attached to companies belonging to such regiment, together with the majors commanding battalions, and the colonel and lieutenant colonel shall be entitled to vote. Ten days' notice of the time and place of holding such election shall be given each officer entitled to a vote therein. Only captains of companies in the battalion where a vacancy in the position of major has occurred shall be eligible to election as major of such battalion; and no active officer below the rank of major shall be eligible for election to the position of colonel or lieutenant colonel. The brigade staff shall consist of one chief surgeon with the rank of lieutenant colonel, one assistant adjutant general, one assistant quartermaster general, one assistant inspector general, one commissary of subsistence, and one inspector of small arms practice, who shall |