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staff officer.

chief's staff.

commander-in

act as ordnance officer, each with the rank of major, and two personal aids with the rank of first lieutenant, to be appointed by the commander-in-chief on the recommendation of the brigade commander. No person shall be appointed or Who eligible as commissioned as a staff officer in the Michigan National Guard, except as medical officer or chaplain, who has not previously served two years or more in the National Guard service or in the regular or volunteer service of the United States army as a commissioned officer, or enlisted man, or both. Commissioned officers shall take rank according to the dates of their commissions. The day of the appointment or election of any officer shall be expressed in his commission and be considered as the date thereof. The staff of the com- Commander-inmander-in-chief shall consist of the adjutant general, the inspector general, the quartermaster general, the assistant adjutant general, the assistant inspector general, the assistant quartermaster general, four aids-de-camp, the judge advocate and the military secretary. The adjutant general, the inspector general and the quartermaster general shall have the rank of brigadier general, and their respective assistants and four aids-de-camp shall have the rank of colonel; the judge advocate and the military secretary shall have the rank of major. The commander-in-chief may, upon the rec- Appointments of ommendation of the State Military Board, appoint an addi- chief. tional assistant adjutant general, assistant inspector general and assistant quartermaster general, who shall have the rank of major and two assistant commissaries of subsistence, one with the rank of major and one with the rank of captain, who shall be members of the commander-in-chief's staff. SEC. 25. All officers, non-commissioned officers, musicians, Compensation of officers, privates, members of band and privates, shall receive for each day etc. actually spent by them on duty in the annual encampment authorized by this act or any duty under orders of the commander-in-chief, and for the time necessarily spent by them in traveling from their home to the place of rendezvous, and in returning to their homes, the following compensation, together with the necessary transportation, to wit: To each private, non-commissioned officer and musician not less than one dollar and twenty-five cents per day and subsistence, the cost of same not to exceed seventy-five cents per day, and the difference between the cost of rations and seventy-five cents to be paid the said non-commissioned officers, privates and musicians in money at the time of the payment for camp service. To all commissioned officers of the line, to the field, staff and other commissioned officers the pay and allowance as fixed by the United States army regulations of officers of the army of the same rank in the service of the United States: Provided, That in case of all officers who under this Proviso. act or the regulations of the State Military Board are paid an annual salary of more than one hundred dollars, this pay shall be in lieu of such annual salary during the time for

Further proviso. which it is paid: And provided further, That the commanding general of the brigade and the commander of the naval brigade, as members of the military board, shall receive an Further proviso. annual salary of five hundred dollars: And provided further, That any officer, soldier or musician guilty of drunkenness at any annual encampment, or on the way to and from such encampment, shall forfeit all pay for that entire tour of camp duty, and it shall be the duty of the officer charged with making the pay rolls to note the fact of intoxication or drunkenness against the name of the person guilty thereof. SEC. 67. A sum not exceeding five thousand dollars may be appropriated from the State military fund in each year for the promotion of rifle practice among the Michigan National Guard, to be expended under the direction of the State Military Board, and the State Military Board is hereby authorized to use a part of said sum in the defraying the expenses of such members of the Michigan National Guard as may be selected by them, on account of their proficiency as marksmen, to be sent to the National and State competitions in rifle practice.

Appropriation for rifle practice.

Mich. National

Guard retired

to.

Officers of, eligible for detail

SEC. 68a. All commissioned officers who may have heretolist, who cligible fore or shall hereafter serve in the Michigan National Guard for a period of ten years, or who shall become permanently disabled to perform their duties, irrespective of length of service, may upon their honorable retirement from service, whether by resignation or otherwise, be carried upon a roll to be established and maintained in the office of the adjutant general, which roll shall be designated "The Michigan National Guard Retired List," and shall be entitled to wear, on occasions of ceremony, the uniform of the highest rank which they have held. The officers so carried on said roll or appointment. may be eligible for detail or appointment on the general staff or the staff of any commander, when not physically disqualified for military duty, but when so appointed shall be re-commissioned as of the rank to which they may have been appointed, which rank they shall hold during the time of such appointment, unless promoted therefrom, and in case of a second retirement from actual service, they shall be entered on said roll as of their highest rank. No officer whose name shall appear on said retired list shall be entitled to receive any pay or emolument from the State, during the time he remains on said list, unless specifically assigned to duty in orders from the commander-in-chief, and in case he be reappointed or commissioned therefrom, he shall only be entitled to the pay and allowance provided by law for officers of the rank named in his last commission.

When not to receive pay or emolument.

Military fund, for what purposes available.

SEC. 68b. The State military fund provided and created for the expense of the State military department shall be a continuing fund available only for that purpose, and shall not be diverted to any other fund or purpose. And any portion of such fund heretofore covered into the general fund

of the State treasury, since the revision of the military laws
in nineteen hundred one, by reason of not having been used
within any specified period, shall still be a part of the State
military fund and available for the purposes for which raised.
This act is ordered to take immediate effect.
Approved May 11, 1905.

[No. 112.]

AN ACT to amend section thirty-seven of act number two hundred thirty-two of the public acts of Michigan of nineteen hundred three, entitled "An act to revise and consolidate the laws providing for the incorporation of manufacturing and mercantile companies or any union of the two, and for the incorporation of companies for carrying on any other lawful business, except such as are precluded from organization under this act by its express provisions, and to prescribe the powers and fix the duties and liabilities of such corporations."

The People of the State of Michigan enact:

amended.

SECTION 1. Section thirty-seven of act number two hundred Section thirty-two of the public acts of Michigan for the year nineteen hundred three, is hereby amended to read as follows:

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corporations or

corporations,

SEC. 37. This act shall include and apply to all the corpo- Shall apply to rations provided for in the following statutes: Chapters one ganized under hundred fifty-eight, one hundred eighty-one, one hundred certain chapters. eighty-two, one hundred eighty-three, one hundred eighty-five, one hundred eighty-eight, one hundred ninety, one hundred ninety-one and one hundred ninety-two of the Compiled Laws of eighteen hundred ninety-seven, as amended, and in addition shall repeal all other acts and parts of acts inconsistent with the provisions of this act. But the repeal of the foregoing Not to dissolve acts shall not dissolve any corporation formed or existing etc." under them, and all corporations of the nature of the corporations authorized to be organized under this act, now organized and existing under said several acts in this section mentioned, or either of them, shall be deemed and taken to be organizations under this act, and all rights, obligations and liabilities. contracted, acquired or incurred by any of such last mentioned corporations thereunder, or under the provisions of any law now in force, not inconsistent with the provisions of this act, shall continue of the same force and effect as though such acts or laws had not been repealed; and all such corporations from Corporations to and after the taking effect of this act, shall be subject to all provisions the provisions hereof, as fully as though such organizations hereof.

come under

Proviso, as to effect on certain corporations.

had been perpetual thereunder, and such organizations may continue to carry on the business specified in their articles of association under the provisions of this act as lawfully as if said acts mentioned in this section were not repealed: Provided, That nothing in this act contained shall be construed as in anywise affecting any other corporations whatever, or ganized under the several above named acts, for purposes other than those mentioned in section one of this act, but as to all such corporations the said several acts shall remain in full force. All corporations hereafter organized for any of the purposes provided for in this act shall incorporate under this Further proviso, act: And provided further, That any corporation mentioned or referred to in this section which, under the law under which it was organized, had the right or power to use the streets, lands and squares of any city, town or village for its corporate purposes, with the consent of the municipal authorities thereof, and under such reasonable regulations as they might prescribe, shall continue to have such right or power under this act as they enjoyed at the time of the passage of act number two hundred thirty-two of the public acts of nineteen hundred three, of which this act is an amendment. Approved May 11, 1905.

as to continua

tion of rights and powers.

When lawful to catch with dip

net

Proviso.

[No. 113.]

AN ACT to provide for the lawful taking of cisco fish in the waters of Corey lake, in St. Joseph county.

The People of the State of Michigan enact:

SECTION 1. It shall be lawful for any person, from October fifteen to November fifteen, both inclusive, to take cisco fish in the waters of Corey lake, in St. Joseph county, by means of a hand dip-net, not over two feet square: Provided, That the taking of such cisco fish shall in no way interfere with or destroy other fish protected under the laws of this Further proviso. State: And provided further, That the meshes in said nets authorized to be used under the provisions of this act shall, in no case be less than one-half inch.

Not to be sold.

SEC. 2. Any cisco fish taken in Corey lake, between the dates hereinbefore provided, may be retained by the person or persons so taking them, but shall not be sold or offered for sale.

This act is ordered to take immediate effect.
Approved May 11, 1905.

[No. 114.]

AN ACT to provide for screening the outlet of Hutchins lake in the townships of Clyde and Ganges, Allegan county, and to prohibit fishing in said lake in any manner, except with the hook and line.

The People of the State of Michigan enact:

provide wire

SECTION 1. It shall be the duty of the State Game and Fish warden to Fish Warden to provide and maintain wire screens, of meshes screens. one inch square, at the outlet of Hutchins lake, in the townships of Clyde and Ganges, Allegan county, Michigan, for the purpose of preventing fish from passing out of said lake, and for the propagation of fish therein. The expense of the Expense, how audited and paid. construction and maintenance of such screens shall be certified by the State Game and Fish Warden and audited by the township boards of the said townships of Clyde and Ganges, and paid out of any money belonging to the general fund of said townships not otherwise appropriated.

catch, except

line.

SEC. 2. It shall be unlawful for any person to take, catch Unlawful to or kill any fish in said Hutchins lake, in said county of Alle- with hook and gan (except dog fish, garfish and German carp) with a spear, net, grab hook, or by use of jacks or artificial light, or any kind of fire arms, or explosive materials, set lines, or other device whatsoever, except the hook and line in the hand or in immediate control.

what deemed.

SEC. 3. Any person destroying, injuring or removing any Misdemeanor, of the screens provided for in section one of this act, or violating any of the provisions of section two of this act, shall be deemed guilty of a misdemeanor, and upon convic- Penalty. tion thereof shall be fined not to exceed twenty-five dollars and costs of prosecution, or imprisonment in the county jail not to exceed thirty days.

This act is ordered to take immediate effect.

Approved May 11, 1905.

[No. 115.]

AN ACT to provide a tax to meet the amounts disbursed by the State at the several asylums for the support of patients under the several laws relating thereto.

The People of the State of Michigan enact:

SECTION 1. The Auditor General shall add to and incor- Amounts to be porate with the State tax for the year nineteen hundred five incorporated in the sum of seven hundred twenty-four thousand eight hund- 1905.

State tax, year

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