violation.

SEC. 2. Any person or persons violating any of the pro- Penalty for visions of this act shall be deemed guilty of a misdemeanor and, upon conviction thereof before any justice of the peace having jurisdiction, shall be punished by a fine of not less than ten dollars or more than one hundred dollars and costs of prosecution, or imprisonment in the county jail not to exceed sixty days, or by both such fine and imprisonment in the discretion of the court.

Warden and Fish

SEC. 3. It shall be the duty of the State Game Warden, Duties of Game the Commissioners of State fisheries and the sheriffs within Commissioners. their respective jurisdictions to enforce the provisions of this act, and when, upon complaint or information otherwise obtained they shall discover any violation thereof to institute the necessary proceedings to punish the offenders and it shall be their duty to seize and destroy any nets found, used or set in violation of this act.

nuisance.

SEC. 4. Any and all such nets set in said prohibited Nets declared waters in violation of the provisions of this act are hereby declared to be a public nuisance, and may be taken up and destroyed by any person finding the same without criminal or civil liability.

SEC. 5. All acts or parts of acts inconsistent with the Repealing clause. provisions of this act are hereby repealed.

This act is ordered to take immediate effect.
Approved April 6, 1905.

[No. 50.]

AN ACT permitting the catching and taking of German carp,
suckers, mullet and grass pike in the waters of Black river,
Belle river and Pine river within the county of St. Clair,
Michigan.

The People of the State of Michigan enact:

take with net.

SECTION 1. It shall be lawful, under such regulations as When lawful to are hereinafter provided, to catch or take by use of net, or with hook and line, German carp, suckers, mullet and grass pike, in the waters of Black river, Belle river and Pine river, within the county of St. Clair, Michigan.

ers to make rules.

SEC. 2. Such fish shall be caught or taken, under such Fish Commissionrules and regulations as may be adopted by the Board of State Fish Commissioners. Said board is hereby authorized to make such rules and regulations in relation thereto as they may deem necessary and proper, including the inspection of such fishing, and the requirement of a bond running To require bond. to the said Board of State Fish Commissioners, conditioned for the payment of a penalty of fifty dollars for each and

Size of mesh permitted.

Penalty for violation.

every violation of this and any other law for the protection of fish.

SEC. 3. The use of nets of a mesh less than four inches in size extension measure as used, shall not be permitted, and no kind of fish except German carp, suckers, mullet and grass pike may be lawfully taken and retained, under the provisions of this act.

SEC. 4. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and, upon conviction thereof, before any court of competent jurisdiction, shall be punished by a fine of not to exceed one hundred dollars or imprisonment in the county jail for a period of not to exceed ninety days in the discretion of the court.

This act is ordered to take immediate effect.
Approved April 6, 1905.

Section amended.

Board of jury commissioners, who to appoint.

[No. 51.]

AN ACT to amend section one of an act, entitled "An act to create a board of jury commissioners, consisting of seven persons for courts of record in the county of Wayne, and to repeal act number ninety-five of the public acts of eighteen hundred eighty-seven, as amended by act number forty-two of the public acts of eighteen hundred ninety-one, and all other acts and parts of acts contravening the provisions of this act," being act number two hundred four of the public acts of eighteen hundred ninety-three, as amended by act one hundred twenty-nine of the public acts of eighteen hundred ninety-nine, and act two hundred eleven of the public acts of nineteen hundred one.

The People of the State of Michigan enact:

SECTION 1. That section one of an act, entitled "An act to create a board of jury commissioners, consisting of seven persons for courts of record in the county of Wayne, and to repeal act number ninety-five of the public acts of eighteen hundred eighty-seven, as amended by act number forty-two of the public acts of eighteen hundred ninety-one and all acts and parts of acts contravening the provisions of this act," being act number two hundred four of the public acts of eighteen hundred ninety-three, as amended by act one hundred twenty-nine of the public acts of eighteen hundred ninety-nine and act two hundred eleven of the public. acts of nineteen hundred one, be amended to read as follows: SECTION 1. That there shall be a board of jury commissioners for Wayne county, consisting of seven qualified electors who shall be appointed by the Governor with the

1

filled.

vacant.

members.

consent of the Senate, two of whom shall hold office for two Term of office.
years, two for four years, and three for six years from the
first of May, eighteen hundred ninety-three, and when the
term of office of any commissioner shall expire, commission-
ers thereafter appointed shall hold their office for the term
of six years.
Appointments to fill vacancies that may occur Vacancies, how
may be made by the Governor when the legislature is not
in session, and the person or persons so appointed shall,
unless their time sooner expires, hold their office until the
close of the session of the legislature next following such
appointment. No person holding an office or employment of Members not to
profit in or under either the city government of the city of hold other office.
Detroit or the county government of the county of Wayne,
the State of Michigan or the United States, shall be eligible
to appointment as such commissioner. In case any such When office
commissioner shall accept any such office or employment,
after his election or appointment, his office as such commis-
sioner shall thereby become vacant. Five members of said Residence of
board shall be residents of the city of Detroit, and the other
two members shall reside outside of the limits of the city
and within said county. The official terms of said commis- Terms, when to
sioners shall commence on the first day of May, and they shall
hold office for the term of six years. Said commissioners
before entering upon the discharge of their duties, shall take
and subscribe the oath of office prescribed by the constitution,
and file the same in the office of the county clerk. They shall Select president
elect one of their number president, and shall appoint a
secretary, who shall keep a record of their proceedings. The
commissioners shall receive two dollars and fifty cents for Compensation of.
each day's service and mileage for their traveling expenses
while in actual performance of their duties at the rate of
ten cents per mile, but the total compensation paid any one
of said commissioners not including mileage, shall not ex-
ceed fifty dollars in any one year. The secretary shall receive Compensation of
such compensation as shall be certified by said board, or a
majority of its members, as suitable and proper, to the
county auditors, and to be paid by the county, but not ex-
ceeding three hundred fifty dollars per annum.

This act is ordered to take immediate effect.
Approved April 12, 1905.

commence.

and secretary.

secretary.

Chapter amended.

Services of Commissioners, etc., in Cheboygan and Emmet counties,

how paid, etc.

[No. 52.]

AN ACT to amend chapter nine of an act entitled "An act to provide for the construction and maintenance of drains and the assessment and collection of taxes therefor, and to repeal all other laws relating thereto," being act number two hundred fifty-four of the public acts of eighteen hundred ninety-seven, approved June two, eighteen hundred ninety-seven, as amended by the several acts amendatory thereto, by adding to said chapter a new section, to stand as section fifteen, and providing for the payment of certain drain orders in Cheboygan and Emmet counties.

The People of the State of Michigan enact:

SECTION 1. Chapter nine of an act entitled "An act to provide for the construction and maintenance of drains, and the assessment and collection of taxes therefor, and to repeal all other laws relating thereto," being act number two hundred fifty-four of the public acts of eighteen hundred ninetyseven, as amended by the several acts amendatory thereto, is hereby amended by adding thereto a new section to stand as section fifteen, and read as follows:

SEC. 15. In case of the establishment of any drain in Cheboygan and Emmet counties, and after the determination that the same is practicable as provided in section two, chapter three of this act, the services of the commissioner, surveyor and necessary helpers, rendered before and up to the time of such determination in laying out and surveying such drain may, after being audited as provided in this act, be paid out of the general funds of said counties of CheboyJudge of Probate gan and Emmet. The orders drawn for said services shall be approved and countersigned by the judge of probate of said counties, and give the name of the drain for which the Transfer of funds. services were rendered. Out of the first money received by the county treasurer to the credit of any particular drain fund there shall be transferred to the general fund a sufficient sum to reimburse it for any moneys paid from such general fund under the provisions of this section for the benefit of such particular drain fund, and properly chargeable thereto.

to approve orders.

This act is ordered to take immediate effect.
Approved April 12, 1905.

[No. 53.]

AN ACT to amend section two of act number three hundred eighty-nine of the public acts of eighteen hundred seventythree, entitled "An act to prevent the destruction of fish in Reed's lake and Fisk's lake in the township of Grand Rapids in the county of Kent," as amended by act number two hundred seventy-eight of the public acts of eighteen hundred ninety-seven, and act number one hundred fortyfour of the public acts of nineteen hundred three.

The People of the State of Michigan enact:

SECTION 1. Section two of act number three hundred Section amended. eighty-nine of the public acts of eighteen hundred seventythree, entitled "An act to prevent the destruction of fish in Reed's lake and Fisk's lake in the township of Grand Rapids in the county of Kent," as amended by act number two hundred seventy-eight of the public acts of eighteen hundred ninety-seven, and act number one hundred forty-four of the public acts of nineteen hundred three, is hereby amended to read as follows:

in certain

SEC. 2. It shall not be lawful to fish in Reed's lake or Unlawful to take Fisk's lake in the township of Grand Rapids in the county months. of Kent, or either of them, in any manner, or to take and remove any fish therefrom, in any manner, at any time during the months of October, November, December, January, February, March and April in any year.

This act is ordered to take immediate effect.
Approved April 12, 1905.

[No. 54.]

AN ACT to repeal act number forty-eight of the public acts of eighteen hundred ninety-nine, entitled "An act to prohibit the taking or catching of fish in that portion of Pine river which lies within the counties of Gratiot and Montcalm, in this State, by means of spears, nets, set lines or night lines, snares, artificial lights, or explosive substances, and to prohibit the taking or catching of fish in said river except by hook and line; and to provide a penalty for any violation of the provisions of this act, and to repeal all acts or parts of acts inconsistent herewith."

The People of the State of Michigan enact:

SECTION 1. Act number forty-eight of the public acts of Act repealed. eighteen hundred ninety-nine, entitled "An act to prohibit