lication shall be made in some newspaper published and circulated in an adjoining county, and due proof of publication, by affidavit of the printer or publisher of such newspaper shall be filed with the county clerk, and shall be in lieu of the personal service above provided for. possession. tion in case of SEC. 142. No purchaser under any tax sale hereafter made When purchaser or of any State tax land or any State bid hereafter sold shall may enter into enter into possession of the land so purchased until six months after he has given notice to the party or parties in interest as provided for in the preceding sections unless he shall have acquired from said parties their title thereto under conveyance from said party or parties of his or their interest in said lands. Where the land is vacant and unoccupied and no writ Time of redempof assistance is needed to put the purchaser into possession vacant and unthereof, the time for redemption herein provided shall expire occupied land. six months after the delivery of such notice to said party or parties in interest, or date of mailing such notice by registered letter, or first publication thereof, and filing proof thereof with the county clerk of the county where said lands are situated as herein provided: Provided, That if suit or Proviso. other proceeding is commenced before the expiration of the said six months by the owner of the land so purchased, or one having a redeemable interest therein, to set aside the sale thereof, the purchaser under tax sale or his grantee shall not enter into possession of the land until the final determination of such suit or other proceeding. dence of owner SEC. 142 a. If any such grantee or grantees, mortgagee or Prima facie evimortgagees or person or persons so in possession shall fail ship. and neglect to redeem such land within said six months, as provided in the foregoing sections, at any time after the expiration thereof the purchaser under such sale or deed may cause to be recorded in the office of the register of deeds of the county in which such land is situate, in a record to be provided for that purpose, a copy of said notice and proof of service thereof, duly certified by the county clerk in whose office the same is filed, and the record thereof shall be prima facie evidence in all courts and tribunals that such purchaser is the owner of said land under said purchase. Such county Fees of county clerk shall be entitled to a fee of twenty-five cents for filing ter of deeds. such notice and to the fees provided by law for making such copy thereof and certifying thereto, and such register of deeds shall be entitled to the same fees for recording such copy, as is provided by law for recording deeds of conveyance and other instruments. This act is ordered to take immediate effect. clerk and regis Unlawful to spear in certain waters. Penalty for violation. [No. 143.] AN ACT for the protection of fish in the Kalamazoo river and its tributaries in the townships of Marshall and Marengo in the county of Calhoun. The People of the State of Michigan cnact: 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 Kalamazoo river or its tributaries in the townships of Marshall and Marengo in the county of Calhoun. SEC. 2. Any person violating the provisions of section one of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof before a court of competent jurisdiction shall be punished by a fine not to exceed twenty-five dollars, or by imprisonment in the county jail of said county for a term not exceeding thirty days, or by both such fine and imprisonment in the discretion of the court. This act is ordered to take immediate effect. Section amended. Certain State officers, authorized to procure copies of records, etc. [No. 144.] AN ACT to amend section nine thousand thirty-three of Howell's annotated statutes, being section eleven thousand two hundred thirty-eight of the Compiled Laws of eighteen hundred ninety-seven, relative to the furnishing of copies of records in State and county offices. The People of the State of Michigan enact: SECTION 1. Section nine thousand thirty-three of Howell's annotated statutes, being section eleven thousand two hundred thirty-eight of the Compiled Laws of eighteen hundred ninetyseven, relative to the furnishing of copies of records in State and county offices, is hereby amended to read as follows: SEC. 31. The Secretary of State, Auditor General, Treasurer, Attorney General, Commissioner of the Land Office and Superintendent of Public Instruction, respectively, shall be authorized to require searches in the respective offices of each other, and in the office of the clerk of the Supreme Court, of the several circuit courts, of the several probate courts, and registers of the several probate courts, of the registers in chancery, of registers of deeds, and of the county treasurers, for any papers, records, or documents necessary to the discharge of the duties of their respective offices, and to require, and obtain, copies thereof, and extracts therefrom, without the payment of any fee or charge whatever. Approved May 25, 1905. [No. 145.] AN ACT to provide for the gathering of spawn in the Great Lakes bordering upon this State, by the United States Bureau of Fisheries, and to provide a penalty for the unauthorized use or imitation of ensigns and markers used by the United States Bureau of Fisheries in taking such spawn; and to repeal section six of act number eighty-eight of the public acts of eighteen hundred ninety-nine. The People of the State of Michigan enact: To have, etc., SECTION 1. It shall be lawful for the United States Bureau Lawful to catch of Fisheries, through its duly authorized agents, representa fish culture, etc. for purpose of tives or employes, to catch fish in any manner and in any of the waters of this State during any and all seasons of the year for the purpose of fish culture and scientific investigations; to have and to hold ripe and unripe fish in order to take spawn for hatching therefrom, and to sell all such ripe and unripe fish as are of spawn, legal size, and devote the proceeds of such sales exclusively towards the defraying of the expenses incurred in catching such fish, and the work of collecting and hatching such spawn by the United States Bureau of Fisheries in the State of Michigan: Provided, That the State Game and Fish Warden or Proviso. other proper officer shall be duly notified of the time and place of such fishing: And provided further, That at least seventy- Further five per cent of the fry resulting from the spawn so taken proviso. shall be planted in the waters of this State: And provided Further further, That the State Board of Fish Commissioners shall receive an annual report of the operations under this act. proviso. carry ensigns SEC. 2. All boats, buoys, nets and appliances for catching Boats, etc., to fish, as herein provided, shall carry such ensigns and markers and markers. as shall distinctly show that they are being used by the United States Bureau of Fisheries. It shall be unlawful to have in Possession of, when unlawful.. possession or use such ensigns and markers or imitations thereupon any boat, buoy, net or fishing appliance except when in use by the United States Bureau of Fisheries; and the person or corporation which shall violate this provision shall be deemed to be guilty of a misdemeanor, and upon conviction Misdemeanor, thereof shall be punished by a fine of not less than one hundred Penalty. dollars nor more than five hundred dollars, or by imprisonment in the Detroit house of correction for a period of not more than one year, or by both such fine and imprisonment in what deemed. the discretion of the court. Any fine imposed upon a corpora- Suit to recover tion under this act may be recovered of said corporation by a fine, etc. suit in the circuit court for the proper county, and any recovery shall carry with it full costs of suit. SEC. 3. Section six of act number eighty-eight of the public section. acts of eighteen hundred ninety-nine, being an added section repealed. to act number one hundred fifty-one of the public acts of eighteen hundred ninety-seven, entitled "An act to regulate the catching of fish in the waters of this State by the use of pound or trap nets, gill nets, seines and other apparatus," is hereby repealed. Approved May 25, 1905. State highway department established, duties, etc. State highway commissioner, when appointed, term, etc. [No. 146.] AN ACT to create and establish a State Highway Department by the appointment of a State Highway Commissioner and assistants, and defining the powers and duties of the office, and to provide for a system of state, co-operation with townships and counties in the improvement of the public wagon roads, and to make an appropriation therefor for the fiscal years ending June thirty, nineteen hundred six, and June thirty, nineteen hundred seven, and to provide a tax to meet the same. The People of the State of Michigan enact: SECTION 1. That there is hereby created and established a State Highway Department, which shall be charged with the giving of instruction in the art of building, improving and repairing public wagon roads and bridges, collecting reports from township and county highway commissioners, overseers of highways and superintendents and commissioners of streets in villages and cities, and with the distribution of any State reward for improving the public wagon roads, that this legislature or any future session may provide for, or any funds that may be given to the State for such purpose by the United States government. SEC. 2. The chief officer of said department shall be denominated the State Highway Commissioner. He shall be a citizen of this State, and shall have his office at the seat of government, and personally superintend the duties thereof. He shall be appointed within fifteen days from the time that this act takes effect, by the Governor, by and with the advice and consent of the Senate, and shall hold his office for the term of four years from July first, nineteen hundred five, and until his successor is duly appointed and qualified; he shall receive an annual salary of twenty-five hundred dollars, to be paid monthly. He may appoint a deputy, who shall be oath, duties, etc. a competent civil engineer, with the approbation of the Governor, and may revoke such appointment at pleasure. Such deputy shall take and subscribe the oath prescribed by the constitution, and whenever the commissioner shall, by reason of sickness, absence or other cause, be disabled from executing the duties of his office, his deputy duly appointed shall execute the duties thereof until such disability or cause Deputy, to take paid. expenses. Vacancy. of commissioner. be removed, or until a commissioner shall be appointed; and such deputy shall receive an annual salary of eighteen hun- Salary. dred dollars, to be paid monthly. The commissioner may em- Employes. ploy such other clerks or employes as may be necessary to perform the duties incumbent upon the department, who shall be paid monthly. The salaries of the commissioner, deputy Salaries, how commissioner and others employed by authority of this act shall be approved by the Board of State Auditors, and paid upon the warrant of the Auditor General: Provided, That in Proviso, as to no case, however, shall the running expenses of the department, including the salaries of the commissioner, and deputy commissioner, and all others employed by the authority of this act, exceed the sum of ten thousand dollars in any one year. Whenever a vacancy shall occur in said office of commissioner, by reason of death, removal or otherwise, the Governor shall fill such vacancy by appointment, by and with the advice and consent of the Senate, if in session. The com- Oath and bond missioner shall within fifteen days from the time of notice of his appointment, take and subscribe the oath of office prescribed by the constitution, and file the same in the office of the Secretary of State, and the said commissioner shall give to the people of the State of Michigan, a bond in the penal sum of five thousand dollars, with sureties to be approved by the Auditor General, conditioned for the faithful discharge of the duties of his office. The commissioner shall make a Biennial report, biennial report to the Governor, to be by him transmitted to etc. the legislature at each biennial session thereof. Such reports. shall contain the names and compensation of each and every person that may be or has been employed by the department and the whole amount of expenses by the department during the interim not previously reported; such report shall be made on or before the first day of February, nineteen hundred seven, and every two years thereafter, and the commissioner shall have printed a sufficient number of these reports to provide every township overseer of highways in townships under the cash tax system, every township highway commissioner, county highway commissioner and superintendent or commissioner of streets in the State with one, and enough more to satisfy the demand that the public weal may warrant. what to contain, when held, who to attend, etc. SEC. 3. The township overseers of highways of townships Road institute, under the cash tax township system and highway commissioners of the several townships in each and every county in the State, and the county highway commissioners in counties working under the county road law, shall meet annually in a road institute, at such time and place in each county as the State Highway Commissioner may designate, there to consider such matters as he may present to their attention, and to discuss such matters of road improvement as may be of special interest to such overseers of highways, township and county highway commissioners and every overseer and town |