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not less than one hundred dollars for the first offense, and not less than three hundred dollars for every subsequent offense, and the offender shall also be liable for damages sustained by the purchaser of such feeding stuff on account of such misrepresentation.

(g) The Dairy and Food Commissioner, by any duly authorized agent, is hereby authorized to select from any package of commercial or other feeding stuff exposed or of fered for sale in this State, a quantity not exceeding two pounds for a sample, such sample to be used for the purposes of an official analysis and for comparison with the certificate filed with the Dairy and Food Commissioner, and with the certificate affixed to the package on sale.

SEC. 19. The published annual report of the Dairy and Food Commissioner which shall be made to the Governor, shall include a complete accounting of all moneys received by the department from every source, and the amount expended by the department.

SEC. 20. All acts and parts of acts inconsistent with this
act so far as they are inconsistent are hereby repealed.
This act is ordered to take immediate effect.
Approved March 9, 1905.

Supervisors may authorize appointment of

probate register.

Probate judge to appoint.

[No. 13.]

AN ACT to provide for the appointment of a probate register for the county of Houghton, to prescribe his duties and to fix his compensation.

The People of the State of Michigan enact:

SECTION 1. The board of supervisors of Houghton county shall have power to authorize the probate judge to appoint a probate register for said county, who shall receive such annual salary, payable monthly from the county treasury, as the board of supervisors shall prescribe, which shall be not to exceed one thousand dollars.

SEC. 2. Such probate register shall be appointed by the probate judge and shall hold office during the pleasure of said probate judge, and shall take and subscribe the constitutional oath and file the same with the county clerk, when Power of register. he shall have power to receive petitions, fix the time of hearings, administer oaths, and do all other acts required of the probate judge, except judicial acts, and shall receive no other fees than are now prescribed by general law for judges of probate.

This act is ordered to take immediate effect.
Approved March 9, 1905.

[No. 14.]

AN ACT to amend section one of act number twenty-three of the public acts of eighteen hundred ninety-three, as amended by act number ninety-eight of the public acts of nineteen hundred three, entitled "An act to prohibit the taking, catching or destruction of fish in Raisin river of this State."

The People of the State of Michigan enact:

SECTION 1. Section one of act number twenty-three of the Section public acts of eighteen hundred ninety-three, as amended by amended. act number ninety-eight of the public acts of nineteen hundred three, entitled "An act to prohibit the taking, catching or destruction of fish in Raisin river of this State," is hereby amended to read as follows:

and line.

SECTION 1. It shall not be lawful for any person to take, Unlawful to take catch or kill any fish in the River Raisin in this State, with except with hook a spear, net, grab hook or by use of jacks or artificial light or any kind of firearms or explosive material, set lines or other device, except the hook and line: Provided, It shall not Proviso. be unlawful to take, catch or kill any fish in said river within the county of Washtenaw in this State with a spear, or by use of jacks or artificial light in the months of November, December, January and February of each year.

This act is ordered to take immediate effect.
Approved March 9, 1905.

[No. 15.]

AN ACT to amend section one hundred forty-six of chapter twenty-nine of the Compiled Laws of eighteen hundred ninety-seven, relating to appeals to the Supreme Court from the circuit courts in chancery, the same being compiler's section five hundred fifty-two.

The People of the State of Michigan enact:

SECTION 1. That section one hundred forty-six of chapter Section twenty-nine of the Compiled Laws of eighteen hundred ninety- amended. seven, relating to appeals to the Supreme Court from the circuit courts in chancery, the same being compiler's section five hundred fifty-two, be amended so as to read as follows: SEC. 146. It shall be the duty of the register, upon pay- Duty of register ment to him of a sum not to exceed five dollars as his fees, upon payment by the appellant, to attach together the original bill, process, by appellant.

of certain fees,

When records, etc., to be transmitted to supreme court.

deemed to have waived appeal.

answer, replication, and all other proceedings, processes, motions, notices, orders and decrees, which have been filed in said cause, together with the original minutes of all testimony in the cause, whether taken in open court by a commissioner, or settled by the court, and also a copy of all journal and calendar entries, and all other proceedings of record in the cause not embraced in the original papers herein before mentioned, and transmit the same, together with his certificate of the genuineness of the said original, and the correctness of said copies of such journal and calendar entries and records, to the Supreme Court, within fifteen days after such When appellant appeal shall be perfected; and if an appellant shall neglect to pay to such register the fee above provided for making such returns for thirty days after such appeal has been perfected, he shall be deemed to have waived his appeal and the appellee may at once proceed to enforce his decree the same as if no appeal had been taken: Provided, however, That when any such appeal shall, either before or after the passage of this act, have been dismissed for non-payment of said register's fee within said period of thirty days, if the appellant shall by petition and competent proof make it appear to the Supreme Court that said fee has since been paid and that justice requires a revision of the case upon the merits, said court may reinstate such appeal upon such terms as may be just; but such reinstatement shall not be allowed without due notice to the party adversely interested and giving him an opportunity to be heard nor unless the petition therefor shall be filed within one year after such dismissal.

Proviso as to reinstatement of appeal.

Notice of, to adverse party.

Repealing clause.

SEC. 2. All acts or parts of acts contravening this act are hereby repealed.

This act is ordered to take immediate effect.
Approved March 10, 1905.

Section amended.

[No. 16.]

AN ACT to amend section fourteen of chapter four of act one hundred sixty-four of the public acts of eighteen hundred eighty-one, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act," being section four thousand seven hun. dred five of the Compiled Laws of eighteen hundred ninety

seven.

The People of the State of Michigan enact:

SECTION 1. Section fourteen of chapter four of act one hundred sixty-four of the public acts of eighteen hundred

eighty-one, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act," being section four thousand seven hundred five of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows:

SEC. 14. The supervisor shall also assess upon the taxable Assessment of property of his township, one mill upon each dollar of the one-mill tax. valuation thereof in each year, and report the aggregate valuation of each district to the township clerk, who shall report said amount to the director of each school district in his township, or to the director of any fractional school district a portion of which may be located in said township before the first day of September of each year: Provided, Proviso. That before the supervisor shall assess said tax he shall When assessment examine the reports of the several school districts in his town- not to be made. ship for the preceding year and if said reports show, exclusive of funds raised for building purposes, a balance on hand in any district of a sum equal to or in excess of the amount paid for teachers' wages in said district during the preceding year, then said supervisor shall not assess the one-mill tax upon the property of such district for the ensuing year. All moneys raised by one-mill tax shall be apportioned by the Moneys aptownship clerk to the district in which it was raised, and all portioned by moneys collected by virtue of this act during the year, on any property not included in any organized district, or in dis- How. tricts which have not maintained school for the required period during the previous year, shall be apportioned to the several other school districts of said township that did maintain school, in the same manner as the primary school interest fund is now apportioned. All moneys accruing from the one- In township mill tax upon the property of any district in any township before said district shall have a legal school therein, shall belong to the district in which it was raised when such district shall have maintained school for the required period by a qualified teacher.

Approved March 15, 1905.

town clerk.

where no districts

are formed.

Section

amended.

Sixteenth district,

rapher.

Duties of, in justice courts.

[No. 17.]

AN ACT to amend section number twenty-nine of act number one hundred eighty-three of the public acts of eighteen hundred ninety-seven, entitled "An act to provide for the appointment and to fix the term of office, duties and compensation of circuit court stenographers in the State of Michigan," said section being compiler's section number three hundred ninety-one of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Section number twenty-nine of act number one hundred eighty-three of the public acts of eighteen hundred ninety-seven, being compiler's section number three hundred ninety-one of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended so as to read as follows:

(391) SEC. 29. In the sixteenth circuit, the stenographer salary of stenog shall be paid an annual salary of twelve hundred dollars; and it shall be the duty of the stenographer in said sixteenth circuit, when the same shall not conflict with his official duties relative to the work connected with the circuit court, to attend, when so directed by the circuit judge, all preliminary examinations before justices of the peace in said county of Macomb, take full stenographic minutes of the testimony, transcribe the same and furnish the prosecuting attorney of the county of Macomb with a copy of the transcription, without extra compensation therefor.

Sections amended.

This act is ordered to take immediate effect.
Approved March 15, 1905.

[No. 18.]

AN ACT to amend sections four, five, six and seven of act number eighty-one of the public acts of eighteen hundred seventy-three, being "An act to establish a 'State Board of Health,' to provide for the appointment of a 'Superintend ent of Vital Statistics,' and to assign certain duties to local boards of health," said sections being sections four thousand four hundred, four thousand four hundred one, four thou sand four hundred two and four thousand four hundred three of the Compiled Laws of eighteen hundred ninetyseven, and to repeal act two hundred forty-one of the public acts of eighteen hundred eighty-one, act one hundred forty-two of the public acts of eighteen hundred ninetyseven, act one hundred forty of the public acts of nineteen hundred one, and all other acts or parts of acts inconsistent with the provisions of this act.

The People of the State of Michigan enact:

SECTION 1. Sections four, five, six and seven of act number eighty-one of the public acts of eighteen hundred seventy

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