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turing or smelting works of the corporation are situated, within this State, or if no newspaper be published therein, then in some newspaper published in an adjoining.county, by at least four weekly insertions in such newspaper immediately preceding such sale: Provided, That if such stock is provisn, as to owned by a resident of the Upper Peninsula it must be sold stockholder of

Upper Peninsula. in the county in said Upper Peninsula where the mine or manufacturing or smelting works of the corporation are situated, or in the county in the Upper Peninsula where the business office is located: And provided further, That if Further provisn such stock is owned by a resident of the Lower Peninsula, as to stockholder it shall be sold at the office of the corporation in the Lower Peninsula. Peninsula, if any, and if none, then in the city of Detroit; and in all cases of the sale of stock of residents of this State, thirty days' notice of the time and place of such sale shall be given in some newspaper published in the county where such sale is to be made, and if no newspaper is published therein, then in some newspaper published in an adjoining county, by at least four weekly insertions immediately preceding such sale. The proceeds of any sale under this sec- Proceeds, how tion, after deducting the necessary expenses of sale, shall be used. first employed in payment of the installment called for, and the interest and expenses on the same, and the residue shall be refunded to the owner thereof; and such sale shall entitle the purchaser to all the rights of a stockholder to the extent of the shares so bought. The corporation may be a purchaser Corporation may at any such sale. No sale of any delinquent stock shall be purchase. made under this section if the delinquent stockholder shall, When sale not to before the time of such sale, pay to the corporation the be made. amount of the assessment and the interest thereon, and in addition thereto, in all cases where publication of notice of such sale is commenced, his pro rata share of the entire costs and expenses of the sale of all stock delinquent for such assessment.

Approved March 23, 1905.

[No. 29.]

AN ACT to prohibit catching or taking fish in Cass river,

Tuscola county, in any other manner than with hook and line.

The People of the State of Michigan enact:

SECTION 1. It shall not be lawful for any person or per- Unlawful to take sons to take, catch or kill any fish in Cass river, Tuscola cxcept with

hook and line. county in this State, with a spear, net, grab hook, or by the use of jacks or artificial lights, or any kind of fire arms or

Penalty for violation.

Prima facie evidence of guilt.

explosive material, set lines or other device except hook and line.

SEC. 2. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction 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.

Sec. 3. In all prosecutions under this act it shall be prima facie evidence on the part of the people of the violation of the provisions of this act, to show that the defendant was found upon the waters of said river, with spear, net, trap net, jack, set lines or artificial light of any kind, or with dynamite, giant powder or any explosive substance or with combination of substances.

This act is ordered to take immediate effect.
Approved March 23, 1905.

[No. 30.]

AN ACT to provide for the lawful taking of cisco fish in the

waters of Lake Michigamme, in Marquette county.

The People of the State of Michigan cnact:

Lawful to take SECTION 1. It shall be lawful for any person, from October by net in certain fifteen to November fifteen, both inclusive, to take cisco fish

in the waters of Lake Michigamme, in Marquette county, by Proviso. 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 and one-half inches. Unlawful to sell. SEC. 2. Any cisco fish taken lawfully in Lake Michigamme,

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 March 23, 1905.

[No. 31.]

AN ACT to authorize the State Board of Agriculture to sell

a certain tract of land belonging to the Upper Peninsula experiment station and to purchase a certain other tract of land for the use of the Upper Peninsula experiment station.

The People of the State of Michigan enact:

SECTION 1. That the State Board of Agriculture is hereby Authorized to authorized to sell a certain tract or parcel of land belonging sell certain land, to the Upper Peninsula experiment station described as fol. lows, to wit: A strip of land one hundred seventy feet wide Description. at the east end and two hundred seventy feet wide at the west end off from the south side of the southeast quarter of section twenty-eight in township forty-six north, range twenty-one west, Alger county, being all of the land south of the right of way of the Munising Railroad Company, conveyed by the Munising Company to the State Board of Agriculture of Michigan by a certain indenture bearing date the first day of November, eighteen hundred ninety-nine.

Sec. 2. The State Board of Agriculture is hereby author- To determine ized to sell said tract of land at such price as may be deter. De and execute mined by said board and to execute a deed of the same by its president and secretary; all proceeds from the sale of Proceeds, where said land, except as provided in section three of this act shall be credited to the current account of the agricultural college.

Sec. 3. The State Board of Agriculture is also authorized Authorized to to purchase in its discretion a strip of land containing an panchase certain area not in excess of that authorized to be sold under section one of this act; the said strip of land to be located on the Where located. south side of the northeast quarter of section twenty-eight, township forty-six north, range twenty-one west and being adjacent to the north boundary line of the land now belong. ing to the Upper Peninsula experiment station. But no debt How paid for. shall be incurred for such purchase and the amount paid for such land shall be paid from, and shall not be in excess of, the amount received from the sale of land described in section one of this act.

Approved March 29, 1905.

credited.

[No. 32.]

AN ACT to amend the title and section one, of act number

ninety-one of the public acts of nineteen hundred three, entitled “An act to authorize the several courts of the State having jurisdiction in criminal cases, to hold or place persons convicted of a crime or misdemeanor on probation, under the care of probation officers provided in this act."

The People of the State of Michigan enact :

Title and section

SECTION 1. The title and section one, of act number ninetyamended.

one of the public acts of nineteen hundred three, entitled “An act to authorize the several courts of the State having jurisdiction in criminal cases, to hold or place persons convicted of a crime or misdemeanor, on probation under the care of probation officers provided in this act," are hereby amended to read as follows: An act to authorize the several courts of the State having jurisdiction in criminal cases, to hold or place persons convicted of a crime or misdemeanor, on probation, under the care of probation officers provided in this act, and to revoke and terminate such probation, and pronounce judgment thereon, and to discharge such persons from custody when on probation, when satisfied of such person's

reformation. When courts may

SECTION 1. Provided the defendant has never before been place defendant convicted in this State or elsewhere of a crime or misde

meanor, after a plea or verdict of guilty in any case where the commission of a crime or misdemeanor is charged and where a discretion is conferred upon the court as to the extent of the punishment, the several circuit courts of this State and all other courts having like jurisdiction in criminal cases where it may appear to the satisfaction of the court, that the circumstances are such that the defendant is not likely to again engage in a criminal course of conduct, and that the public good will be as well subserved as to pass and enforce sentence, shall have power to place the defendant on probation under the charge and supervision of a probation

officer in the following manner: May place in care First, Before passing sentence, the court before whom he of probation stands convicted may place the defendant in the custody and officer.

under the supervision of the probation officer and under such

terms and conditions as it may determine. When court may

Second, At any time during the probationary term of a revoke probation, person convicted and released on probation as aforesaid, the

court before which the person was so convicted, when presided over by its judge at the time of the conviction, or his successor in office, may, in its discretion, revoke and terminate such probation. Upon such revocation and termination, the court may immediately pronounce judgment, imposing fine or imprisonment or both any time thereafter within the long

discharge re

est period for which the defendant might have been sentenced. The court whenever satisfied that the respondent has suffi- When court may ciently reformed that it is reasonably certain that he will not spondent thereafter pursue a life of crime, may terminate said probation and discharge the respondent from custody.

Approved March 29, 1905.

!

[No. 33.]

ÁN ACT to amend section three of act twenty-two of the

public acts of eighteen hundred ninety-one, entitled "An act to provide for the incorporation of lodges of the Benevolent and Protective Order of Elks.”

The People of the State of Michigan enact:

amended.

SECTION 1. Section three of act twenty-two of the public Section acts of eighteen hundred ninety-one, entitled “An act to provide for the incorporation of lodges of the Benevolent and Protective Order of Elks,” the same being section eight thousand eighty-one of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows:

Sec. 3. A copy of said articles of association, together Articles of with the charter and constitution of the grand lodge of the association

. Benevolent and Protective Order of Elks shall be filed with the Secretary of State; and thereupon the persons who have signed such articles of association, their associates and suc- To be body cessors, shall be a body politic and corporate, by the name corporate. expressed in such articles of association, and by that name they and their successors shall have succession, and shall be persons in the law, capable to purchase, take, receive, hold and enjoy to them and their successors estates, real and personal, of suing and being sued, and to have a common seal, which may be altered or changed at their pleasure: Provided, Proviso. That the value of such real and personal estate shall not Value of exceed the sum of one hundred fifty thousand dollars and

property. that they and their successors shall have the power to give, grant, sell, lease, mortgage, demise, and dispose of said real Sale of property, and personal estate or part thereof at their will and pleasure, preceeds

, how and the proceeds, rents and incomes shall be devoted to the protection and aid of its members and their families, and for no other purpose, Said corporation shall have full power to May make rules, make and establish rules, regulations and by-laws, for regu

by-laws, etc. lating and governing all the affairs and business of said corporation not repugnant to, or inconsistent with the constitution, rules and edicts of the grand lodge of the order, or with the constitution and laws of this State, or of the United

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