green or white bass or any other kind of bass, except strawberry bass, in any one day, or take with him therefrom, or have in his possession at any point away therefrom, more than ten fish of said kinds at any one time.

violation.

SEC. 3. Any person violating any of the provisions of Penalty for this act shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed fifty dollars and costs of prosecution for each offense, or be committed to the county jail of the county where such offense was committed, until such fine and costs are paid: Provided, Proviso. Such imprisonment shall not exceed thirty days.

SEC. 4. All prosecutions under the provisions of this act Prosecutions, shall be commenced within one year from the time such when to begin. offense was committed.

Act number eighty-eight of public acts of eighteen Act repealed. hundred ninety-three is hereby repealed, so far as the same applies to said Klinger lake in the county of St. Joseph. This act is ordered to take immediate effect. Approved April 13, 1905.

[No. 58.]

AN ACT to provide a board of jury commissioners for the county of Berrien and the manner of selecting jurors to serve in the circuit court for said county, prescribing their duties and fixing their compensation and punishment for violations of this act.

The People of the State of Michigan enact:

ers, Governor to

SECTION 1. The Governor of the State of Michigan shall Jury commissionappoint a board of jury commissioners for the county of appoint. Berrien, consisting of three persons, no more than two of whom shall be members of the same political party and each of whom shall be a resident elector and freeholder in said county. Said commissioners shall be appointed for a period Terms of office. of one year and the said Governor shall from time to time appoint persons of like qualifications as successors to such commissioners and shall also fill all vacancies occurring on said board from any cause. No person holding an office or Person eligible. employment of profit in or under any city government in the county of Berrien, or the county government of the county of Berrien, the State of Michigan or the United States, except as a notary public, shall be eligible to appointment as such commissioner. In case any such commissioner When office to shall accept any such office or employment, after his election or appointment, his office as such commissioner shall thereby become vacant. The official term of said commissioners shall

become vacant.

When term to

begin.

begin August one, A. D. nineteen hundred five, and all subsequent appointments, except for the filling of vacancies, shall be for the term of one year. Said commissioners shall respectively serve until their successors are appointed and qualified. Said commissioners shall, before entering upon their duties, take the constitutional oath of office and file Compensation of the same with the county clerk. Said commissioners shall receive as compensation for their services the sum of three dollars for each day actually engaged in the performance of duty and for actual expense that shall be incurred in traveling to ascertain the qualifications of the jurors and in How audited and attendance upon meetings of the board, to be audited by and approved before the circuit court for said county of Berrien and paid by the county treasurer on the certificate of the county clerk, under seal of the court.

paid.

When board to meet and select

jurors.

SEC. 2. Said board shall meet on the second Monday of August in each year at the hour of ten o'clock in the forenoon or as soon thereafter as shall be found practicable, at the office of the clerk of said county and shall then and there select from the tax rolls of the several wards and townships of the said county, for the preceding year, a list of names of persons to serve as petit jurors in the circuit court of the said county for the succeeding year. The county clerk shall be the clerk of said board, and shall keep a record of their doings in a book to be provided for that purpose, which record shall, at the close of each meeting of the board, be How signed and signed by the members thereof and attested by the said clerk, and shall then be an evidence in all courts and places of the doings of the said board.

County clerk to keep record.

attested.

How list made up.

How used.

Clerk may adjourn meeting.

List of grand jurors.

Qualification of jurors.

SEC. 3. Such list shall consist of four names from each township and ward containing four hundred inhabitants or less, according to the last preceding census, and six names from each township and ward containing more than four hundred inhabitants, according to said census. Said list when so prepared shall be used in selecting petit jurors of the said circuit court for the succeeding year, ending on the second Monday of August and until a new list shall be chosen in accordance with this act.

SEC. 4. In case a majority of the said board shall, for any cause, fail to be present at the time fixed for the annual meeting, the clerk shall make a record of the fact and adjourn the said meeting from day to day until the said board, or a majority of them, shall be present.

SEC. 5. Said commissioners shall also make a list of names to serve as grand jurors of the said county, consisting of two names from each township and ward in the county, which list shall not contain any name already on the list of petit jurors.

SEC. 6. The persons so chosen to act as jurors shall be electors of the township or ward from which they are chosen, citizens of the United States and shall be persons of good character, or approved integrity, of sound judgment and

well informed, conversant with the English language and in full possession of their natural faculties, not infirm or decrepit, and otherwise free from legal exception. No person who not eligible. shall be selected by the said board or shall be qualified to sit or act as a juror in the said circuit court who shall have served upon a panel of jurors in the said court within a year next preceding the time of selection or the term of court at which the question shall arise.

ing name on list

SEC. 7. Any commissioner who shall cause any person Penalty for placto be selected or who shall propose the name of any person by request. for selection, who shall have made any request to be selected as a juror, or in whose behalf any such request shall have been made, shall be deemed guilty of a misdemeanor and on conviction thereof, shall be punished by imprisonment in the county jail not more than one year or by fine not exceeding one thousand dollars or by both such fine and imprisonment and in case the guilty person is a commissioner, the conviction shall operate to remove him from office and the vacancy shall be filled by the Governor.

record.

SEC. 8. On the completion of the record of the said annual Duty of clerk, meeting of the said commissioners, the county clerk shall after completing write the names chosen for petit jurors on separate pieces of paper of the same size and appearance, as near as may be, and he shall place the slips of paper containing the names selected from each ward and township of the county, in a separate package, endorse the name of the township or ward thereon and retain the same therein securely sealed until the same are drawn in the manner hereinafter provided.

SEC. 9. At least six days before the first day of any term How clerk to of the circuit court for the said county, at which a jury is to select jury. be in attendance, the said county clerk shall, in the presence of the circuit judge and the sheriff of the said county, to whom he shall give notice of the time and place, at least two days in advance, proceed to select a jury for the next term of the said court in the manner following: The packages containing the names of the jurors shall be arranged in alphabetical order and shall in such order beginning at "A," be separately opened and the slips therein placed in a box to be known as the jury box; the box shall then be well shaken and in such manner as to thoroughly commingle the slips and one of the persons in attendance shall draw therefrom one of the slips of paper, and the name appearing thereon shall be a juror for the said term of court; the remainder of the packages shall then be successively treated in the same manner in alphabetical order until such number of persons shall have been chosen as the circuit judge shall have directed to be drawn for the said term; and such persons so chosen shall be jurors for the said term and each drawing after the first shall begin at the package next succeeding in alphabetical order the one last used in the preceding drawing. It shall be the duty of the said circuit judge Circuit judge and and sheriff to attend at the time and place fixed by the county

sheriff to attend.

in absence of.

Clerk to keep

Who may attend clerk on receiving the notice herein provided. In case the said judge or sheriff shall not be present at the time and place fixed for the said drawing, the clerk shall make a minute of the fact in the record book and at once secure the attendance of the judge of probate or one of the circuit court commissioners of the county who, being in attendance, shall have the same powers as the circuit judge or sheriff would have if present, and in case the attendance of neither of said officers can be secured, the clerk shall adjourn the drawing until some other time and from time to time until two of said officers are present. A record of the said drawing record of drawing. shall be kept by the clerk and in case of his absence by some member of the board selected therefor in the same book in which the record of the doings of the jury commissioners is Slips destroyed as kept. When a name is drawn from the said box and duly recorded, the slip containing it shall be destroyed and the remaining slips containing the names from the said township or ward shall again be returned to a package and sealed and endorsed as before to await the next drawing. If the name of any person be drawn who, to the knowledge of ceased or insane either of the persons, shall have deceased or become insane, or have removed beyond the jurisdiction, a record of the fact shall be made, the slip containing the name destroyed, and another name be at once drawn from the same town or ward to supply the place.

drawn.

In case of de

persons.

Venire facias.

Service.

When judge may order additional jurors drawn.

Proviso.

Venire facias to issue.

SEC. 10. At the conclusion of such drawing, the officers acting shall respectively sign the record thereof, and the clerk shall thereupon issue a venire facias to the sheriff of said county commanding him or any of his deputies to summon the said persons so selected to be and appear in said court at the time and place therein named to serve as petit jurors for the said term of the said court.

SEC. 11. Said venire facias shall be served at least three days before the first day of the said term of court by delivery of a written notice to the several persons or by leaving it at the place of residence of the juror, with some person of suitable age and discretion to whom its contents shall be made known and return thereof shall be made to said court at its opening, showing the manner of service upon each juror.

SEC. 12. Whenever for any reason petit jurors shall not have been drawn to attend any term of said court, or in the opinion of the judge a sufficient number of jurors are not in attendance upon the court to do the business thereof, the court may order such number of jurors to be forthwith drawn as in his judgment will be sufficient and in such case the drawing shall be conducted in the same manner as though done before the opening of the term: Provided, That for the purpose of expediting business the court may in his discretion direct the township and wards from which such jurors shall be drawn.

SEC. 13. When jurors are drawn in accordance with the preceding section, a venire facias shall issue requiring the

attendance of the persons chosen at such time as the court shall order, and be served forthwith.

talesmen drawn.

SEC. 14. Whenever there shall not be a sufficient number Court may order of jurors present to form a panel for any cause to be tried, the court may direct talesmen to be drawn and summoned from the jury lists provided by the board of jury commissioners and in the manner above herein provided for regular jurors, or be orally summoned by the sheriff or other officer in attendance upon the court, as the circuit judge shall direct. The slips containing the names of all talesmen who slips to be appear and serve as jurors shall be at once destroyed and destroyed. the names of those who do not appear and serve shall be returned to their respective packages.

SEC. 15. In case the said board of jury commissioners Court may order shall for any reason fail to meet or select names to act as meeting of board. jurors or in case any list of jurors shall become exhausted, or be declared illegal before the expiration of the year for which it was selected, the court shall have power to order an immediate convening of the said board and selection of a list in accordance with the terms of this act.

jurors.

SEC. 16. Jurors drawn under the provisions of this act Compensation of shall receive payment at the same rate as is now provided by general law for the payment of jurors in courts of record; they shall also be subject to like exemptions and challenges as jurors in courts of record under general law.

This act is ordered to take immediate effect.
Approved April 13, 1905.

[No. 59.]

AN ACT to amend section one of chapter one of act number two hundred forty-three of the public acts of eighteen hundred eighty-one, entitled "An act to revise and consolidate the laws relating to the establishment, opening, improvement, and maintenance of highways and private roads, and the building, repairing and preservation of bridges within this State," being section four thousand thirty-six of the Compiled Laws of eighteen hundred ninety-seven.

Section

The People of the State of Michigan enact: SECTION 1. Section one of chapter one of act number two hundred forty-three of the public acts of eighteen hundred amended. eighty-one, entitled "An act to revise and consolidate the laws relating to the establishment, opening, improvement and maintenance of highways and private roads, and the building, repairing and preservation of bridges within this State," being