PUBLIC ACTS. [No. 1.] AN ACT to prohibit the catching, killing or destroying of fish with any form of spear, or trap, or with lines attached to bobs or tippets, in any of the waters in the county of Newaygo, Michigan; to provide a penalty for a violation of any 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. That hereafter it shall be unlawful for any Unlawful person or persons to catch, kill or destroy any fish with fishing. any form or kind of spear, or trap, or with lines attached to bobs or tippets, in any of the lakes, rivers or springs in the county of Newaygo, Michigan. SEC. 2. Any person or persons violating the provisions Penalty. 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 not exceeding one hundred dollars, or imprisonment in the county jail for a period not exceeding ninety days, or both such fine and imprisonment in the discretion of the court. SEC. 3. All acts or parts of acts in anywise inconsistent Repealing with or contravening the provisions of this act are hereby clause. repealed. This act is ordered to take immediate effect. [No. 2.] AN ACT to amend sections three, four and seven of act number forty of the public acts of eighteen hundred eighty-nine, being an act entitled "An act to authorize certain proceedings to quiet titles to real estate in the county of Charlevoix, and to provide for the punishment of persons who may testify falsely, or who may corruptly attempt to acquire title in such real estate, or who shall wilfully use or procure false testimony to establish his claim or title." Sections amended. Filing of affidavit and notice. The People of the State of Michigan enact: SECTION 1. Sections three, four and seven of act number forty of the public acts of eighteen hundred eighty-nine, entitled "An act to authorize certain proceedings to quiet titles to real estate in the county of Charlevoix and to provide for the punishment of persons who may testify falsely, or who may corruptly attempt to acquire title in such real estate, or who shall wilfully use or procure false testimony to establish his claim or title," are hereby amended to read as follows: SEC. 3. The person filing such affidavit with the register publication of and clerk shall, within one month from the date of filing the same, cause to be published once in each week for six successive weeks, in a newspaper printed in the English language, published in the county of Charlevoix, and by posting the same in three of the most public places in the township where such land may be situated three weeks before a hearing, a notice in substance as follows: Land claimTake Notice! The undersigned claims to have an interest in and to the following described lands, namely (describing the interest claimed): Any person or persons claiming adversely must enter his or her appearance in the county clerk's office of the county of Charlevoix within four months after the first publication of this notice. Form of notice. Adverse claims. When order entered to prove title. Proviso, when commissioners disqualified. SEC. 4. After the expiration of four months from the first publication of the notice specified in the preceding section and within one year thereafter, if no appearance has been entered by any party claiming adversely, the party giv ing such notice, his agent or attorney, may enter in a book to be kept by the county clerk, an order referring his claim. to any circuit court commissioner of Charlevoix county, to take proof of the title and possession of the claimant and report the same to the circuit court of the county of Charlevoix: Provided, If the circuit court commissioner or commissioners of Charlevoix county shall be interested in such land, or be of kin to any party to such suit or proceeding, or be otherwise disqualified from acting in such matter; then in case of such interest, kinship or other disqualification, a like order may be made referring such claim to some disinterested circuit court commissioner of any adjoining county to take such proofs and make such report to said court. The order of reference so entered shall state the time when, and the place where the proofs will be taken, at which time or place, unless the same is continued for cause shown, the claimant shall appear, produce and file with the commissioner a certified copy of the affidavit filed with the register and clerk, together with the proof of filing the same, also an affidavit of the publication of the notice Certified copy required by this act, and a certified copy of the order of reference, upon the production and filing of which the commissioner shall proceed to hear the proofs of the claimant; Order, what to state. of affidavit. title, how proof and title of such interest as described in the first sec- Proof and tion of this act, shall be made by producing and filing the made. deed or instrument under which the applicant claims title or interest, which if it appears to be duly executed and acknowledged so as to entitle it to record, and to have been duly recorded, may be taken as evidence of the title and interest claimed. The applicant, except in the case of mortgagee not in possession, shall also produce before the commissioner a person who shall make an affidavit substantially as follows: Being duly sworn says that on the eighth day Affidavit of October, eighteen hundred eighty-seven, was well acquainted with the land following, to-wit: (setting forth the plans) that (stating who) was then in possession thereof and had been (stating the time previous thereto) in which affidavit the deponent shall fully state his means of knowledge of the facts therein stated as to the possession of the premises, and further that he has no direct or indirect interest in said claim and that he expects no advantage to himself thereby. form of. return. SEC. 7. The commissioner shall annex together all the Commissioner papers and proofs produced before him, and shall make re- to mak turn thereof to the then next or pending term of the circuit court for the county of Charlevoix, together with his written opinion as to the validity of the claim as made before him. This act is ordered to take immediate effect. [No. 3.] AN ACT to provide a probate register for Shiawassee county, and to fix his compensation. The People of the State of Michigan enact: appoint. SECTION 1. The judge of probate of Shiawassee county Judge of proshall have power to appoint a probate register for said bate to county, who shall receive an annual salary of seven hundred dollars, to be paid monthly out of any money in the county treasury of said county not otherwise appropriated. Said Power of register shall have power to receive all petitions and fix the register. time for all hearings and do all other acts required of the judge of probate, except judicial acts. The said register Term of office. shall hold office during the term for which the judge of probate appointing him shall have been elected, unless sooner removed by said judge of probate. This act is ordered to take immediate effect. Extra per diem for [No. 4.] AN ACT to fix the per diem compensation of members of the State Legislature from the Upper Peninsula for and during the session of nineteen hundred seven. The People of the State of Michigan enact: SECTION 1. In addition to the compensation, mileage and Upper Penin- allowance for all stationery as fixed by law for members sula members. representing the several senatorial and representative districts in the Upper Peninsula, there shall be allowed and paid two dollars per diem extra compensation during the legislative session of the year nineteen hundred seven. This act is ordered to take immediate effect. Approved February 6, 1907. Pound nets, used. [No. 5.] AN ACT to permit the taking of herring and other rough fish in Keweenaw bay, in Baraga county, and the waters of Lake Superior adjacent to Marquette county, State of Michigan, at certain seasons of the year, and to prescribe the kind of nets and the size of meshes to be used, and to repeal act number two hundred seventy-five of the public acts of nineteen hundred five. The People of the State of Michigan enact: SECTION 1. It shall be lawful to use pound nets, the when may be meshes of the pot, crib or pocket of which shall not be less than two inches, extension measure, as used, for taking or catching perch, herring and other rough fish in the waters of Keweenaw bay, in Baraga county, and the waters of Lake Superior adjacent to Marquette county, State of Michigan, from the first day of September in each year until the first day of July in the year following. Gill nets. Proviso. SEC. 2. It shall be lawful to use gill nets with meshes not less than two and three-eighths inches, extension measure, as used, in the waters and during the time specified in section one of this act, for taking or catching herring and other rough fish: Provided, That nothing in this act contained shall permit the use of nets with meshes smaller than specified in act number eighty-eight of the public acts of eighteen hundred ninety-nine, whenever and wherever it shall be known that they interfere with or catch immature |