Proviso. Provisions relative to firms now in business. County clerks fees, etc. person or persons owning, conducting or transacting the same, with the home and postoffice address or addresses of said person or persons. Said certificate shall be executed and duly acknowledged by the person or persons so owning, conducting, or intending to conduct said business: Provided, That the selling of goods by sample or through traveling agents or traveling salesmen or by means of orders forwarded by the purchaser through the mails, shall not be construed for the purpose of this act as conducting or transacting business so as to require the filing of said certificates. SEC. 2. Persons now owning or conducting such business under an assumed name, or under any such designation referred to in section one, shall file such certificate as hereinbefore prescribed, within thirty days after this act shall take effect, and persons hereafter owning, conducting or transacting business as aforesaid shall, before commencing said business, file such certificate in the manner herein before prescribed. SEC. 3. The several county clerks of this State shall keep to keep index, an alphabetical index of all persons filing certificates, provided for herein, and for the indexing and filing of such certificates, they shall receive a fee of twenty-five cents. A copy of such certificate duly certified to by the county clerk in whose office the same shall be filed, shall be presumptive evidence in all courts of law in this State of the facts therein contained. Not to apply to certain SEC. 4. This act shall in no way affect or apply to any corporation, partnership association, limited or special partcorporations, nership duly organized under the laws of this State, or to any corporation organized under the laws of any other state and lawfully doing business in this State. etc. Penalty for violation. SEC. 5. Any person or persons owning, carrying on or conducting or transacting business as aforesaid, who shall fail to comply with the provisions of this act, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars or by imprisonment in the county jail for a term not exceeding thirty days or by both such fine and imprisonment in the discretion of the court; and each day any person or persons shall violate any provision of this act shall be deemed a separate offense. Approved May 22, 1907. [No. 102.] AN ACT to prohibit fishing with, using or setting seines, gill nets, or any form of pound, trap, sweep or set nets, or like device, or any spear, night lines or set lines, in any of the waters of Little Bay de Noquette and the tributaries thereof. The People of the State of Michigan enact: etc., pro SECTION 1. No person or persons shall fish with, use or Nets, spears, set any seines, gill nets, or any form of pound, trap, sweep hibited. or set nets, or any like device, or use any spear, night line, or set line, for taking fish in any of the waters of this State known as Little Bay de Noquette, which within the meaning of this act, shall be defined as those waters of Little Bay de Noquette, and tributaries north from a line drawn. from the extreme end of Saunder's Point on the west shore to the extreme end of Squaw Point on the east shore. violation. SEC. 2. Any person or persons violating any of the pro- Penalty for visions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof before any justice having jurisdiction, shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, and cost of prosecution, or imprisonment in the county jail not to exceed sixty days, or both such fine and imprisonment in the discretion of the court. certain SEC. 3. It shall be the duty of the State Game Warden, Duty of the commissioners of State fisheries and the sheriffs, within officers. their respective jurisdictions, to enforce the provisions of this act, and when, upon complaint or information otherwise obtained, they shall discover any violations thereof, to institute. the necessary proceedings to punish the offenders, and it shall be their duty to seize and destroy any nets found, used or set in violation of this act. nuisance. SEC. 4. Any and all such nets set in said prohibited waters Nets declared in violation of the provisions of this act are hereby declared public to be a public nuisance, and may be taken up and destroyed by any person finding the same, without criminal or civil liability. SEC. 5. All acts and parts of acts contravening the pro- Repealing visions of this act are hereby repealed. This act is ordered to take effect October thirty, nineteen hundred seven. Approved. May 22, 1907. 16 clause. Act repealed. [No. 103.] AN ACT to repeal act number one hundred twenty-six of the public acts of eighteen hundred ninety-seven, entitled "An act to preclude the appointment as administrator of the estate of a deceased incompetent person of any person who, within one year prior to the death of such deceased incompetent person, was the guardian of such deceased incompetent person, except heirs," being compiler's section number nine thousand three hundred forty-three of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Act number one hundred twenty-six of the public acts of eighteen hundred ninety-seven, entitled "An act to preclude the appointment as administrator of the estate of a deceased incompetent person of any person who, within one year prior to the death of such deceased incompetent person, was the guardian of such deceased incompetent person, except heirs," being compiler's section number nine. thousand three hundred forty-three of the Compiled Laws of eighteen hundred ninety-seven, is hereby repealed. Approved May 22, 1907. Section amended. Who may become members. [No. 104.] AN ACT to amend section five of act number forty of the public acts of eighteen hundred fifty-five, approved February nine, eighteen hundred fifty-five, entitled "An act to provide for the formation of companies for running, driving, booming and rafting logs, timber and lumber, and for regulating the floatage thereof," the same being section six thousand five hundred nineteen of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section five of act number forty of the public acts of eighteen hundred fifty-five, approved February nine, eighteen hundred fifty-five, entitled "An act to provide for the formation of companies for running, driving, booming and rafting logs, timber and lumber, and for regulating the floatage thereof," is hereby amended to read as follows: SEC. 5. Any person owning logs, timber or lumber, intended to be run or driven upon said stream or waters, or interested in running, driving, booming or rafting the same, may become a member of this corporation, upon application, by signing the articles of said company and paying his just obstruction proportion of the expense of managing and conducting its affairs: Provided, Nothing in this act contained shall be so Proviso, as to private construed as in any manner to prevent or hinder any person interests. or persons from running, driving, booming, or rafting their own logs, timber or lumber, at such time and in such manner as their interests may require: Provided, also, That all Proviso, as to persons owning, running, driving, rafting or booming any of streams. logs, timber or lumber, in or upon such streams or waters, shall not leave them in such a situation as to obstruct the floatage or navigation, or clearing the banks of such stream or waters, or in any manner thereby deprive individuals or the public of their natural privileges. Any person found Penalty for guilty of violation of the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than twenty-five dollars, and not more than one hundred dollars, or by imprisonment in the county jail not exceeding three months or by both such fine and imprisonment in the discretion of the court. Approved May 22, 1907. violation. [No. 105.] AN ACT to amend section one of act number two hundred seventy-three of the public acts of eighteen hundred eightynine, entitled "An act to provide for selecting and drawing jurors for the circuit court of the county of Saginaw." The People of the State of Michigan enact: amended. SECTION 1. Section one of act two hundred seventy-three Section of the public acts of eighteen hundred eighty-nine, entitled "An act to provide for selecting and drawing jurors for the circuit court of the county of Saginaw," is hereby amended so as to read as follows: commissioners, SEC. 1. That the Governor of this State shall appoint a Board of jury board of jury commissioners for Saginaw county, to consist appointment of three qualified electors of said county; said commission- of. ers shall receive as compensation for their services the sum Compensation. of five dollars per day for each day necessarily employed in the discharge of their duties herein provided for; also mileage at the rate of ten cents per mile for every mile actually traveled in going to and returning from the place of meeting by the usually traveled route: Provided, That the com- Proviso. pensation and mileage of each commissioner shall not exceed the sum of twenty dollars in any one year: Provided fur- Further ther, That all bills for compensation and mileage shall be proviso. certified to by the county clerk and audited by the board of Vacancies. Term of office. county auditors. Their official term shall begin on the first day of April after their appointment, and they shall hold their office for the term of four years. Vacancies may be filled by the Governor from time to time as they occur. Said commissioners shall, before entering upon the duties of their office, take and subscribe the oath of office, and file the same with the clerk of said county. Oath. This act is ordered to take immediate effect. Office, how designated. Additional duties of game and fish warden. Salary. [No. 106.] AN ACT to change the name of the office of the State Game and Fish Warden; to provide that the protection of the forests of the State shall be under the supervision of such warden, to fix his salary, and to abolish the office of Chief Fire Warden. The People of the State of Michigan enact: SECTION 1. The office now known and designated as State Game and Fish Warden shall hereafter be known and designated as State Game, Fish and Forestry Warden. SEC. 2. In addition to the powers now conferred and the duties imposed on the State Game and Fish Warden, the powers of the Commissioner of the State Land Office as Forest Commissioner relating to the suppression and prevention of forest fires, and the powers of Chief Fire Warden shall hereafter be exercised by, and the duties of said offices, as hereinbefore specified, shall hereafter devolve upon and be performed by the State Game, Fish and Forestry Warden. The office of Chief Fire Warden is hereby abolished. SEC. 3. The salary of the State Game, Fish and Forestry Warden shall be three thousand dollars per annum, and said warden shall also be paid his actual and necessary expenses. Such salary and expenses shall be paid monthly by the State Treasurer on the warrant of the Auditor General. This act is ordered to take effect July one, nineteen hundred seven. Approved May 22, 1907. |