inspectors of SEC. 3. The inspectors of election in the several townships Duty of and wards within the territory comprising the thirty-ninth election. judicial circuit are hereby required to prepare for and receive all ballots that shall be offered at such election for circuit judge, in like manner as required by law for the preparation and reception of ballots for elective county officers. SEC. 4. The Secretary of State shall, immediately after Duty of Secretary of the passage of this act, transmit to the sheriff of the county State. included within the thirty-ninth judicial circuit of this State, a notice in writing, containing a brief statement of the contents of this act, and he shall cause a copy of this act to be published in such newspapers within the thirty-ninth judicial circuit as he may deem proper, at least once prior to the election aforesaid. SEC. 5. The sheriffs of the several counties, on receiving Duty of sheriff the notice hereby provided for, shall forthwith, in writing, clerks. and township notify the township clerk of each township, and one of the inspectors of election of each ward in any city, of such election; and it shall be the duty of the township clerks and inspectors of election receiving said notice, to give five days notice in writing, under their hands respectively, to the electors of the township or ward, of the time and place of holding such election, by posting the same up in at least three public places in the township or ward. conducted. SEC. 6. The election provided for by this act shall be con- Election, how ducted in the same manner as by existing laws is provided for the holding of a general election; and the inspectors of elections shall make the same canvass, statement and returns, and they are hereby invested with the same powers and authority as are provided by the election laws of this State for a general election. returns SEC. 7. The canvass of the returns of the election for cir- Canvass of cuit judge as hereinbefore provided, shall be conducted by the same officials at like time and in like manner as provided for canvass of the returns at the regular election of circuit judges under the laws of this State. The circuit judge When judge elected under the provisions of this act shall enter upon the to enter upon discharge of his duties on the first day of May immediately duties. succeeding his election. discharge of circuit. SEC. 8. The circuit judge of the first judicial circuit shall Power of have power to settle bills of exception, sign and grant de- judge of first crees, decide and determine cases now submitted to him and to do all judicial acts in any case now submitted to him, the same as if the act creating the thirty-ninth judicial circuit had not been passed. Approved May 2, 1907. What deemed unlawful fishing. [No. 76.] AN ACT for the protection of fish in Saginaw river, Saginaw bay, within certain territory at the mouth of Saginaw river, the Tittabawassee, Shiawassee, Cass, Flint and Bad rivers, and all rivers, streams, creeks and bayous tributary to said rivers, and to repeal act number one hundred seventy-eight of the public acts of nineteen hundred five, and all acts and parts of acts contravening the provisions of this act. The People of the State of Michigan enact: SECTION 1. It shall be unlawful for any person or persons to intentionally take, catch or kill, or attempt to take, catch or kill any fish at any time with Indian cockle, dynamite, giant powder or any explosive substance, or with any kind of net, except minnow net, not to exceed nine square feet in size, or by any other means or device whatever, except with spear or hook and line, in Saginaw river, Saginaw bay, within a radius of one-half mile from the outer range light at the mouth of Saginaw river, extending northerly about two and one-half miles to gas buoy, thereby maintaining an open channel one mile wide by about two and one-half miles long, the Tittabawassee river, Shiawassee river, Cass river, Flint river and Bad river, or in any of the rivers, streams, creeks Proviso as to and bayous tributary to said rivers: Provided, That all nets shall be set at an angle of not less than forty degrees easterly on the east side of said channel, and at an angle of not less than forty degrees in a westerly direction from the west side of the said channel above described. nets. Amount of SEC. 2. It shall not be lawful for any person in any one catch, limited. day to take or catch with spear or hook and line any fish from any of the rivers, streams, creeks and bayous, or part of Saginaw bay specified in section one of this act, in excess of twenty-five pounds, except carp, or one fish exceeding that weight. Sale limited. Unlawful possession of fish, nets, ex SEC. 3. It shall be unlawful for any person or persons to take, catch or capture, by any means whatever, for the purpose of sale or to ship for the purpose of sale, any fish from the rivers, streams, creeks, bayous or part of Saginaw bay specified in section one of this act, in excess of twenty-five pounds, except carp or one fish exceeding that weight. SEC. 4. It shall not be lawful for any person or persons to have in his or their possession on the water of any of said plosives, etc. rivers, streams, creeks and bayous or part of Saginaw bay specified in section one of this act, or within one-half mile inland from the shores thereof, any net, except minnow net, not to exceed nine square feet in size, Indian cockle, dynamite, giant powder or any explosive substance, or more than twenty-five pounds of fish for each person, except carp or one fish exceeding that weight: Provided, It shall be lawful for Proviso, any person or persons to have in his or their possession fish exceptions. in excess of said weight caught from other waters than mentioned in section one of this act or to use said waters as a highway for transporting dynamite, giant powder, or other explosive substances, nets, Indian cockle, or fish caught in other waters as aforesaid, or to have in his or their possession said explosives, nets or Indian cockle for the purpose of sale in the usual line of trade, or for any other lawful use or purpose. first offense. SEC. 5. Any person or persons violating any of the provi- Penalties, sions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof for the first offense shall be punished by a fine of not less than twenty-five dollars and not exceeding one hundred dollars, together with the costs of prosecution, or by imprisonment in the county jail not exceeding ninety days, or by.both such fine and imprisonment in the discretion of the court; and for the second or any subse- Second quent offense shall, upon conviction, be punished by a fine offense. not less than fifty dollars and not exceeding two hundred dollars, together with the costs of prosecution, or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment in the discretion of the court, and in all cases where a fine and costs are imposed the court shall sentence the offender to be confined in the county jail until such fine and costs are paid, for a period not exceeding the maximum jail penalty provided for such offense. evidence of SEC. 6. In all prosecutions under this act it shall be prima Prima facie facie evidence on the part of the people of its violation to violation. show that the defendant or defendants were found upon any of the waters of said rivers, streams, creeks, bayous or part of Saginaw bay or within one-half mile inland from the shores thereof, with a net, except minnow net not exceeding nine square feet in size, Indian cockle, dynamite, giant powder, or any explosive substance, or with more than twenty-five pounds of fish, except carp or one fish exceeding that weight. SEC. 7. For the purpose of this act, the term "hook and "Hook and line" shall mean any kind of a hook or device upon which line," defined. hooks are attached, that is fastened to a single line. SEC. 8. This act shall take effect April one, nineteen hun- Date of effect, dred eight, and all acts and parts of acts contravening the provisions of this act shall be repealed April one, nineteen hundred eight. Approved May 6, 1907. etc. Additional apbuilding. [No. 77.] AN ACT to make an additional appropriation for procuring plans, material and for building and furnishing a State administration building, and for maintaining the same, on 'the grounds of the Jamestown Ter-Centennial Exposition, and to provide a tax to meet the same. The People of the State of Michigan enact: SECTION 1. There is hereby appropriated the sum of five propriation for thousand dollars for the fiscal year ending June thirty, nineteen hundred eight, as a supplemental appropriation to the amount appropriated by section seven of "An act to create a commission and define its powers and duties, and to make an appropriation for the purpose of making an historical and industrial exhibit upon the part of the State of Michigan at the Jamestown Ter-Centennial Exposition, to be held on the borders of Hampton Roads, Virginia, in the year nineteen hundred seven, and to provide a tax to meet the same," approved March sixth, nineteen hundred seven, for the purpose of procuring plans, material, building and furnishing a State administration building, and for maintaining the same on the grounds of the Jamestown Ter-Centennial Exposition. How drawn. Tax clause. SEC. 2. The money hereby appropriated shall be drawn from the State treasury and disbursed by the Board of Jamestown Ter-Centennial Exposition managers in the same manner as the moneys appropriated by the act approved March sixth, nineteen hundred seven, are to be drawn and disbursed. SEC. 3. The Auditor General shall add to and incorporate in the State tax for the year nineteen hundred seven, the sum of five thousand dollars which, when collected, shall be credited to the general fund to reimburse the same for moneys hereby appropriated. This act is ordered to take immediate effect. Section amended. [No. 78.] AN ACT to amend section three of act one hundred fortyone of the public acts of nineteen hundred five, entitled "An act to provide for the exercise by religious societies of corporate powers for certain purposes." The People of the State of Michigan enact: SECTION 1. Section three of act one hundred forty-one of the public acts of nineteen hundred five, entitled "An act to provide for the exercise by religious societies of corporate powers for certain purposes," is hereby amended so that Isaid section shall read as follows: convey prop of resolution to SEC. 3. Such trustees may have a common seal, and may May hold and alter the same at pleasure, and by their corporate name may erty, etc. take into their possession, hold and enjoy all the property, real and personal, purchased for, devised, granted or conveyed to them for the use and benefit of such religious organization; they may also, in such corporate name, sue and be sued in all courts, recover and hold all debts, demands, rights and privileges, and they may sell and convey, mortgage or lease any real estate belonging to such organization or held by them as such trustees. And in every case of the convey. Certified copy ance or incumbrance of real estate, said trustees shall be annexed to annex to their deed or mortgage a certified copy of the cor- deed, etc. porate resolution authorizing such conveyance or incumbrance, and such certified resolution may be recorded with such deed or mortgage in the office of the register of deeds of the county where said real estate is situated, and when so recorded such record, or a certified copy thereof made. by the register of deeds, shall be received as prima facie evidence of the authority conferred by such resolution in all courts in this State. Such trustees may also, upon Vacancy in the death or resignation of any of their number, fill the trustees, how vacancy so caused, and the person elected to fill such vacancy shall hold office for the remainder of the unexpired term, or until the organization or association electing the said trustees shall make a new election. This act is ordered to take immediate effect. filled. [No. 79.] AN ACT to amend an act, entitled "An act amendatory to the several acts in relation to the Wesleyan Seminary at Albion and the Albion Female Collegiate Institute," approved February nine, eighteen hundred fifty-seven. The People of the State of Michigan enact: SECTION 1. An act, entitled "An act amendatory to the Act amended. several acts in relation to the Wesleyan Seminary at Albion and the Albion Female Collegiate Institute," approved February nine, eighteen hundred fifty-seven, is hereby amended to read as follows: sification, SEC. 1. Charles M. Ranger, Eugene Allen, John G. Trustees, clasBrown, William Dawe, James H. Simpson, John E. J. Phelps, Albert Beebe, Edward N. Parsons, Graham, body corpo- |