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 ac- form of. quainted 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. to make SEC. 7. The commissioner shall annex together all the Commissioner papers and proofs produced before him, and shall make re- return. 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 whitefish or lake trout. By immature fish is meant those so Immature small that the taking thereof is prohibited by the general fish. laws of this State. SEC. 3. This act shall apply to and be operative in the Application of waters of Keweenaw bay in Baraga county, and the waters act. of Lake Superior adjacent to Marquette county, State of Michigan, and all acts or parts of acts contrary to or inconsistent with the provisions of this act shall be inoperative in said waters. SEC. 4. Act number two hundred seventy-five of the pub- Act repealed. lic acts of nineteen hundred five is hereby repealed. This act is ordered to take immediate effect. Approved February 7, 1907. [No. 6.] AN ACT to amend section fourteen of act number twenty-one of the public acts of nineteen hundred five, approved March sixteen, nineteen hundred five, entitled "An act to amend section fourteen of act number two hundred thirty-seven of the public acts of nineteen hundred three, approved June eighteen, nineteen hundred three, entitled 'An act to amend section fourteen of chapter nine of act number two hundred fifty-four of the public acts of eighteen hundred ninety-seven,' approved June two, eighteen hundred ninety-seven, entitled 'An act to provide for the construction and maintenance of drains and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto.'" The People of the State of Michigan enact: SECTION 1. Section fourteen of chapter nine of act num- Section ber two hundred fifty-four of the public acts of eighteen amended. hundred ninety-seven, approved June two, eighteen hundred ninety-seven, entitled "An act to provide for the construction and maintenance of drains and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto," said section fourteen having been added to said chapter nine by act number ninety-one of the public acts of nineteen hundred one, and amended by act number two hundred thirty-seven of the public acts of nineteen hundred three, approved June eighteen, nineteen hundred three, and further amended by act number twenty-one of the public acts of nineteen hundred five, approved March sixteen, nineteen hundred five, is hereby amended to read as follows: certain determine conditions for construction of. Supervisors of SEC. 14. The boards of supervisors of Hillsdale, Clare, Counties may Saginaw, St. Joseph, Cass, Isabella, Gratiot, Shiawassee Ottawa, Barry, Montcalm, Van Buren, Alpena, Berrien and Cheboygan counties, at any session thereof, may from time to time, by resolution, fix and determine such further conditions than those herein set forth, to be complied with before all or any contract shall be made or entered into for the construction, improvement or clearing out of any drain as herein before provided, as to such boards shall seem necessary and proper to protect all persons and townships that Commissioner Inay be affected by the proceedings; and no contract or exmust comply with con ditions. May fix number etc., of employes. May require annual detailed report of penditure shall be made or entered into by the drain commissioner or his deputy without first complying with such conditions. Such boards may, in like manner, fix and determine the number and kind of employes the drain commissioner may employ and fix their compensation; and they may require that said commissioner, in each year, shall commissioner. report to the boards at their October session, a full and detailed statement and account, under oath, of the time actually spent by him during the year in the discharge of his duty, and for what purpose; the names of all employes and the time actually spent by each, and for what purpose their labor was performed, and the amount paid or agreed to be paid each; and also all other expenditures and the names of all persons to whom moneys have been paid, and the amount paid each, and the purpose for which said expenditure was made. The boards may allow or disallow, in whole or in part, any item charged in such report and account, and only so much thereof shall be paid as shall be thus When account allowed; and no more than one-half of the several items in such report and account shall be paid, or orders drawn therefor, under the provision of section six, chapter nine of this act, until such account has been thus allowed by the When may re- boards of supervisors, as in this section provided. Such mone and ap- boards of. supervisors of Hillsdale, Clare, Saginaw, St. commissioner. Joseph, Cass, Isabella, Gratiot, Shiawassee, Ottawa, Barry, Allowance of items. may be paid in full. point new Proviso, proceedings now pending. Montcalm, Van Buren, Alpena, Berrien and Cheboygan counties may, by a two-thirds vote of all the members elect, remove any such drain commissioner or his deputy, or both, of Hillsdale, Clare, Saginaw, St. Joseph, Cass, Isabella, Gratiot, Shiawassee, Ottawa, Barry, Montcalm, Van Buren, Alpena, Berrien and Cheboygan counties, and appoint another in his or their place and stead, except in such counties where the drain commissioner is elected by the vote of the people: Provided, That drain proceedings now pending in Hillsdale county in which contracts for construction of drains have not already been let, shall stand suspended and nothing further shall be done regarding the same until the board of supervisors of Hillsdale county shall have taken action under the provisions of this section in This act is ordered to take immediate effect. [No. 7.] AN ACT to prohibit the spearing of fish in any of the lakes in the township of Broomfield, in the county of Isabella, State of Michigan. The People of the State of Michigan enact: spear. SECTION 1. It shall be unlawful to spear fish in any of Unlawful to the lakes in Broomfield township, Isabella county, State of Michigan. violation. SEC. 2. Any person found guilty, before any court of Penalty for competent jurisdiction, of violating the provisions of this act shall be punished by a fine of not less than ten dollars nor more than fifty dollars, or by imprisonment in the county jail not less than fifteen days nor more than ninety days or by both such fine and imprisonment in the discretion of the court. This act is ordered to take immediate effect. [No. 8.] AN ACT to provide for the furnishing to the county clerk for the county of Calhoun an additional full set of the reports of the Supreme Court of the State of Michigan, to be kept in the city of Battle Creek, at the place of holding sessions of the circuit court of the county of Calhoun. The People of the State of Michigan enact: SECTION 1. The State Librarian is hereby authorized and Additional set directed to furnish, within ninety days after the passage of Court reports. this act, to the clerk of the county of Calhoun, an additional complete set of reports of the Supreme Court of the State of Michigan, including all annotated reports of the present edition, the same to be placed and kept in the city of Battle Creek, at the place provided for holding sessions |