Section amended. Trout, close season. Acts repealed. [No. 93.] AN ACT to amend section one of act number one hundred eleven of the public acts of eighteen hundred eighty-nine, entitled "An act to protect fish and to regulate fishing in the waters of this State by providing close seasons for certain kinds of fish, by prohibiting the catching of fish in certain specified ways, by prohibiting the catching of fish of certain sizes and in certain waters and for certain purposes, by prohibiting the catching and killing in the lakes, rivers and streams of this State of more than a certain number of certain specified kinds of fish in any one day, by prohibiting the taking away and having possession of more than a certain number of such fish at any point away therefrom, by prohibiting the obstruction of the free passage of fish and by prohibiting the sale of certain kinds of fish, to protect persons engaged in fish culture and to repeal inconsistent acts," as amended, being section number five thousand eight hundred sixtyone of the Compiled Laws of eighteen hundred ninety seven. The People of the State of Michigan enact: SECTION 1. Section one of act number one hundred eleven of the public acts of eighteen hundred eighty-nine, entitled "An act to protect fish and to regulate fishing in the waters of this State by providing close seasons for certain kinds of fish, by prohibiting the catching of fish in certain specified ways, by prohibiting the catching of fish of certain sizes and in certain waters and for certain purposes, by prohibiting the catching and killing in the lakes, rivers and streams of this State of more than a certain number of certain specified kinds of fish in any one day, by prohibiting the taking away and having possession of more than a certain number of such fish at any point away therefrom, by prohibiting the obstruction of the free passage of fish and by prohibiting the sale of certain kinds of fish, to protect persons engaged in fish culture and to repeal inconsistent acts," being section five thousand eight hundred sixty-one of the Compiled Laws of eighteen hundred ninety-seven, as amended, is hereby amended to read as follows: SEC. 1. No person shall catch or take from any lake, river or stream of this State, by any means whatever, any speckled trout, land-locked salmon, grayling, California trout, Loch Leven trout or steel head trout, from the first day of September to the first day of May following thereafter. SEC. 2. All acts or parts of acts, either public or local, inconsistent with the provisions of this act are hereby repealed. Approved May 18, 1909. [No. 94.] AN ACT to authorize the Commissioner of the State Land Office to investigate and determine whether it will be of benefit to the State and necessary for the public health, convenience and welfare to deepen, widen, straighten, reconstruct and extend into a sewer for sewer and drainage purposes the "Toll Gate Drain," and if such is the case, to join in the application to the county drain commissioner for such improvement, to release the right of way therefor, and to authorize and direct the Board of State Auditors to audit and allow such sums as shall be assessed as benefits against the State or lands owned by the State for benefits by reason of such drain. The People of the State of Michigan enact: investigate. SECTION 1. The Commissioner of the State Land Office Land commisis hereby authorized and directed to investigate and determine sioner to whether it is necessary to deepen, widen, straighten, reconstruct and extend into a sewer for sewer and drainage purposes the "Toll Gate Drain," traversing among other lands, the following lands owned by the State of Michigan and being a portion of the industrial school property, viz: The east Description. one-half of the southeast quarter of section ten, except the west ten acres of that portion thereof north of the State road; the southeast quarter of the northeast quarter of section ten; that portion of the northeast quarter of section. fifteen lying north of the north line of Rumsey's Michigan avenue addition and the additions adjacent thereto, situated in the city of Lansing, in town four north, range two west, Ingham county, Michigan. And whether it is necessary for the public health, convenience and welfare that such improvement be made, and whether it will be of benefit to the lands of the State that such improvement be made, and if in his judgment such improvement is necessary to the public. health, convenience and welfare, and of benefit to the lands belonging to the State, that such Commissioner of the State Land Office, for and in behalf of the State of Michigan, be and is hereby authorized and directed to join in the application to the county drain commissioner of the county of Ingham for the construction of such improvement, and is authorized and directed, if necessary, to release the necessary right of way for such drain, and the Board of State Auditors payment. is authorized and directed to audit and allow and draw its warrant upon the State Treasurer in payment of such sums, as shall be justly assessed by the county drain commissioner, or on appeal as the proportion of benefits to the State upon State lands accruing by reason of such improvement. This act is ordered to take immediate effect. Board of health may hold certain property. Trust fund. Money to be invested. Trust fund, not to be transferred, etc. Treasurer and custodian. [No. 95.] AN ACT to authorize township boards of health to receive and hold any property, real or personal, left to said board in trust for the upkeep of any cemetery or lots therein, and permitting said board to expend such funds in accordance with the provisions of such trust. The People of the State of Michigan enact: SECTION 1. The township board of health of any township shall have power in its discretion to take, receive and hold any property, real or personal, which may be granted, transferred, bequeathed or devised to such board in trust, for the purpose of caring for or keeping in good repair any lot or lots, or any portion thereof, or the whole or a part of any township cemetery, and to expend the same as specified in such trust. SEC. 2. All moneys and property which may be received by said board by way of gift, grant, devise or bequest, for cemetery purposes, shall be under the control of said board, and shall be held in trust by said board, subject to the terms and conditions on which the same were given, granted, devised or bequeathed, and the same shall constitute a trust fund. If left in money it shall, unless otherwise expressed by those making such gift, grant or bequest, be invested as a permanent fund in good, safe, interest bearing securities, the interest therefrom to be used as designated in said trust, under the supervision or direction of the said board; and no part of such income shall be used or appropriated for other than the purposes expressed in said trust, except the paying of the clerk of said board for his services in carrying out the provisions of said trust, which amount shall be determined by the board. SEC. 3. Neither the whole nor any part of the principal or income derived from said trust fund shall be either temporarily or permanently transferred to the general cemetery or other fund, or used for general cemetery purposes, or diverted in any way contrary to the provisions of the trust under which the same was received. SEC. 4. The clerk of said board shall be the treasurer of said board and custodian of such trust fund, and said board shall take into consideration this duty of the clerk in fixing the amount of his official bond, which in all cases shall be adequate to cover the moneys or property under his control for the purposes of this act. Approved May 18, 1909. [No. 96.] AN ACT to require certain reports to the Auditor General from the insane asylums and the Michigan Home for the Feeble-Minded and Epileptic and from the probate courts, relative to insane and feeble-minded persons, and to prescribe the duty of the Auditor General with reference there to. The People of the State of Michigan enact: intendents of duty of. confined. SECTION 1. It shall be the duty of the medical superin- Medical supertendent of each of the insane asylums of this State and insane the medical superintendent of the Michigan Home for the asylums, etc., Feeble-Minded and Epileptic, on or before January first, nineteen hundred ten, to compile from the records of their respective institutions, upon blanks to be furnished by the Auditor General, and forward to the Auditor General, a complete list of the patients therein confined, showing date List of of admission, county from which committed, whether the patients patient is public, private or voluntary, whether the order for commitment directs partial or full reimbursement, the names of any persons who have in any way contributed money to the support of the patient, the name and address of guardian, if any, the name, address and relationship of patient's correspondent, and such other information relative to the patient as the Auditor General may require, which said statement shall be certified by the medical superintendent and steward Certification. to be correct. probate to Report, what SEC. 2. From and after January first, nineteen hundred Judge of ten, it shall be the duty of the judge of probate of each report patients county, on or before the tenth day of each month, to make committed. a report to the Auditor General, upon blanks to be prepared and furnished by the Auditor General, of every patient committed from said court during the preceding month to any of the insane asylums of this State or to the Michigan Home for the Feeble-Minded and Epileptic, which report shall show to show. the name of the patient, date of commitment, institution to which the patient was committed, name and address of guardian, if any, value of patient's estate, if any, name, age and relationship of relatives legally dependent upon patient for support, if any, financial circumstances of relatives legally liable for support, and such other information as the Auditor General may from time to time require. intendents to SEC. 3. It shall be the duty of the medical superintendent Medical superof each asylum of this State and of the medical superintendent report of the Michigan Home for the Feeble-Minded and Epileptic, monthly. from and after January first, nineteen hundred ten, to report to the Auditor General on or before the tenth day of each month, upon blanks to be prepared and furnished by Blanks, how furnished, what to contain. Certification. Penalty. the Auditor General, the name of every patient committed to the institution for which he is superintendent during the preceding month and the date such patient was received, the names of all patients who were discharged or died during the month and the date of such discharge or death, the names of all patients who were released upon furlough or leave of absence during the month and the date that such patient left the institution and the date of his return, together with such other information as the Auditor General may require, which said report shall be sworn to by the medical superintendent and certified by the steward. SEC. 4. Any judge of probate who shall fail or neglect to furnish the report required by section two of this act within the time and in the manner therein limited shall be liable to a penalty of twenty-five dollars, to be collected in an action brought in the name of the people of the State of Michigan in any court of competent jurisdiction in this State. Approved May 18, 1909. Section amended. Board of trustees, terms of office. [No. 97.] AN ACT to amend act number one hundred forty-four of the public acts of nineteen hundred one, as amended by act number one hundred twenty-six of the public acts of nineteen hundred seven, entitled "An act to provide for the establishment and maintenance of rural high schools." The People of the State of Michigan enact: SECTION 1. Section three of act number one hundred forty-four of the public acts of nineteen hundred one, entitled "An act to provide for the establishment and maintenance of rural high schools," as amended by act number one hundred twenty-six of the public acts of nineteen hundred seven, is hereby amended to read as follows: SEC. 3. If more votes are cast in favor of such high when elected, school than against it at such election, the qualified electors of said township shall elect at their next annual election of township officers a board of trustees of three members, one for one year, one for two years and one for three years, and on the expiration of their terms of office and regularly thereafter their several successors shall be elected in like manner for a term of three years each: Provided, That when a rural high school shall have been established by the electors of any township, the first election of such trustees may be ordered by the township board to be held at any time after the ten days' legal notice of such election shall Proviso, rural high schools. |