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Land for sewage disposal,

of.

government of a village, may adopt as its charter or any part of the same, any chapter, act or section of the statutes of this State in force at the time of such adoption and not inconsistent with the provisions of this act, which relates to the powers or government of villages generally, either by reciting the same in such charter or by appropriate reference thereto.

SEC. 26g. Any village whether incorporated under the purchase, etc., provisions of this act or under any existing charter of the village heretofore granted or passed by the Legislature for the government of a village, may acquire by purchase or condemnation proceedings land without its corporate limits necessary for the disposal of sewage or the obtaining or protecting of a water supply for the village or the inhabitants thereof. The jury in condemnation proceedings shall consist of twelve freeholders drawn from the body of the county, and if they shall determine that such use is necessary, and that the use proposed will not materially injure the health or safety of the persons living adjacent to the land, they shall award the compensation to be paid therefor. Other proceedings in such cases shall conform to the general law authorizing cities and villages to take or hold land or property outside of their corporate limits as contained in chapter ninety of the compiled laws of eighteen hundred ninety-seven. SEC. 28. It is hereby intended by this act to reenact secIntent of act. tions seventeen, eighteen, nineteen and twenty, as above amended, pursuant to the adoption of the amendment to section twenty-one of article eight of the State constitution by vote of the electors on November fifth, nineteen hundred twelve, so that villages under existing charters heretofore granted by the Legislature shall have the same right and power to amend such charters as villages that have adopted complete charter revisions under the act hereby amended. SEC. 2. All acts or parts of acts contravening the provisions of this act are hereby repealed.

SEC. 3. This act is hereby declared to be immediately necessary for the preservation of the public peace, health and safety.

This act is ordered to take immediate effect.
Approved April 21, 1913.

[No. 96.]

AN ACT to amend section three of act number one hundred fifty of the Public Acts of nineteen hundred eleven, entitled "An act to provide for the employment of prison labor on State account at the State Prison at Jackson, Michigan; to provide for the sale and disposition of the manufactured product; to define the duties of the warden and board of control of said prison in relation thereto; to make an appropriation for the fiscal year ending June thirty, nineteen hundred twelve; to carry into effect the object and purposes of this act, and to provide a tax to meet the same," and to add a new section to said act to stand as section nine, uniting the revolving fund of the State Prison at Jackson, Michigan, with the State account fund of the said prison at Jackson, Michigan, and providing for the disposition of said funds as united; and to repeal all acts or parts of acts inconsistent with the terms of said act as amended.

The People of the State of Michigan enact:

SECTION 1. Section three of act number one hundred Sections amended and fifty of the Public Acts of nineteen hundred eleven, entitled added. "An act to provide for the employment of prison labor on State account at the State Prison at Jackson, Michigan; to provide for the sale and disposition of the manufactured product; to define the duties of the warden and board of control of said prison in relation thereto; to make an appropriation for the fiscal year ending June thirty, nineteen hundred twelve, to carry into effect the object and purposes of this act, and to provide a tax to meet the same," is hereby amended, and a new section, to stand as section nine of said act is added thereto, said section three, as amended, and said new section nine to read as follows:

credited, etc.

SEC. 3. All moneys derived from the sale of State account Sale of state fund products shall be collected by the warden, who shall account fund products, monthly pay the same into the State treasury on or before where moneys the fifteenth of the following month, to the credit of the State account fund created by this act, accompanying said report by a schedule showing the amount received from each person, giving name and residence of such person. It is hereby made Separate the duty of the State Treasurer of the State of Michigan to account. carry as a separate account upon the books of his office, said State account fund, and all accounts and items pertaining thereto, which fund shall be used for the payment of warrants drawn upon the same by the Auditor General, as required by the warden and board of control of said State Prison at Jackson: Provided, That when such State ac- Proviso. count fund shall exceed the sum of one hundred thousand

Further proviso.

"Revolving fund" transferred.

dollars, the warden and board of control of said prison may use such excess or as much thereof as is needed for the betterment or enlargement of such State account fund industries as they may deem necessary, or for additions, repairs or alterations to any plant or plants or equipment thereof: Provided further, That the warden and board of control of said State Prison at Jackson are hereby authorized and empowered to use not to exceed one hundred thousand dollars of such State account fund for the purpose of repairing or replacing any buildings connected with said plant or plants, or additions thereto, or any property heretofore or hereafter damaged or destroyed by wind, fire or otherwise.

SEC. 9. The fund now existing and known as a "revolving fund" created by act number two hundred eleven of the public acts of nineteen hundred seven, entitled "An act to provide for the installation, maintenance, equipment and operation of a twine and cordage plant to be operated by prison labor at the State Prison at Jackson, Michigan; to provide for the sale and disposition of the manufactured product; to define the duties of the warden and board of control of said prison in relation thereto; to make an appropriation for the fiscal year ending June thirty, nineteen hundred eight; to carry into effect the object and purposes of this bill, and to provide a tax to meet the same," shall be, and the same is hereby transferred to the said State account fund and hereafter shall be and remain a part of the said State account fund mentioned in this act, and shall hereafter be available for all purposes, and disposed of in the same manner as prescribed by the terms of this act; and all moneys which, by the terms of said act, would hereafter become a part of said revolving fund shall be added to and become a part of said State account fund; and it is hereby made the duty of the State Treasurer of the State of Michigan to transfer said revolving fund account upon the books of his office to the account of the State account fund mentioned in this act.

SEC. 2. All acts or parts of acts inconsistent with the terms of this act are hereby repealed.

Approved April 22, 1913.

[No. 97.]

AN ACT to amend sections two, three, five, eight, nine and twelve of act number two hundred thirteen of the Public Acts of nineteen hundred nine, entitled "An act to regulate the taking of fish in the waters of Lakes Superior, Michigan, Huron and Erie, the bays thereof and the connecting waters between said lakes within the jurisdiction of this State, and to regulate the transportation, sale and possession of fish taken from said waters."

The People of the State of Michigan enact:

SECTION 1. Sections two, three, five, eight, nine and twelve Sections of act number two hundred thirteen of the Public Acts of amended. nineteen hundred nine, entitled "An act to regulate the tak ing of fish in the waters of Lakes Superior, Michigan, Huron and Erie, the bays thereof and the connecting waters between said lakes within the jurisdiction of this State, and to regulate the transportation, sale and possession of fish taken from said waters," are hereby amended to read as follows:

to place, etc.

SEC. 2. It shall be unlawful to place or set any kind of Nets, unlawful a net or to take or attempt to take any kind of fish with a net in any of the connecting waters between Lake Superior and Lake Huron, and the connecting waters between Lake Huron and Lake Erie. For the purpose of this act, the con- Connecting necting waters between Lake Superior and Lake Huron shall waters defined. be defined as all that part of the Straits of St. Mary in this State, extending from a line drawn straight from the most northerly point of Round island to Point Aux Pins, to a line drawn due east and west from the most southerly point of Lime island; and the connecting waters of Lake Erie and Lake Huron shall be defined as all of the St. Clair river, all of Lake St. Clair, and all of the Detroit river extending from Fort Gratiot light in Lake Huron to Bar Point light in Lake Erie. It shall be unlawful to set any net within one hundred sixty rods on either side of the mouth of any river navigable for vessels drawing ten feet or more, nor less than forty rods on either side of the mouth of any other river or the outlet of any inland lake, leaving an open channel of eighty rods in width for the free passage of fish, extending two miles from shore in which no nets of any kind shall be set. In case of dispute as to the location of the open channel the same shall be determined by the State Game, Fish and Forestry Warden: Provided, That it shall Proviso, hook be lawful at all times to catch any kind of fish in these con- and line. necting waters with a hook and line, except black bass, brook trout, rainbow trout and steelhead trout, or any other game fish protected by the laws of this State which shall only be

Nets, size of mesh prescribed.

Gill nets.

Proviso, immature fish.

Permits.

Pound nets.

taken or possessed in the manner and at the time specified by any of the laws of the State of Michigan protecting such fish.

SEC. 3. It shall be unlawful for any person to use in the waters of Lakes Michigan, Superior, Huron and Erie and the bays and harbors thereof within the jurisdiction of this State any pound or trap net, gill net, seine or any fixed, set or movable net of any kind or description whatever, the meshes of which are different than prescribed by this sec-. tion as follows: Gill nets with meshes of not less than four and one-half inches may be used for the taking of whitefish and trout; gill nets with meshes of not less than three and one-eighth inches nor more than three and one-half inches may be used in not less than sixty fathoms of water for the taking of longjaws, chubs, black fins and fat trout, commonly called siscowets, wherever they will not interfere with or take whitefish or lake trout; gill nets with meshes of two and three-fourths inches may be used for the purpose of taking perch, herring, chubs and other rough fish wherever and whenever they will not take more than fifteen per cent of immature whitefish and lake trout, such percentage to be determined by the State Game, Fish and Forestry Warden, by inspection of the fish taken in such nets by lifts made on same grounds, for a period of six days in succession: Provided, That uninjured immature fish shall be returned to the water. Said State Game, Fish and Forestry Warden is hereby given authority to remove or cause the removal from said waters of such nets whenever and wherever from the inspection herein provided he shall determine that such nets are taking more immature whitefish or trout than allowed by the provisions of this section. Gill nets with meshes of not less than one and one-half inches nor more than two inches may be used for the purpose of taking bait for hook and line fishing when and where such nets will not take im mature fish. Gill nets with meshes of not less than two and one-half inches may be used for the purpose of taking blue back herring from November first to December fifteenth, inclusive, in each year wherever they will not interfere with or take immature whitefish or trout. The State Game, Fish and Forestry Warden may issue permits under such regulations as he may deem advisable for the use of gill nets with meshes of two and one-half inches to be used for taking blue back herring, when set not more than three fathoms below the surface in waters of a depth of twenty fathoms or over, wherever they will not interfere with or take whitefish or trout. Pound nets with the pot, crib or pocket being that part of the net in which fish are finally captured, having meshes of not less than three and one-half inches in the bottom, sides and front, as found in use, extension measure, from center of knot to center of knot when fully extended, with back having meshes of not less than two inches, extension

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