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Section amended.

Breeding of horses, how shown.

Record, prima facie evidence.

[No. 82.]

AN ACT to amend section one of act number one hundred seventy-three of the public acts of eighteen hundred ninetythree, the same being section ten thousand two hundred two of the Compiled Laws of eighteen hundred ninety-seven, entitled "An act to provide the manner of proving the breeding of horses."

The People of the State of Michigan enact:

SECTION 1. Section one of act number one hundred seventythree of the public acts of eighteen hundred ninety-three, the same being section ten thousand two hundred two of the Compiled Laws of eighteen hundred ninety-seven, entitled "An act to provide the manner of proving the breeding of horses," is hereby amended to read as follows:

SEC. 1. Whenever it becomes necessary to show the breeding of any horse in any action at law or in equity, the same may be shown by Wallace's Year Book, Wallace's American Trotting Register, The American Percheron Horse Breeders and Importers Association, Percheron Society of America, The American Percheron Horse Breeders Association or the Percheron Stud Book of America; and whenever a horse is registered in any of the registers aforesaid, or with said society or either of said associations, the record of such registration or the society's or association's certificate of such regis tration under its corporate seal shall be prima facie evidence of the breeding of such horse.

Approved April 13, 1911.

Section amended.

[No. 83.]

AN ACT to amend section eighteen of act number ninety-one of the public acts of nineteen hundred five, entitled "An act to prevent the importation from other states and the spread within this State of dangerous insects and dangerously contagious diseases affecting trees, shrubs, vines, plants and fruits, and to repeal all acts or parts of acts that contravene the provisions of this act," approved May four. nineteen hundred five, relative to compensation of local inspectors.

The People of the State of Michigan enact:

SECTION 1. Section eighteen of act number ninety-one of the public acts of nineteen hundred five, entitled "An act to prevent the importation from other states and the spread

within this State of dangerous insects and dangerously contagious diseases affecting trees, shrubs, vines, plants and fruits, and to repeal all acts or parts of acts that contravene the provisions of this act," approved May four, nineteen hundred five, is hereby amended to read as follows:

SEC. 18. The township, village and city fruit and tree in- Inspectors, spectors shall be allowed for services under this act three salary of. dollars for each full day and one dollar fifty cents for each half day, and their per diem and other charges and disbursements hereunder shall be audited by the township board or village or city council.

Approved April 13, 1911.

[No. 84.]

AN ACT to repeal section twenty-two, and to amend sections nine, eleven, twelve, fourteen, seventeen, twenty, twenty-one, twenty-six, twenty-eight, thirty, thirty-one, thirty-four, thirty-five, thirty-six and thirty-eight of act number one hundred eighty-four of the public acts of eighteen hundred ninety-three, entitled "An act to provide for the enrollment, organization, equipment, maintenance and discipline of the naval militia of the State," as amended by act number two hundred eleven of the public acts of eighteen hundred ninety-five, act number six of the public acts of eighteen hundred ninety-eight, act number two hundred twenty of the public acts of nineteen hundred five, and act number ninety of the public acts of nineteen hundred nine.

The People of the State of Michigan enact:

SECTION 1. Section twenty-two of act number one hundred Section repealed. eighty-four of the public acts of eighteen hundred ninety-three, as amended by act number ninety of the public acts of nineteen hundred nine, entitled "An act to provide for the enrollment, organization, equipment, maintenance and discipline of the naval militia of the State," is hereby repealed, and sec- Sections tions nine, eleven, twelve, fourteen, seventeen, twenty, twenty- amended. one, twenty-six, twenty-eight, thirty, thirty-one, thirty-four, thirty-five, thirty-six and thirty-eight of said act are hereby amended to read as follows:

Naval

SEC. 9. As a part of the active militia of the State in addi- Michigan tion to the land forces now authorized and allowed by law to Brigade. be maintained, there shall be allowed a brigade of naval militia of the strength hereinafter provided for, which shall be known and designated, in order to distinguish the same from the land or military forces of the State, as the Michigan

Of what to consist.

Division into battalions.

Assistant paymaster.

Battalion, how commanded.

naval brigade. Such brigade shall consist of not more than
eight divisions of the strength hereinafter provided for, to-
gether with the necessary complement of line and staff offi-
cers, warrant and petty officers and musicians, as hereinafter
provided.

SEC. 11. The naval brigade shall be divided into battalions
of not more than four nor less than two divisions each, and
a marine band may be organized and enlisted for duty with
any such battalion, as the commander in chief may from
time to time order and direct. The senior line officer of the
brigade shall command. All other officers thereof shall take
rank and precedence in accordance with the laws and regu-
lations governing the United States navy.

SEC. 12. The commander in chief may appoint two assistant paymasters with the rank of ensign, each of whom shall be subordinate to and under the orders of the commander of that battalion to which he may be assigned by the commander in chief.

SEC. 14. Each battalion shall be commanded by a commander. To each battalion there shall be allowed the following commissioned officers, viz: One lieutenant commander who shall be the chief executive officer of the battalion; one lieutenant who shall be the navigating and ordnance officer of the battalion; one lieutenant who shall be the chief engineer of the battalion, and not to exceed one ensign for each division of the battalion to be assigned to engineering duties; and a battalion staff to consist of one paymaster, one chaplain, one past assistant surgeon, and two assistant surgeons and one signal officer. Paymasters, chaplains and past assistant surgeons shall have the relative rank of lieutenant; assistant surgeons shall have the relative rank of ensign; and signal officers of battalions shall have the relaPetty officers. tive rank of lieutenant. There shall also be allowed to each battalion staff such number of petty officers as the commander in chief shall from time to time order and direct.

Compensation.

SEC. 17. All officers and enlisted men shall receive for each day actually spent by them on duty, on the tours of duty or cruises authorized by this act, or the actual service on any duty authorized by this act or ordered by the commander in chief, and for the time necessarily spent by them in traveling from their homes to the place of rendezvous and returning to their homes, full compensation, together with the necessary transportation, to-wit: To each enlisted man below the rank of petty officer, one dollar twenty-five cents per day; to each third class petty officer, one dollar thirtyfive cents per day; to each second class and first class petty officer, one dollar forty-five cents per day; to each chief petty officer, one dollar fifty-five cents per day; and to each enlisted man subsistence, the cost of the same not to exceed seventyfive cents per day, the difference between the cost of subsistence and said seventy-five cents per day to be paid in money to said enlisted men at the time of payment for such

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compensation

service; to warrant officers, such pay and allowances, not exceeding those allowed to ensigns for similar services, as the commander in chief may from time to time direct and establish; to all other commissioned officers such pay and allowances as are fixed by law or regulations for officers of corresponding rank in the United States navy while on duty at sea: Provided, That in addition to the above any officers Proviso. who shall be members of the State naval board or any other similar body, shall each receive such annual compensation and allowances as are made for members of such boards or bodies: Provided further, That hereafter each officer upon Further his first appointment as an officer shall be paid the sum of proviso, fifty dollars as an equipment allowance: Provided further, allowance. That any officer or enlisted man guilty of drunkenness on any proviso, tour of duty or cruise, or on the way to or from the same, drunkenness, shall forfeit all pay for that entire tour of duty or cruise, and it shall be the duty of the officer charged with making the pay rolls to note the fact of intoxication or drunkenness against the name of the person guilty thereof. All officers and en- Riots, etc., listed men shall receive for their services for each day actually compensat spent on duty in case of riot, tumult, breach of the peace, resistance of process, or whenever legally called upon in aid of the civil authorities, and for the time actually spent by them in traveling to and from their homes to the place of rendezvous, the compensation provided herein above in this section. Such compensation, subsistence, allowances and How audited. cost of transportation, and the cost of all ammunition used or purchased for use by any officer in command of the naval brigade or any portion thereof, so called out, shall be audited and allowed by the Auditor General when detailed bills are presented duly certified by the commanding officer of such brigade or portion thereof, and approved by the head of the Quartermaster's Department of the Michigan national guard. The Auditor General shall, upon auditing and allowing such accounts, draw his warrant therefor upon the State Treas urer, who is hereby authorized and required to pay the same, and any sums so audited and paid are hereby appropriated out of moneys in the general fund not otherwise appropriated. The Auditor General shall charge all of such moneys So County to drawn to the county or counties in which such service is pay cost. rendered, to be collected and returned to the general fund in the same manner as any other county indebtedness to the State is required by law to be collected and returned to the general fund. There shall be paid to each enlisted man for Drills. attendance and performance of duty at regular drills, not to exceed forty drills in any one year, said drills to be of not less than one and one-half hours duration, the following sums, viz: To each enlisted man below the rank of petty officer, twenty-five cents; to each third class petty officer, thirty cents; to each second class and first class petty officer, thirty-five cents; to each chief petty officer, forty cents. Said Amounts, amounts shall be due and payable semi-annually on April etc..

when due,

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thirtieth and October thirty-first of each year, and shall be allowed and paid out of the funds annually provided for the support of the naval brigade: Provided, That any enlisted man absenting himself, without a reasonable and satisfactory excuse, from any regular drill, special drill, inspection or parade, shall forfeit a sum equal to the amount to which he would have been entitled for attendance at a regular drill, and that the same shall be noted on the pay roll and deducted from his pay: Provided further, That any enlisted man dishonorably discharged shall forfeit all pay and allowances provided by this act: Provided further, That no sum shall be allowed, except for actual presence and duty performance at any of the aforesaid regular drills. No pay provided for in this act shall be paid to any enlisted man until after an inspection is had of all military property for which he is responsible, and the cost value of any injured, damaged or unnecessarily injured property may be deducted from the amount due him before the sum is paid.

SEC. 20. The executive officer, navigating and ordnance officers, chief engineer and signal officer of each battalion and officers of the battalion staff shall be appointed and commissioned by the commander in chief upon the recommendation of the officer commanding the battalion for a term of three years; but the commander in chief, if he shall disapprove of any person so recommended for appointment, may decline to so appoint and commission him; and in case of such disapproval or in case such person shall fail to pass the required examination or in case the battalion commander shall fail to recommend any person for appointment to any such place within two weeks after a vacancy shall occur therein, the commander in chief may of his own motion appoint and commission such person to any such place as he may deem proper.

SEC. 21. Executive officers, navigating and ordnance officers, engineer officers, signal officers, and officers of the battalion staff, commanding officers of battalions and officers of divisions shall continue to hold and exercise the duties of their respective offices after the expiration of their terms of office, unless promoted or appointed to another grade or office, until their successors shall be duly commissioned and entitled to enter upon the exercise of their duties.

SEC. 26. All persons elected or appointed to any commissioned office with the exception of the senior line officer commanding the brigade, paymasters, assistant paymasters, medical officers and chaplains shall, before any commission be issued, be required to pass a satisfactory examination as to their fitness and capacity for such office; but no person reelected or reappointed to any such office shall be required to pass such examination upon such reelection or reappointment, unless the commander in chief shall so order and direct. The commander in chief may, if he shall deem best, order any

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