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weeks nor more than twelve weeks from the date thereof, and a copy of such order shall be personally served upon Service. all persons interested in said land if found in the State of Michigan at least ten days before the return day thereof, and shall be published once in each week for three successive Publication. weeks preceding the return day thereof in a newspaper printed and circulated in the county where such property is situated, and in the county in which the petitioner resides, and in such other place or places as the court may direct: Provided, That when such application shall be made by any Proviso, trustee, a copy of such notice shall also be personally served by trustee. upon the cestui que trust, at least ten days before the re

turn day thereof.

application

to be contrary

SEC. 9. No sale or conveyance of any kind shall be made Sale, etc., not of any property contrary to any specific provisions in regard to deed or will. thereto contained in the deed of conveyance, or in the will under which the petitioner holds the said property. Approved April 30, 1909.

[No. 57.]

AN ACT to amend section ten of chapter thirteen of the revised statutes of eighteen hundred forty-six, entitled "Organization, powers and duties of counties," the same being compiler's section two thousand four hundred fortyeight of the Compiled Laws of eighteen hundred ninetyseven, relative to jurisdiction of counties bordering on Lake Michigan.

The People of the State of Michigan enact:

amended.

SECTION 1. Section ten of chapter thirteen of the revised Section statutes of eighteen hundred forty-six, entitled "Organization, powers and duties of counties," the same being compiler's section two thousand four hundred forty-eight of the Compiled Laws of eighteen hundred ninety-seven, relative to jurisdiction of counties bordering on Lake Michigan, is hereby amended to read as follows:

counties

Michigan.

SEC. 10. The counties now existing, or which may be here- Jurisdiction of after organized, bordering upon the shore of Lake Michigan bordering on shall have jurisdiction of all offenses committed on that part Lake of Lake Michigan which lies within the limits of this State; and such offenses shall be heard and tried in either of the two counties nearest the place where the alleged offense was committed.

Approved April 30, 1909.

Board of
supervisors or
auditors,
duty of.

Claims, how paid out.

Appeal in case of disallowance.

Bond.

County clerk,
duty of
upon notice
of appeal.

Certificate.

Action, entry of.

[No. 58.]

AN ACT relative to the adjustment and payment of claims against counties, and to provide appeals from the disallowance thereof.

The People of the State of Michigan enact:

SECTION 1. It shall be the duty of the board of supervisors of each county, or the board of county auditors in counties having a board of county auditors, to adjust, allow and authorize the payment of all claims against the particular county, and any claims not adjusted and ordered paid by the said board of supervisors or board of county auditors, as the case may be, except as provided in this act, shall not be paid. Any claim or any part or portion thereof which may be adjusted or allowed by the board of supervisors or the board of county auditors shall be paid out of the county treasury in the manner provided by general law.

SEC. 2. When the claim of any person, firm or corporation against a county shall be disallowed in whole or in part by the board of supervisors or board of county auditors, such person, firm or corporation may appeal from the decision of such board to the circuit court for the same county, by causing a written notice of such appeal to be served on the county clerk within ten days after the date of such dis allowance. The appeal herein authorized shall be of no force or effect, unless there is filed with the county clerk, at the same time the notice of appeal is served, a bond for two hundred dollars running to the county with sufficient surety, to be approved by the county clerk, conditioned for the faithful prosecution of such appeal and the payment of all costs that may be adjudged against the appellant.

SEC. 3. The county clerk upon being served with such notice of appeal shall immediately give notice thereof to the prosecuting attorney, and make out a brief return of the proceedings of the board of supervisors or board of county auditors relating to such claim, with the decision thereon, and attach thereto the notice of appeal and all other papers in the case in his possession or which may have been before the auditing board, together with his certificate that such return is a true statement of the proceedings of the auditing board in regard to the decision appealed from, and that the notice of appeal, bond and other papers are all the papers in his possession or which were before the auditing board relating to such appeal, and forthwith file same in his office.

SEC. 4. The county clerk shall, as soon as the said return is filed in his office, enter in the circuit court record an action in which the claimant shall be plaintiff and the particular county defendant. The claimant shall not be per

mitted to file any amended or different claim from that presented to the board of supervisors or board of county auditors.

determined.

The statement or return of the proceedings before the au- Declaration. diting board, prepared and filed in the office of the county clerk, shall be equivalent to a declaration in such action, and the defendant may file its plea thereto within twenty Plea. days after such appeal is taken. Every appeal thus taken How tried and to the circuit court shall be docketed among the other causes pending therein, and shall be heard, tried and determined as an original cause, and the practice in the circuit court shall be followed in all such matters, except where the contrary is herein expressed.

SEC. 5. When an appeal is taken by a person, firm or Appeal by corporation not a party to the proceeding before the board in interest. of supervisors or board of county auditors, such appeal may upon motion be dismissed, unless such person, firm or corporation shall file with the clerk of said circuit court an affidavit setting forth that the said appellant has an terest in the matter and is aggrieved by the decision of the auditing board, and alleging explicitly the nature of the interest. If upon appeal the claimant shall recover anything Costs, how in addition to the amount allowed by the board of super- apportioned. visors or board of county auditors, costs shall be granted the claimant regardless of the amount so recovered. If nothing shall be allowed in addition to the amount authorized by the auditing board, the defendant shall have costs. If the appeal is from the action of the board of supervisors or the board of county auditors allowing a part of a claim, the court may examine all the items thereof and give the defendant the benefit of the aggregate amount allowed thereon, and if it shall appear that the appellant or claimant has been allowed all that he is entitled to, he shall be entitled to judgment for that amount, and the defendant shall recover costs: Provided, That a term fee or attorney fee Proviso, term shall not be allowed in any case.

or attorney fees.

when entered,

SEC. 6. When the appellant shall be granted any sum Judgment, in addition to the amount allowed by the auditing board, how paid. the circuit judge may authorize the clerk of the court to enter a judgment in favor of the claimant for the amount, which judgment when properly entered shall authorize the county treasurer to pay the amount thereof to the claimant.

The circuit court may in all cases make a final determina- Final detertion of the proceeding which is appealed, or may return mination, etc. the said claim to the board of supervisors or the board of county auditors with an order how to proceed, and may require such board to comply with the final determination made by the court in the premises.

SEC. 7. It is hereby made the duty of the prosecuting Prosecuting attorney to represent the board of supervisors or board of attorney, duty county auditors in any such appeal, but he shall not re

of.

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ceive or be entitled to any additional compensation therefor.

Approved April 30, 1909.

Bass, open season for.

Size and
catch limited.

Idem.

Unlawful to sell.

Penalty.

[No. 59.]

AN ACT to prohibit the taking, catching or killing of certain species of bass during certain months of the year; to provide a penalty therefor, and to repeal all acts or parts of acts inconsistent herewith.

The People of the State of Michigan enact:

SECTION 1. It shall be unlawful to take, catch or kill or attempt to take, catch or kill in any manner or by any means whatever, in any of the waters of this State, any smallmouthed black bass, big-mouthed black bass, silver, calico, white or strawberry bass from and after the first day of February in each year up to and including the fifteenth day of June thereafter.

SEC. 2. It shall be unlawful for any person or persons to take, catch or kill in any of the waters of this State any small-mouthed black bass or big-mouthed black bass of less than ten inches in length, or to catch, take or kill in any one day more than ten of the above named fish of any size, or to take with him therefrom, or to have in his possession at any place in this State more than ten of said kinds of fish at any one time.

SEC. 3. It shall be unlawful for any person or persons to take, catch or kill in any of the waters of this State any strawberry bass, white bass, silver or calico bass less than seven inches in length, and it shall be unlawful for any person or persons to catch, kill or capture in any one day more than twenty of the above named fish of any size, or to take with him therefrom, or to have in his possession at any place in this State more than twenty of said kinds of fish at any one time.

SEC. 4. It shall be unlawful at any time hereafter for any person or persons to sell or offer for sale or ship for the purpose of sale any small-mouthed black bass, big-mouthed black bass, strawberry, silver or calico bass, or white bass, within the borders of this State.

SEC. 5. Any person or persons violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction shall be punished by a fine of not less than ten dollars nor more than fifty dollars, together with costs of prosecution,

or imprisonment in the county jail for a period not exceed

ing sixty days, or both such fine and imprisonment in the discretion of the court.

SEC. 6. All acts or parts of acts in anywise inconsistent Acts repealed. with or contravening the provisions of this act are hereby repealed.

Approved May 5, 1909.

[No. 60.]

AN ACT fixing the salaries of circuit judges.

salary.

The People of the State of Michigan enact: SECTION 1. On and after January first, nineteen hundred Annual ten, each circuit judge shall receive an annual salary of thirtyfive hundred dollars, payable out of any moneys in the State treasury belonging to the general fund, not otherwise appropriated. The amount herein provided shall, after January first, nineteen hundred ten, be compensation in full for all services performed by each circuit judge in this State, until the board of supervisors shall, at any regular session here- Supervisors after, vote to pay the circuit judge regularly holding court in additional such county an amount in addition to the salary herein amount. designated.

Approved May 5, 1909.

may vote

[No. 61.]

AN ACT to amend sections nineteen and twenty-one of chapter eighteen of the revised statutes of eighteen hundred forty-six, entitled "Of fences and fence viewers; of pounds and the impounding of cattle," being compiler's sections two thousand four hundred thirty-three and two thousand four hundred thirty-five of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

amended.

SECTION 1. Sections nineteen and twenty-one of chapter Sections, eighteen of the revised statutes of eighteen hundred fortysix, entitled "Of fences and fence viewers; of pounds and the impounding of cattle," being compiler's sections two thousand four hundred thirty-three and two thousand four hundred

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