of schools to state to direct etc. SEC. 32. It shall be the duty of the county commissioners Commissioners of schools to distribute all copies of the "Official Directory and distribute Legislative Manual" to the schools in their respective coun- copies. ties, as provided in section thirty of this act; and also to see that the same are kept for the use of said schools, and it shall be the duty of the Secretary of State to direct and oversee the Secretary of prompt distribution of the laws, journals, documents and re- distribution of ports mentioned in this act, whose distribution is not other laws, journals, wise provided for; and said laws, journals, documents, and reports shall be shipped to the several county clerks and county commissioners of schools in the State, and be distributed by them to the persons, officers, corporations and societies within their respective counties entitled to the same, and that, until so distributed, they shall be carefully preserved by said county clerks and county commissioners of schools. That the accounts for boxes furnished to the Sec- Board of state retary of State for package and distribution shall be audited audit and allow and allowed by the Board of State Auditors and paid out of accounts for the State treasury, and the expense of transportation from Expense of the office of the Secretary of State to the county clerks and transportation. county commissioners of schools, and of distribution by them to the persons entitled to the same, shall be audited and allowed by the boards of supervisors and paid out of the county treasuries. auditors to boxes. and county missioners to distribute made to sec SEC. 33. It shall be the duty of the several county clerks County clerks and county commissioners of schools, upon receiving any of school comthe books mentioned in this act, to receipt to the Secretary receipt for and of State for the same, which receipt shall be filed and pre- distrib served in the office of the Secretary of State; and it shall also be the duty of the said county clerks and county commissioners of schools to distribute said books as provided in this act, and to report at the expiration of a month after each reception of books to the Secretary of State, on blanks furnished Report to be by him, by giving a full statement of all of said books remain- retary of state. ing in his office, together with the names of the officers neglecting to call for the books to which they are entitled; and it shall be the duty of all persons, officers, corporations and so- Persons, officieties, upon receiving any of the books mentioned in this act, receipt to to receipt respectively to the county clerk and county com- county clerk missioner of schools for the same, which receipt shall be filed school commisand preserved in the office of the county clerk and county com- books. missioner of schools respectively. It shall also be the duty of Receipts to be the Secretary of State to notify each person to whom any Secretary of books are sent, except township officers, either directly or in ste to notify care of the county clerk, which are required by this act to be whom books kept in any library or passed over to any successor in office, and that each person receiving such notice shall, within a reasonable time, apply to the county clerk for the books mentioned in this notice, if such books were sent to the county clerk, and obtain the same; and if such books have been cers, etc., to and county sioner for filed. persons to are sent, etc. received by the county clerk and are not called for as aforePersons to be said, such person thus notified shall be held responsible in the held respon. sible. Persons, officers, etc., to deliver books to successors. Neglect or refusal to deliver books to successor. Penalty for. same manner and to the like extent as in the case of his neglect or refusal to deliver over to his successor books received by him, except that books sent for the use of township officers may be sent to either the township clerk or county clerk, when the Secretary of State shall notify the township clerk, who shall draw all of the books for the officers of his township and distribute the same. SEC. 34. Every person or officer who shall receive any of the books distributed by the Secretary of State, which are required by this act to be placed in his library, and each city, village, township and county officer, shall, when he ceases to hold such office, deliver over to his successor in office all such books received by him; and any person who shall neglect or refuse to deliver over to his successor in office all such books, received by him as aforesaid, shall be liable to such successor in an action for money had and received to the full amount it shall cost him to furnish himself with such books, and costs of suit; which action shall, on request, be brought and prosecuted by the prosecuting attorney of the county; and any person who shall knowingly and wilfully retain any such books in his possession, or refuse to pass them over to his successor, shall also be subject to a penalty in a sum not exceeding fifty dollars, or be imprisoned in the county jail not exceeding three months, or both, in the discretion of the court: Provided, however, That township and county officers receivcounty officers. ing the abstract of reports of county superintendents of the poor, of sheriffs, or of the insane, deaf, dumb and blind, shall not be required to pass them over to their successors. Proviso as to township and Township clerks or their for books and distribute same. SEC. 35. It shall be the duty of the township clerk or his deputies to call deputy, within ten days after the receipt of the notice for books from the Secretary of State, to call for the same and give his receipt to the county clerk, and distribute the books so received to the different officers of his township entitled to the same, taking their receipts therefor, and filing said receipts in his office, and transcribing them in a book for what purpose to be delivered to his successor. In case any vacancy occurs in a township office provided with books, the property of the State, which should be turned over to the officer filling such vacancy, it shall be the duty of the township clerk or his deputy to collect at once all such books and keep them in his custody until he can turn them over to the new officer filling such vacancy, taking his receipt therefor. The townany township ship board is hereby authorized and directed to allow said Township clerks or deputies to collect books belonging to state in case of vacancy in office. Proviso. township clerk or his deputy all just and necessary expenses incurred by him, or a per diem for his compensation, for the performance of his duties imposed upon said township clerk by this section: Provided, That in case of a vacancy in the office of township clerk and deputy township clerk, or his ina bility to perform the duties as prescribed in this section, then by fire, secre tary of state to replace, etc.. SEC. 36. In cases of loss by fire, or in any manner whatso- Loss of books ever beyond his control, of a book or books by an officer, who is required to transmit them to his successor, or if the same is so worn as to become useless said officer shall make a statement setting forth all the circumstances under which the loss occurred, which statement shall be sworn and subscribed to before an officer entitled to administer oaths, and certified to by the clerk of the county under his hand and seal of the court, and forward the same to the Secretary of State, who, after examination of said affidavit, he being convinced that the facts as set forth in the affidavit are true, and that in his judgment the officer is not responsible for the loss of the book or books, is hereby empowered and authorized to replace the book or books lost as claimed, and in his discretion may send the book or books either to the county clerk or to the township clerk in whose township the loss occurred. SEC. 37. Act number one hundred twenty-two of the ses- Acts repealed sion laws of eighteen hundred eighty-nine, entitled "An act to provide for the publication and distribution of laws and documents, reports of the several officers, boards of officers and public institutions of this State, now and hereafter to be published, and to provide for the replacing of books lost by fire or otherwise, and to repeal all existing laws providing for the publication and distribution of said laws, documents or reports;" act number twenty of the session laws of eighteen hundred eighty-nine, entitled "An act to amend section one of act number two hundred sixty-three of the public acts of one thousand eight hundred seventy-nine, entitled 'An act to provide for the preparation, publication and distribution of a Legislative Manual,' approved May thirty-first, one thousand eight hundred and seventy-nine, as amended by act number seventy-nine of the public acts of one thousand eight hundred and eighty-seven;" and all other laws or parts of laws contravening or inconsistent with this act, be and the same are hereby repealed. This act is ordered to take immediate effect. Sections amended. When grouse, partridge, etc., [No. 45.] AN ACT to amend sections thirteen and fourteen of act number one hundred fifty-nine of the public acts of eighteen hundred ninety-seven, entitled "An act to revise and amend the laws for the protection of game," approved May twenty-six, eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. That sections thirteen and fourteen of act number one hundred fifty-nine of the public acts of eighteen hundred ninety-seven, entitled "An act to revise and amend the laws for the protection of game," approved May twenty-six, eighteen hundred ninety-seven, be and the same are hereby amended so as to read as follows: SEC. 13, No person or persons shall injure, kill or destroy, may be killed. by any means whatever, any ruffed grouse, sometimes called partridge or pheasant, colin or quail, sometimes called prairie pheasant, or any spruce hen, save only from the twentieth day of October to the thirtieth day of November, both inclusive, in each year: Provided, That in the Upper Peninsula partridge may be killed from October first to November thirtieth, both inclusive, in each year. Proviso. When duck, goose, brant, etc., may be killed. Proviso. Further proviso. Unlawful to kill or destroy wild pigeon. SEC. 14. No person or persons shall injure, kill or destroy by any means whatever, any kind of wild duck, wild goose, brant or other wild water fowl, save only from the first day of September to the thirty-first day of January, both inclusive, and then only from one-half hour before sunrise until one and one-half hours after sunset each day: Provided, however, That it shall be lawful to hunt and kill jack snipe, blue bill, canvas back, widgeon, pin tail, whistler, spoon bill, butter ball and saw bill ducks and wild geese, between the first day of September in each year and the first day of May next following: And provided further, That in the Upper Peninsula any kind of wild duck, wild goose, brant, or any other wild water fowl, may be killed from September first to January fifteenth inclusive, for each year. That it shall be unlawful to injure, kill or destroy any wild pigeon, mongolian or english pheasant, until the year nineteen hundred five, and then only from October twentieth to November thirtieth, both inclusive, of each year, or any kind of snipe, woodcock or plover, save only from the twentieth day of October to the thirtieth day of November, both inclusive, in each year. This act is ordered to take immediate effect. Approved April 19, 1899. [No. 46.] AN ACT to repeal act number two hundred eighty-six of the public acts of eighteen hundred ninety-seven, entitled "An act to permit the spearing of white fish and herring in Portage and Little Portage lakes, in the counties of Livingston and Washtenaw, in the State of Michigan, at certain seasons of the year." The People of the State of Michigan enact: SECTION 1. That act number two hundred eighty-six of the Act repealed. public acts of eighteen hundred ninety-seven, entitled "An act to permit the spearing of white fish and herring in Portage and Little Portage lakes, in the counties of Livingston and Washtenaw, in the State of Michigan, at certain seasons of the year," be and the same is hereby repealed. This act is ordered to take immediate effect. [No. 47.] AN ACT to amend section thirty-eight of act number two hundred five of the public acts of eighteen hundred eightyseven, entitled "An act to revise the laws authorizing the business of banking, and to establish a banking department for the supervision of such business," approved June twentyfirst, eighteen hundred eighty-seven, the same being compiler's section three thousand two hundred eight d seven of volume three of Howell's Annotated Statutes, and section six thousand one hundred twenty-seven of the Compiled Laws of Michigan of eighteen hundred ninety-seven. The People of the State of Michigan enact: amended. SECTION 1. That section thirty-eight of act number two Section hundred five of the public acts of eighteen hundred eightyseven, entitled "An act to revise the laws authorizing the business of banking, and to establish a banking department for the supervision of such business," the same being compiler's section three thousand two hundred eight d seven of volume three of Howell's Annotated Statutes, and section six thousand one hundred twenty-seven of the Compiled Laws of Michigan of eighteen hundred ninety-seven, be and the same is hereby amended to read as follows: SEC. 38. Every bank existing or hereafter incorporated un- Banks subject der the laws of this State shall be subject to the inspection and to inspection. |