To be same as Proviso. Term of enlistment. Brigadier general, ap. pointment, etc. field officers, how filled. shall be under such rules and regulations as may be prescribed for the service of the State Military Board. SEC. 10. Each regiment of infantry shall consist of the same number of battalions and companies, of officers, non-commissioned officers and musicians as shall be prescribed from time to time for like organizations in the United States army, as near as may be, subject to the rules and regulations prescribed by the State Military Board. The formation, composition and size of each company and regimental band shall conform to the requirements of like organizations in infantry regiments of the United States army as near as may be, subject to the rules and regulations adopted by the State Military Board: Provided, That the Commander-in-Chief may, in lieu of a regimental band, employ a band for service with the regiment or independent battalion while on duty in camp or field, such band and every member thereof when so employed to be amenable to established military laws and regulations. The term of enlistment in the Michigan National Guard shall be for three years, and all line and field officers, except when to fill a vacancy, shall be commissioned for a term of three years, and until their successors shall be commissioned. SEC. 11. Upon the expiration of the commission of the brigadier general commanding when this law shall take effect, the Commander-in-Chief shall appoint and commission his successor for a term of three years from among the active officers above the rank of captain of the Michigan National Guard; and thereafter every three years a brigadier general shall be Vacancies in appointed and commissioned in like manner. All vacancies in the field officers of a regiment shall be filled at an election, the time and place of holding which shall be fixed by the adjutant general. Said election shall be by ballot and all field officers so chosen must receive a majority of all the votes cast. All commissioned officers attached to companies belonging to such regiment, together with the majors commanding battalions and the colonel and lieutenant colonel, shall be entitled to vote. Ten days' notice of the time and place of holding such election shall be given each officer entitled to a vote therein. Only captains of companies in the battalion where a vacancy in the position of major has occurred shall be eligible to election as major of such battalion; and no active officer below the rank of major shall be eligible for election to Brigade staff, the position of colonel or lieutenant colonel. The brigade staff shall consist of one chief surgeon with the rank of lieutenånt colonel, one assistant adjutant general. one assistant quartermaster general, one assistant inspector general, and one commissary of subsistence, and one inspector of small arms practice, who shall act as ordnance officer, each with the rank of major, and two personal aides with the rank of first lieutenant, to be appointed by the Commander-in-Chief on the recommendation of the brigade commander. No person shall be appointed or commissioned as a staff officer of any brigade or regiment in the Michigan National Guard (except as medical how consti tuted. mander in constituted. officer or chaplain), who has not previously served two years or more in the National Guard or in the regular or volunteer service of the United States army as a commissioned officer, or enlisted man, or both. Commissioned officers shall take rank according to the dates of their commissions. The day of the appointment or election of any officer shall be expressed in his commission and be considered as the date thereof. The Staff of comstaff of the Commander-in-Chief shall consist of the adjutant chief, how general, the inspector general, the quartermaster general, the assistant adjutant general, the assistant inspector general, the assistant quartermaster general, four aides-de-camp, the judge advocate, and the military secretary. The adjutant general, the inspector general, and the quartermaster general shall have the rank of brigadier general, and their respective assistants and four aides-de-camp shall have the rank of colonel; the judge advocate and the military secretary shall have the rank of major. The Commander-in-Chief may, upon the recommendation of the State Military Board, appoint an additional assistant quartermaster general, assistant adjutant general and assistant inspector general, who shall have the rank of major, and who shall be members of the Commander-in-Chief's staff. of officers. give bonds. SEC. 16. The pay and allowance to officers in time of actual Compensation service shall be the same as the pay and allowances of officers of the same grade in like service in the army of the United States. Company commanders, adjutants, quartermasters and Certain to commissary officers shall give bonds in such sum and with such surety or sureties as shall be required by the Military Board, for the care, accounting and safe keeping of all arms, equipments and property of the State which may at any time be under their charge and control, and to account for the same, which bonds shall be approved by the State Military Board. Upon the giving of such bonds, and their approval as afore- Compensation said, commanding officers of companies of the Michigan commanders. National Guard shall be entitled to pay at the rate of one hundred dollars per annum, payable yearly by the quartermaster general. The adjutant of each brigade shall be entitled Adjutants. to pay at the rate of one hundred fifty dollars per annum, the adjutants of regiments and independent battalion one hundred dollars per annum, the quartermaster of brigade and regiments and independent battalion one hundred dollars per annum, payable yearly by the quartermaster general. of company mander-in SEC. 20. The Commander-in-Chief, by and with the advice Duty of comof the State Military Board, is hereby authorized and em- chief relative powered to make application to the Secretary of War for all to camps, etc. or such portions of the troops as he may deem advisable to take part in army maneuvers, or for regular troops to take part in encampment within the State, as provided for by Congress. The Commander-in-Chief, by and with the advice of the State Military Board, is hereby authorized and empowered to establish annually one or more camps in suitable places Compensation for duty at encampment. commissioned officers, etc. for the instruction of the Michigan National Guard, and shall procure suitable tents, camp equipage, utensils and ammunition for the accommodation and use of troops in said camps, and may order into said camp or camps, to be kept therein for such period of time as he may deem expedient, not exceeding ten days, any company or regiment, and may designate the officer to command such camp or camps. SEC. 25. All officers, 'non-commissioned officers, musicians, members of bands and privates, shall receive for each day actually spent by them on duty in the annual encampment authorized by this act, or on any duty under orders of the Commander-in-Chief, and for the time necessarily spent by them in traveling from their homes to the place of rendezvous, and in returning to their homes, the following compensation, Privates, non- together with the necessary transportation, to-wit: To each private, non-commissioned officer and musician not less than one dollar and twenty-five cents per day and subsistence, the cost of same not to exceed seventy-five cents per day and the difference between the cost of the rations and seventy-five cents to be paid the said non-commissioned officers, privates and musicians in money at the time of payment for camp Commissioned services. To all commissioned officers of the line to the field, staff and other commissioned officers the pay as fixed by the United States army regulations of officers of the army of the same rank in the service of the United States: Provided, That in case of all officers who under this act or the regulations of the State Military Board are paid an annual salary of more than one hundred dollars, this pay shall be in lieu of such annual salary during the time for which it is paid: And provided further, That any officer, musician or soldier guilty of intoxication or drunkenness at any annual encampment, or on the way to and from such encampment, shall forfeit all pay for that entire tour of camp duty, 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. officers. Proviso. Further proviso. This act is ordered to take immediate effect. Unlawful to take except [No. 252.] AN ACT to provide for the protection of fish in Brevoort The People of the State of Michigan enact: SECTION 1. It shall be unlawful to take, catch, kill or dewith hook and stroy fish with seines or any species of continuous net, or with any form of spear or trap or in any manner whatsoever, ex line. cept with hook and line in the waters of said Brevoort Lake, Mackinac County, Michigan, and it shall be unlawful to employ the use of fishing shanties or tents of any kind whatsoever for fishing through the ice on said lake. violation. SEC. 2. Any person violating any of the provisions of sec- Penalty for tion one 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 not to exceed one hundred dollars or imprisonment in the county jail for a period not exceeding ninety days or by both such fine and imprisonment in the discretion of the court. This act is ordered to take immediate effect. [No. 253.] AN ACT to provide a tax to meet the several appropriations for which a tax is not otherwise provided for the general expenses of the State government, salaries of the State officers, judicial and other, expenses of the State departments and expenses of the legislature for the years nineteen hundred three and nineteen hundred four. The People of the State of Michigan enact: be raised. SECTION 1. There shall be levied upon the aggregate of tax- Amount of to able real and personal property of the State in the year nineteen hundred three the sum of eight hundred thousand dollars; and for the year nineteen hundred four the sum of five hundred thousand dollars, to be raised by tax to meet the several appropriations made by law wherein no tax is otherwise provided. tions, how SEC. 2. The several sums appropriated by the provisions of Appropriaany act to meet which this act provides a tax shall so far as paid. moneys are required to be paid to the board or officers of any institution or commission, be paid out of the general fund in the State treasury to the proper board or officer at such times and in such amounts as the general accounting laws of the State prescribe and the disbursing officer of such board or commission shall render his accounts to the Auditor General thereunder. SEC. 3. The Auditor General shall apportion each year the Tax, how amounts herein directed to be raised among the several coun- apportioned. ties in this State as provided by law for the apportionment of State taxes. This act is ordered to take immediate effect. Approved June 18, 1903. Section amended. Public holldays designated. [No. 254.] AN ACT to amend section one of an act, entitled "An act to designate the holidays to be observed in the acceptance and payment of bills of exchange and promissory notes, in the holding of courts and relative to the continuance of suits," approved March eighth, eighteen hundred sixty-five, as amended by act number two hundred eight of the Session Laws of eighteen hundred eighty-one; as amended by act number seventy-seven of the Public Acts of eighteen hundred ninety-three; as amended by act number one hundred eighty-five of the Public Acts of eighteen hundred ninetythree, being Section four thousand eight hundred eighty of Miller's Compiled Laws of one thousand eight hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section one of act number one hundred twentyfour of the Session Laws of eighteen hundred sixty-five, entitled "An act to designate the holidays to be observed in the acceptance and payment of bills of exchange and promissory notes, in the holding of courts and relative to the continuance of suits," approved March eighth, eighteen hundred sixty-five, as amended by act number two hundred eight of the Session Laws of eighteen hundred eighty-one, and as amended by act number seventy-seven of the Public Acts of eighteen hundred ninety-three, as amended by act number one hundred eighty-five, of the Public Acts of eighteen hundred ninety-three, being section four thousand eight hundred eighty of Miller's Compiled Laws of one thousand eight hundred ninety-seven, is hereby amended so as to read as follows: SEC. 1. The following days, viz.: The first day of January, commonly called New Year's Day; the twenty-second day of February, commonly called Washington's Birthday; the thirtieth day of May, commonly called Decoration Day; the fourth day of July; the first Monday of September, commonly called Labor Day; the twenty-fifth day of December, commonly called Christmas Day; every Saturday from twelve o'clock noon until twelve o'clock at night, which is hereby designated a half holiday; election days, embracing national, state, county and city elections; and any day appointed or recommended by the Governor of this State, or the President of the United States as a day of fasting and prayer or thanksgiving, shall, for all purposes whatever as regards the presenting for payment or acceptance, and of the protesting and giving notice of the dishonor of bills of exchange, bank checks and promissory notes, made after this act shall take effect, also for the holding of courts, except as hereinafter provided, be treated and considered as the first day of the week, commonly called Sunday, and as public holidays or half holidays; and all such bills, checks and notes otherwise presentable for acceptance or payment on any of the said days shall be deemed to be pay |