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measure, as manufactured, with the lead having meshes of not less than five inches, the funnel and the heart having meshes of not less than four inches, extension measure, as manufactured, may be used for taking whitefish and trout; pound nets with the front, sides and bottom of the pot, crib or pocket, also that part of the funnel inside of the pot, crib or pocket having meshes of not less than two and one-fourth inches, and the back two inches, the funnel inside of the pot, crib or pocket two and one-fourth inches, and such part of the funnel outside of crib or pocket with the heart and lead four inches, as manufactured, may be used for the purpose of taking pickerel, perch, herring and other rough fish where the season's catch of mature whitefish and trout does not exceed ten per cent per annum; and pound nets with meshes of not less than two inches, extension measure, as manufactured, in pots, cribs or pockets, may be used from October first of each year to June fifteenth of the year following for the purpose of taking herring where they do not interfere with or catch immature whitefish or trout. Seines having Seines. wings with meshes of not less than four inches and pocket or bag, the bag of which shall not be more than one-fourth the length of the seine having meshes of not less than two and one-fourth inches extension measure, as used, may be used for the purpose of taking pickerel, wall-eyed pike, perch, herring, chubs and other rough fish wherever they will not interfere with or take whitefish or trout not to exceed ten per cent per annum: Provided, That seines shall not be used Proviso. in any of the connecting waters of the Great Lakes for any purpose except for fish culture when used by the State Game, Fish and Forestry Warden or his representatives. fyke nets and gobbler nets shall for the purpose of this act be considered pound or trap nets, and when used be so set or staked as to bring a portion of the heart or pockets to the surface of the water. It shall be unlawful to use in the Submarine waters of any of the said lakes, bays or harbors, submarine trap nets. trap nets; and any pound, trap or hoop fyke net when set below the surface of the water shall for the purpose of this act be deemed a submarine trap net. The measurement of Measurement, the meshes of gill nets as prescribed in this section shall be extension by extension measure from center of knot to center of knot when fully extended as used for the purpose of taking fish. SEC. 5. It shall be unlawful to take from any of the waters whitefish and named in this act any trout from the tenth day of October trout, closed to the first day of November, inclusive, in each year other than provided for by section three of this act. It shall be unlawful to take from any of the waters named in this act, any whitefish from the twentieth day of November until the fifteenth day of December, inclusive, in each year: Provided, Proviso. That the State Game, Fish and Forestry Warden may authorize the taking of trout or whitefish for the purpose of fish culture at any time during the closed seasons herein

Hoop Hoop fyke and gobbler nets.

measure.

season.

Whitefish, legal weight.

Lake trout.

Wall-eyed pike.

Suckers, etc.

Cat fish, bull heads.

Proviso.

Further

proviso, immature fish.

Further proviso, quantity.

Black bass,

to net, etc.

provided, when it shall be determined that such fish are ripe and ready to spawn.

SEC. 8. It shall be unlawful to market or have in posses sion at any time in this State, whether caught within or without this State, any whitefish of a less weight than two pounds in the round or one pound and ten ounces when dressed; and one pound and four ounces when dressed, head off and salted; any lake trout of a less weight than one and one-half pounds in the round or one and one-fourth pounds when dressed; any wall-eyed pike or pickerel of a less weight than one pound; any perch of a less weight than five ounces; any suckers, or mullet of a less weight than one pound; any grass pike of a less weight than one pound; any cat fish of less weight than two pounds; any bull heads of a less weight than eight ounces in the round: Provided, That it shall be lawful to transport and sell any of the above kinds of fish of a legal weight and legally caught during any season of the year: Provided further, That it shall be unlawful for any person or persons engaged in lifting pound nets or seines in the waters of this State, to take from the said waters any immature fish, and all immature fish found in the nets fished in said waters shall be returned to said waters with as little injury as possible by the person or persons lifting the net or nets: Provided further, That it shall not be unlawful for fishermen to have in possession, not to exceed in quantity the percentage allowed in section three of this act, lake trout of a less weight than established by this section which are caught in two and three-fourths inch mesh gill nets, and the same may be shipped under the direction of the State Game, Fish and Forestry Warden. For the purpose of this act immature fish shall be construed to mean fish of a less weight than established by this act.

SEC. 9. It shall be unlawful for any person to take or catch etc., unlawful with any kind of a net in any of the waters mentioned in this act black bass of any kind, any brook trout, rainbow trout, German brown trout, Lock Leven trout, or any other species of brook trout, or to sell or offer for sale or to have in possession at any time any of the said fish taken with nets. Any such fish found in any net shall at once be returned to the waters from which taken with as little harm as possible to said fish.

Inspection before shipment.

SEC. 12. Every person, firm or corporation taking fish for the market in any of the waters mentioned in this act shall bring them to some port or place in Michigan where they may be inspected before shipping them to any market Report of fish, outside the boundaries of this State. Each person, firm or corporation taking fish for the market in any of the waters mentioned in this act shall keep an accurate account of the number of pounds of each kind of fish taken and the number of quarts of spawn taken by them, together with the disposition of such spawn, and shall on or before February first

etc., taken.

of each year report to the State Game, Fish and Forestry
Warden the total number of pounds of each of the kinds
of fish caught during the year ending December thirty-first
preceding the filing of the report.
Approved April 22, 1913.

[No. 98.]

AN ACT providing for the supervision and control by the State Board of Health over waterworks systems and sewage disposal systems, and providing for the appointment, duties, salary and expenses of a State sanitary engineer, and providing penalties and defining liabilities for violations of this act; and to repeal act number twenty-eight of the Public Acts of nineteen hundred nine.

The People of the State of Michigan enact:

etc., power.

SECTION 1. The State Board of Health is hereby given Supervisory, supervisory and visitorial power and control as limited in this act over all corporations both municipal and private, partnerships and individuals engaged in furnishing water to the public for household or drinking purposes, and over the plants and systems owned or operated by such municipal or private corporations, partnerships or individuals. The word "corporation" as hereinafter used in this act shall be "Corporation" taken to mean and include municipal corporations as well as private corporations.

defined.

inspect, etc.

SEC. 2. The State Board of Health, its agents and repre- Authority to sentatives, shall have the power and authority to enter upon, at all reasonable times, the pumping plants, filtering plants, reservoirs, standpipes, cribs and other property of such corporations, partnerships or individuals, for the purpose of inspecting the same and carrying out the authority vested in them by this act.

rules, etc.

SEC. 3. The State Board of Health shall have authority to To make, etc., make and enforce such rules and regulations as it may deem necessary, governing and providing a method of conducting and operating the entire or any part of the systems of waterworks, including the filtration plants, owned or operated by such corporations, partnerships or individuals, and may make and enforce penalties for the non-compliance with such rules and regulations; and said board shall, in addition to the other powers herein vested in it, whenever it shall deem it necessary for the protection of health, have authority to direct such corporations, partnerships or individuals operating waterworks systems to cleanse any portion of such systems as it may deem necessary, and to operate the same in

Contamination of water.

etc., by state board of health.

such manner as to furnish pure and wholesome water, and to enforce such directions by rule or regulations.

SEC. 4. Whenever the mayor of a city, president of a village, supervisor of a township, health officer or representative of the State Board of Health has reason to believe that the water furnished by any corporation, partnership or individual Investigation, is contaminated, then it shall be the duty of the State Board of Health, upon the request of such officer, to investigate the same and to determine by laboratory analysis the condition of said water, and the certificate of the State bacteriologist showing result of such analysis shall be prima facie evidence of the matters stated in such certificate and also as to the source of the water and the time and place of taking, and of all matters that may be stated in said certificate.

Per diem expenses.

Duty of mayors, etc.

Plans, etc.,

SEC. 5. The expenses of the investigation and analysis made by the State Board of Health shall be borne by the locality, and shall be paid for at the rate of five dollars per day and necessary traveling expenses while making such investigation and analysis, and shall constitute a charge against the city, village or township asking for such investigation; the said per diem to be covered into the State treasury to the credit of the State Board of Health laboratory fund in addition to the amount already appropriated.

SEC. 6. It shall be the duty of the mayor of each city, the president of each village and of all private corporations, partnerships or individuals now or hereafter operating waterworks systems in this State, to file with the State Board of Health a true and correct copy of the plans and specifications of the entire system owned or operated by such corporation, partnership or individual, including such filtration or other purification plant as may be operated by them in connection therewith, and also plans and specifications of all alterations, additions or improvements to such systems which may be made from time to time. The plans and speciwhat to show. fications herein referred to shall, in addition to all other things, show all the sources through or from which water is or may be at any time pumped or otherwise permitted or caused to enter into such system. Such plans and specifications shall be certified by the mayor and city engineer of city corporations, by the president and engineer, if one is employed, for village corporations, and by such proper officer and the engineer employed by a private corporation for private corporations, and by some individual member of a partnership, or by the individual owner in case of waterworks owned and operated by partnerships or individuals, includFailure to file, ing the engineer employed, if any. If within sixty days after this act shall take effect or within sixty days after any corporation, partnership or individual shall commence to operate, or within sixty days after any alterations, additions or improvements shall be made by such corporation, partnership or individual, any municipal officer or other person whose

etc.

duty it is to file the same under the provisions of this act,
shall wilfully fail to file a copy of the plans and specifications
as provided herein, or shall knowingly file false or incomplete
copies of such plans and specifications, such officer or person
shall be deemed guilty of a misdemeanor, and shall be sub- Penalty.
ject to a fine of not less than twenty-five dollars and not more
than one hundred dollars or to imprisonment in the county
jail not more than thirty days, or to both such fine and im-
prisonment, and in addition thereto shall be subject to a
penalty of twenty-five dollars for each and every day such
person or officer shall fail or neglect to file such plans and
specifications, which penalty may be collected in any court
of competent jurisdiction on the complaint of any member of
the State Board of Health, and it shall be the duty of the
Attorney General to prosecute such complaint, and any pen-
alties recovered shall be deposited in the general fund of the
State.

specifica

SEC. 7. The words "plans and specifications" as used in "Plans and this act shall be construed to mean a true description or rep- tions," how resentation of the entire systems operated by such corpora- construed. tion, partnership or individual as the same shall be actually in use at the time of filing the same, and also a full and fair statement of how the same is operated: Provided, That any Proviso. corporation, partnership or individual that has already filed with the State Board of Health such plans and specifications as are required by section six of this act, shall not be required. to file such plans and specifications.

beds, annual

report of.

SEC. 8. In case of corporations, partnerships or indi- Cleansing of viduals operating filtration plants in which there are beds or other appliances to be cleansed, it shall be the duty of such corporations, partnerships or individuals to file with the State Board of Health an annual report under oath on or before the first day of January in each year, showing the dates on which and the number of times such beds or appliances were cleansed during the preceding year. Such report shall be sworn to by any municipal officer or person acquainted with the facts and employed by such corporation, partnership or individual at the time of making said report. In the case of a municipal corporation, it shall be the duty of the clerk thereof to prepare and forward such report. Any person making a false statement in such annual report shall be deemed guilty of and subject to the penalty of perjury. SEC. 9. Any corporation other than municipal, any part- Misdemeanor. nership, company or individual, or any officer of any munici pal corporation having the duty imposed upon him by this act, who shall violate any provision of this act where no other penalty is provided therein, shall be guilty of a misdemeanor, and shall be punished therefor as provided by law.

SEC. 10. It shall be the duty of the State Board of Health Inspection of etc., by on receipt of the plans and specifications of such waterworks land. systems to inspect the same with reference to their effect upon

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