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[No. 87.]

AN ACT to provide for the furnishing to Policy Holders
Copies of the application for Insurance in Life, Coöperative,
Mutual Benefit and Fraternal Beneficiary Companies or As-
sociations.

The People of the State of Michigan enact:

insurance to be

SECTION 1. That all life insurance companies, coöperative in- Application of surance companies, mutual benefit and fraternal beneficiary at ached to cerassociations doing business in the State of Michigan, shall, tain policies. when requested by the insured, attach to every policy when issued in this State, an accurate copy of the application for such insurance, including the medical examination, family history of the applicant and all representations of any kind made by the applicant upon which the contract for insurance is based. If such copy of application shall not be requested by the insured at the time policy is issued, it shall be furnished by the corporation insuring at any time thereafter upon request of the insured, in his life time or of his representatives or beneficiaries after his death.

missioner of

SEC. 2. If any life insurance company, coöperative insur- Duty of comance company, mutual benefit or fraternal beneficiary associa- insurance. tion shall fail to comply with the provisions of section one of this act, it shall be the duty of the Commissioner of Insurance of this State, upon a hearing before him after proper notice given to such company, to revoke the license or suspend the right of such company to do business within this State for such time, not less than three months nor exceeding one year, as to the commissioner shall seem just and proper. This act is ordered to take immediate effect. Approved May 26, 1899.

[No. 88.]

AN ACT to amend sections one and two, and to add sections six and seven, of act number one hundred fifty-one of the public acts of eighteen hundred ninety-seven, entitled "An act to regulate the catching of fish in the waters of this State, by the use of pound or trap nets, gill nets, seines or other apparatus."

The People of the State of Michigan enact:

amended.

SECTION 1. That sections one and two of act number one Sections hundred fifty-one of the public acts of eighteen hundred ninetyseven, entitled "An act to regulate the catching of fish in the

Unlawful to use certain kind of nets, etc.

waters of this State, by the use of pound or trap nets, gill nets, seines or other apparatus," be and the same are hereby amended to read as follows: Also sections six and seven added.

SECTION 1. The People of the State of Michigan enact, That there shall not be used in the waters of this State any pound or trap net, gill net, seine or any fixed, set or movable net of whatever name or description, except the net known as the hoopfyke net, the meshes of which are less than permitted by Size of meshes. this act, which are as follows: The meshes of the parts of pound or trap nets, commonly called the lead or funnel and the heart, shall not be less than five inches in extension measure, as manufactured, and the meshes of said nets, commonly called the pot, crib or pocket, being that part into which the fish are finally captured, shall not be less than three and one-half inches in extension measure as manufactured, and in lifting or raising the pot of a pound net no apron or other device shall be inserted or used to prevent the small fishes from escaping through the meshes of the pot or crib, so called: Provided, That wherever and whenever it can be shown that the catch of fish during the year does not contain to exceed ten per cent of whitefish or trout, pound nets with pots, cribs or pockets of not less than two and one-half inches extension measure, heart and funnels outside of crib four inches extension measure, as manufactured, may be used for taking perch, herring, pickerel and other rough fish, in the waters of this State, in any vicinity where it will not interfere with or catch immature whitefish or lake trout. The meshes of every gill net used in the waters of this State shall be at least four and onequarter inch extension measure: Provided further, That gill nets with a mesh of not less than two and three-quarters inches extension measure may be used for taking perch, herring, black fins, long jaws or any fish except whitefish, lake trout and black bass.

Proviso.

Further proviso.

Unlawful to

market certain

tain weight.

SEC. 2. It shall be unlawful to market or have in posfish under cer- session any sturgeon or rock sturgeon weighing less than fifteen pounds, any whitefish weighing less than two pounds, any lake trout weighing less than one and one-half pounds, any wall-eyed pike or pickerel weighing less than one pound, or any catfish weighing less than one pound, or any perch weighing less than four ounces, each in the round: Provided, That it shall be lawful to transport and sell any of said described kinds of fish legally caught during any season of the year.

Rights of

United States fish commission.

Proviso.

SEC. 6. It shall be lawful for the United States Fish Commission, through its representatives or employes, to fish with nets in any of the waters of this State, during any season of the year, for the purpose of gathering spawn from such fish caught, to have and to hold both rine and unripe fish, and to have the privilege of selling such fish after stripping, to help defray the expenses incurred in the work of propagation: Provided, That such fishing by said Fish Commission shall be under the supervision and control of the State Game and Fish

Warden, and: Provided, further, That at least seventy-five per cent of the fry resulting from the spawn so taken shall be planted in the waters of this State, the same to be determined by reports to the State Game and Fish Warden.

SEC. 7. All acts and parts of acts inconsistent with this Acts repealed. act are hereby repealed, in so far as they conflict herewith: Provided, That nothing in this act shall be construed to pre- Proviso. vent the use of nets now in use and purchased as provided for

in section one, act number one hundred thirty-nine of the pub-
lic acts of eighteen hundred eighty-nine.

This act is ordered to take immediate effect.
Approved May 26, 1899.

[No. 89.]

AN ACT making appropriations for the Industrial School for Boys for the six months ending June thirty, eighteen hundred ninety-nine, and the fiscal years ending June thirty, nineteen hundred, and June thirty, nineteen hundred and

one.

The People of the State of Michigan enact:

amount of.

SECTION 1. There is hereby appropriated for the current ex- Appropriation penses of the Industrial School for Boys for the six months ending June thirty, eighteen hundred ninety-nine, the sum of thirty thousand dollars; for the fiscal year ending June thirty, nineteen hundred, the sum of sixty thousand dollars, and for the fiscal year ending June thirty, nineteen hundred and one, the sum of sixty thousand dollars.

SEC. 2. The further sum of nine thousand seven hundred Further fifty dollars is hereby appropriated for the fiscal year ending appropriation. June thirty, nineteen hundred, by amounts and purposes as

follows: Two thousand two hundred fifty dollars for the de- Purposes. partment of technology; one thousand dollars for painting and papering; five hundred dollars for sidewalks and fences; five hundred dollars for printing press; four thousand five hundred dollars for building for storeroom and cold storage; wiring for electricity one thousand dollars. The further sum of two thou- Further sand five hundred dollars is hereby appropriated for the fiscal appropriation. year ending June thirty, nineteen hundred and one, by amounts and purposes as follows: Fifteen hundred dollars for Purposes. the department of technology; five hundred dollars for painting and papering, and five hundred dollars for sidewalks and fences.

drawn.

SEC. 3. The several sums appropriated by the provisions Money, how of this act shall be paid out of the general fund in the State treasury to the treasurer of the Industrial School for Boys at

To incorporate in State tax.

such times and in such amounts as the general accounting laws of the State prescribe, and the disbursing officer shall render his accounts to the Auditor General thereunder.

SEC. 4. The Auditor General shall incorporate with the State tax for the year eighteen hundred ninety-nine, the sum of eighty-four thousand five hundred dollars; for the year nineteen hundred the sum of sixty-two thousand seven hundred fifty dollars, and for the year nineteen hundred and one the sum of fifteen thousand dollars, which, when collected, shall be credited to the general fund to reimburse the same for the moneys hereby appropriated.

This act is ordered to take immediate effect.
Approved June 1, 1899.

Additional

judge.

When elected.

Office, when vacant.

[No. 90.]

AN ACT to provide one additional Judge in the Judicial Circuit in which the County of St. Clair is or may be situate being now the thirty-first Judicial circuit.

The People of the State of Michigan enact:

SECTION 1. That there shall be one additional circuit judge in the judicial circuit in which the county of St. Clair is or may be situate, the same now being the thirty-first judicial circuit.

SEC. 2. It shall be unlawful during such period for any day succeeding the first Monday of November nineteen hundred an additional circuit judge shall be elected for the thirtyTerm of office. first judicial circuit, who shall hold office from January first, nineteen hundred one until December thirty-first nineteen hundred six or until his successor is elected and qualified. The additional office of circuit judge created by this act shall be deemed vacant from and after the day when this act shall take effect and such vacancy shall be filled by appointment by the Governor. The judge so appointed shall qualify and enter upon the discharge of his duties within ten days after his appointment and the term of his appointment shall end December thirty-first, nineteen hundred, or as soon thereafter as his successor is elected and qualified.

How filled.

When judge to

qualify and en

ter upon duties.

Term of appointment.

Laws to apply.

Powers of judges, how to be.

SEC. 3. All the laws and rules of court relative to circuit courts and the terms thereof and the powers and duties of circuit judges shall apply to such judge and the court held by him.

SEC. 4. The two judges of said circuit shall have equal and co-ordinate powers and duties except as otherwise herein provided, and one of them shall constitute a quorum for the transaction of business. The judge holding office at the time

when the judge appointed to fill the vacancy declared by this act, enters upon the duties of his office, shall assign and apportion from time to time by order on the journal of the court in general terms, the business of said court between them for the balance of the year. The other judge shall assign and apportion the business of the court between them for the next year and thereafter the two judges and their successors shall alternate in assigning and apportioning the business of the court. They may sit separate or together in the hearing or trial of causes or on all questions coming before them and either may reserve for the consideration of both any question of law arising upon the trial or hearing or that may otherwise be submitted.

When sitting together the findings, orders, rulings, decisions, judgments or decrees shall be made by the judge to whom the cause was assigned, and the other shall be advisory only.

business.

SEC. 5. Each judge shall proceed to hear, try and dispose Judges to hear of the business so assigned to him, with the same force and and dispose of effect as if he was the only judge of said court, subject to and with the power and authority conferred by all the rules of practice and of law applicable to circuit courts having only one judge, and thereupon said judge may proceed with the trial or hearing or other business so assigned to him in the principal court room or in a separate court room, attended by the clerk or one of his deputies and by the sheriff or one or more of his deputies, by a stenographer and by jurymen not engaged in the trial of other causes if it be a cause to be tried by jury, and such judge while so sitting for the transaction of business shall have all the powers of any circuit judge sitting in any circuit court in this State and the proceedings shall be recorded as proceedings of the circuit court had in open court and at a session of said circuit court. If a sufficient number of jurors shall not be in attendance upon the court and who are not engaged in the trial of other causes, said judge may direct talesmen to be summoned in the manner provided by May summons law. The said judges may make rules from time to time in talesmen, make relation to the making up of the trial docket and as to the disposition of the business of the court not inconsistent with the general laws of the State.

rules, etc.

illness, etc.

SEC. 6. In case of the absence, illness or inability from Duty in case of other cause of either judge to do any business assigned to him, the same shall be done by the other except as otherwise provided.

ceedings,

SEC. 7. A record of the proceedings before the judges Record of proshall be kept in the journal of the court, each entry showing how kept. before what judge the proceedings were had. Each judge shall sign the record of all the proceedings before him and each judge shall sign all orders and decrees made by him.

SEC. 8. All cases made, motions for new trial, bills of ex- Cases, etc., how ceptions and settlement of cases for review in law and chan- and by whom cery shall be heard, settled and certified by the judge before

heard.

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