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Board of supervisors to have control.

Unlawful to destroy rushes, etc., without consent.

Penalty.

Unlawful to

drive ducks

away from person hunting.

Penalty.

board of supervisors of any county in which such trespass occurs, or by either the Auditor General of the State of Michigan or the Commissioner of the State Land Office; and no statute of limitations shall be deemed operative against the State so as to bar any suit or proceeding brought by or on behalf of the State regarding the possession of such swamp or submerged lands.

SEC. 5. The board of supervisors of each county shall have the care and control of that part of said park within its own boundaries and that part lying opposite and immediately adjoining in the Great Lakes. The respective boards of supervisors, in their discretion, may allow the cutting or the destruction of the rushes and submarine vegetation growing in said park in or opposite their respective counties.

SEC. 6. It shall be unlawful for any person to cut or otherwise destroy, or cause the same to be done, any rushes or other submarine vegetation growing on this park without the consent of the board of supervisors of the county to which such portion of said park is immediately adjoining; and any person or persons who shall wilfully cut or destroy the same, or cause the same to be done, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars and costs of prosecution, or by imprisonment in the county jail not exceeding ninety days, or both such fine and imprisonment, at the discretion of the court.

SEC. 7. It shall be unlawful for any person or persons to wilfully scare or drive wild ducks or other wild water fowl, or cause the same to be done, from or away from any person lawfully hunting the same within said park, for the purpose of depriving or attempting to deprive such person of any or all of his opportunities of shooting or hunting such wild duck or other wild water fowl; and every person so offending shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars and costs of prosecution, or by imprisonment in the county jail not exceeding ninety days, or both such fine and imprisonment, at the discretion of the court. Nothing herein contained shall be deemed to detract from the right of passage over said waters, in good faith, or in the ordinary course of navigation.

This act is ordered to take immediate effect.
Approved June 23, 1899.

[No. 172.]

AN ACT to provide for a Commission to negotiate with all Railroad Companies, having special charters, to ascertain and report upon what terms such railroad companies will surrender their respective charters to the State and re-incorporate under the general railroad laws of the State of Michigan.

The People of the State of Michigan enact:

railroads.

SECTION 1. That the following three officials, the Commis- Commission to sioner of Railroads, the State Treasurer, and the Secretary of negotiate with State, be and the same are hereby created, constituted and appointed a commission to negotiate with such railroad companies as are incorporated under special charters to ascer tain upon what terms such railroad companies will surrender their respective charters and re-incorporate under the general railroad laws of the State of Michigan, also to ascertain, as nearly as such commission is able to estimate and determine the same, the amount of damages each and all of such railroad companies will be entitled to in the event of the repeal of such special charters; and that said commission shall, on or before the first day of November, in the year of our Lord To report to eighteen hundred and ninety-nine, make a full report of all its proceedings, by virtue of the authority hereby vested in it, to the Governor, with such matters of information and recommendation in regard to the question of such surrender of said charters and re-incorporation, as such commission may deem important and to the best interests of the State. And the Governor of the State shall submit such report to Governor to the Legislature of nineteen hundred and one, or to a special legislature. session of the present Legislature if he chooses to call one, together with his recommendations thereon.

Governor.

submit report to

commission.

SEC. 2. The commission hereby created shall have authority Powers and to inquire into business affairs of all railroads affected by authority of the provisions of this act, and for the purposes of this act the commission shall have the power to require, by subpoena, the attendance and testimony of witnesses, and the production of all books, papers, contracts and agreements and documents relating to any matter under investigation. Such attendance of witnesses and production of such documentary evidence may be required from any place and at any designated place of hearing, and in case of disobedience of the subpoena the commission, or any party to a proceeding before the commission, may invoke the aid of any court in requiring the attendance and testimony of witnesses and the production of books, papers and documents; and any circuit court of the State of Michigan within the jurisdiction of which such inquiry is carried on may, in contumacy or refusal to obey a subpoena issued to any railroad subject to the provisions of

May require
Attorney
General to
prosecute.

this act, or any other person, issue an order requiring such
railroad or other person to appear before such commission
and to produce such books and papers, if so ordered, and give
evidence touching the matter in interest, and failure to obey
such order of the court may be punished by such court as a
contempt thereof. The claim that any such testimony or evi-
dence may tend to criminate persons giving such evidence
shall not excuse such person from testifying. But such evi-
dence or testimony shall not be used against such person on
the trial of any criminal proceeding. Upon request of the com-
mission it shall be the duty of the Attorney General of the
State of Michigan to institute in a proper court and to prose-
cute all necessary proceedings for the enforcement of the pro-
visions of this act, and for the punishment of all violations
thereof, and the cost and expense of such prosecutions shall
be paid out of the general fund.

This act is ordered to take immediate effect.
Approved June 23, 1899.

Sections amended.

[No. 173.]

AN ACT to amend sections twenty-three and twenty-nine of act number one hundred thirty-five of the public acts of eighteen hundred and eighty-five, entitled "An act to amend, revise and consolidate the Laws Organizing Asylums for the Insane and regulating the care and management thereof, and of the inmates therein, and to repeal act one hundred sixty-four, laws of eighteen hundred and fifty-nine, also act one hundred ninety-four, laws of eighteen hundred and seventy-seven, also act ninety-one, laws of eighteen hundred and seventy-three, and the acts amendatory thereto, also act one hundred seventy-two, laws of eighteen hundred and seventy-three," approved June three, eighteen hundred and eighty-five, being sections nineteen hundred fifteen and nineteen hundred twenty-two of the Compiled Laws of eighteen hundred and ninety-seven.

The People of the State of Michigan enact:

SECTION 1. That sections twenty-three and twenty-nine of act number one hundred thirty-five of the public acts of eighteen hundred and eighty-five, entitled "An act to amend, revise and consolidate the laws organizing asylums for the insane and regulating the care and management thereof, and of the inmates therein, and to repeal act one hundred sixtyfour, laws of eighteen hundred and fifty-nine, also act one hundred ninety-four, laws of eighteen hundred and seventyseven, and also act ninety-one, laws of eighteen hundred and seventy-three, and the acts amendatory thereto, also act

one hundred seventy-two, laws of eighteen hundred and seventy-three," being sections nineteen hundred fifteen and nineteen hundred twenty-two of the compiled laws of eighteen hundred and ninety-seven, be and the same are hereby amended so as to read as follows:

send insane to

bate to notify

insane person

and guardian.

SEC. 23. When a person, not a pauper, becomes insane, and Application to no application be made to admit such person to the asylum asylum. for the insane as a private patient, application may be made in his behalf by any person conversant with the circumstances to the judge of probate of the county where said insane person shall be at the time such application is made, and said judge of probate shall immediately notify such alleged in- Judge of prosane person of such application and of the time and place of hearing to be held thereon, and shall also summon to appear before him at the same time the following persons, if known: The guardian, if such alleged insane person have a guardian, also such relatives as are legally liable for the support of such person; which summons may be served in any county of the State, and shall also notify any person having alleged insane person in charge or custody, and shall also call To call two two legally qualified physicians, and, in his discretion, other physicians. credible witnesses, and also immediately notify the prosecuting attorney of the county and the supervisor of the township, or the supervisor or alderman of the ward in which said insane person resides, if his residence is in said application claimed to be in the said county, of the time and place of such hearing, and upon receiving such notice such officers shall attend said examination and act in behalf of said county, and said judge of probate may appoint a guardian ad litem to May appoint represent such insane person upon said hearing, and said item. judge of probate shall fully investigate the facts in the case and may summon a jury at his discretion. He shall summon To summon a jury whenever requested by such alleged insane person, or request. by any relative legally liable for his support, or by the prosecuting attorney of the county, such jury to consist of six residents of the county and shall be selected and summoned in the same manner as juries are selected and summoned in justices' courts, and either with or without the verdict of the jury, as the case may be, shall determine the question of insanity and also the question of indigence, but this decision. as to indigence shall not be conclusive; and if the judge of probate, after such hearing, shall certify that such person is adjudged to be insane and his estate insufficient to support Person to be himself and his family, or if he has no family, himself, under asylum. the visitation of insanity, or if it shall appear that his estate is sufficient but no person will execute the required bond or perform the required regulations to have such person admitted as a private patient, on his certificate under seal of the probate court of said county, such person shall be admitted into the asylum and supported therein at the expense of the To be supported county to which he belongs until he shall be restored to sound his county.

guardian ad

jury on

admitted to

at expense of

When to be supported at expense of State.

Probate judge to determine liability of relatives.

May order

relatives to pay.

ness of mind, if effected within two years, or until otherwise ordered; or at the expense of the State, if the judge of probate shall find that such insane person has no legal settlement in any county in this State or is unable to find from the evidence where that settlement is. If it shall appear on said hearing to said judge of probate that such insane person is indigent and that he has relatives legally liable for his support, said judge of probate shall also at the said hearing, or at some adjourned day thereof, investigate fully as to the finan cial ability of such relatives of said insane person as are legally liable for his support. If said judge of probate shall be satisfied on such hearing that said insane person is indigent and has relatives legally liable for his support who are able to contribute to the support of such insane person, he may make an order requiring the payment by such relatives of such sum or sums as said probate judge may find they are reasonably able to pay, not exceeding however, in all, the sum of two hundred dollars per year. Said order shall require the payment of such sums to the county treasurer of such county and may require such payment to be made annually, semi-annually or quarterly, as the said judge may direct. Said probate To furnish copy judge shall furnish the said county treasurer of said county a copy of such order and it shall be the duty of the county treasurer to collect the sums therein named, to turn the same into the county treasury so long as such patient is a county charge, and when such patient becomes a State charge, to pay over the moneys so collected by him quarterly to the State Treasurer. If such relatives so ordered to pay shall neglect or refuse so to do, the county treasurer shall notify the superintendents of the poor of said county, and also shall notify the prosecuting attorney of the county of such neglect or refusal and said prosecuting attorney shall proceed by action to be brought in the name of the county to collect such sum. If any Provisions for person so ordered to contribute to the support of such in

of order to county treasurer.

Provision for compelling payment.

vacating or

modifying order.

Probate judge may compel attendance of witnesses.

sane person shall at any time become unable to pay the sum so ordered such person may make application to the judge of probate by petition setting forth the facts; said judge shall hear the evidence thereon; upon the filing of such petition the court shall appoint a day of hearing thereon and notice of such hearing shall be served on the prosecuting attorney of the county and supervisor of the township or ward in which such insane person resides, which said notice shall be served not less than six days before the day of hearing, and if satis fied that such person is no longer able to contribute such sum, may vacate or modify said order. The judge of probate in any proceeding provided therein may request the presence of the prosecuting attorney, and upon receiving such request, it shall be the duty of the prosecuting attorney to appear in behalf of the county and shall also have power to compel the attendance of witnesses and jurors and shall file the certificates of the physicians taken under oath, and other papers

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