therefrom and attach the same to such deer or part thereof offered for shipment, in the presence of the shipping agent, and if he cannot write he shall sign by his mark, which agent shall sign such coupon as a witness and such coupon shall accompany said deer or part thereof to its destination: Pro- Proviso. vided, That any person killing any deer shall immediately after killing same, attach the self sealing metal tag or seal which contains the number of license held by such person, to the head of such deer in a secure and permanent manner and no deer shall be offered for shipment, shipped or receive for shipment by transportation companies unless this metal license tag shall be attached to such deer when presented for shipment and the coupon herein provided for attached in the presence of the shipping agent as required by this section: Provided further, That no person, corporation or transporta- Further tion company shall receive for transportation or have in proviso. possession at the initial billing station, the carcass or dead body of a deer after forty-eight hours immediately following the closing of the time when the killing of deer is authorized by law: Provided further, That it shall be unlawful Further for any transportation company to accept for shipment a doe, fawn or any deer from which the evidence of the sex has been removed. SEC. 10. Any person found hunting any deer protected by Refusal to the laws of this state with any kind of firearms and who shall refuse to show his license herein provided for, to any sheriff, deputy sheriff, constable, game warden, deputy game warden or county game warden on demand or any person who shall sell, loan, give or in any manner transfer said license to another person or attach or allow to be attached the coupon or seal of his license to any deer or part thereof, except such as he may have lawfully killed himself, shall be deemed and held to be guilty of violating the provisions of this section in addition to violating any of the other provisions of this act and may be fined upon conviction as provided in section thirteen of this act. proviso. show license, penalty for. license un SEC. 11. Any person who shall procure a license under the Procuring provisions of this act by false swearing shall be guilty of per- lawfully. jury and any person who shall use any coupon more than once or who shall remove or wilfully destroy any coupon while attached to a deer or part thereof after it has reached its destination shall be deemed to have violated the provisions of this act. Any county clerk, deputy county clerk or deputy game and fish warden who shall issue a license under the provisions of this act without receiving the amount of money herein provided for, who shall accept the fee without issuing the license as provided for in this act or who shall refuse or neglect to pay over any money received for the services as herein required, shall be guilty of violating the provisions of this act and shall be personally liable for the amount of money collected for such licenses. Not to sell. Proviso, permit. Penalties. Provisɔ. SEC. 12. Deer killed under the provisions of this act may not be bought or sold: Provided, That deer heads and skins, green or mounted, may be transported or sold either within or without this state under a permit issued by the State Game, Fish and Forest Fire Commissioner. Application for such permit must specify the number of the hunting license under which the deer was killed and such other information as may be required. No person shall have in possession more than thirty days after the close of the deer hunting season any deer or part thereof. SEC. 13. Any person or persons violating any of the provisions of this act shall upon conviction for the first offense be punished by a fine of not less than fifty dollars nor more than one hundred dollars and costs of prosecution or by imprisonment in the county jail not exceeding thirty days or by both such fine and imprisonment, in the discretion of the court, and for the second or any subsequent offense charged as such in the complaint, shall be punished by a fine not more than one hundred twenty-five dollars and costs of prosecution or by imprisonment in the county jail not exceeding one hundred days or by both such fine and imprisonment, in the discretion of the court, and in all cases where a fine and imprisonment are imposed, the sentence shall provide that if the fine and costs are not paid at the time such imprisonment expires, the person serving out such sentence shall be further detained in jail until such fine and costs are paid, for any period stated: Provided, That the whole term of such imprisonment shall not exceed six months. Approved April 28, 1921. Title and section amended. [No. 94.] AN ACT to amend the title and section one of act number one hundred sixty-six of the Public Acts of nineteen hundred nineteen, entitled "An act to permit the spearing of suckers, redsides, mullet, carp and grass pike, from March first to May first, with or without the aid of jack or other artificial light, in the waters of the St. Joseph, White Pigeon and Fawn rivers in St. Joseph county. The People of the State of Michigan enact: SECTION 1. The title and section one of act number one hundred sixty-six of the Public Acts of nineteen hundred nineteen, entitled "An act to permit the spearing of suckers, redsides, mullet, carp and grass pike, from March first to May first, with or without the aid of jack or other artificial light, in the waters of the St. Joseph river in the counties of Branch and St. Joseph, and the waters of the White Pigeon and Fawn rivers in St. Joseph county," are hereby amended to read as follows: TITLE. An Act to permit the spearing of suckers, redsides, mullet and carp from March first to May first, both inclusive, in the waters of the St. Joseph and Prairie rivers in the counties of Branch and St. Joseph, and the waters of the White Pigeon and Fawn rivers in St. Joseph county. spear in cer SEC. 1. Hereafter it shall be lawful to take by means of a Unlawful to spear, with or without the aid of jack or other artificial light, tain rivers. suckers, redsides, mullet and carp, from March first to May first, both inclusive, in each year, in the waters of the St. Joseph and Prairie rivers in the counties of Branch and St. Joseph, and the waters of the White Pigeon and Fawn riversin St. Joseph county. Approved April 28, 1921. [No. 95.] AN ACT providing for the maintenance, expenditure, renewal and regulation of a revolving fund for the construction of drains. The People of the State of Michigan enact: funds, disposal of. SECTION 1. All surplus drain funds now in the hands of Surplus drain the county treasurers of this state to the credit of a particular drain shall be by them paid into a revolving fund to be dis posed of in such manner as is herein provided. SEC. 2. The amounts of money constituting the said "re. How used. volving fund" may be used for the purpose of employing all the necessary assistance for the laying out and surveying of a drain, for the purchase of all necessary supplies and for the payment of all sums owing for the construction of drains: Provided, That no sums shall be paid from this "revolving Proviso. fund" for construction work until the full time allowed taxpayers for appeal under the law shall have elapsed. account. SEC. 3. It shall be the duty of the county treasurers of Revolving the various counties of this state to carry as a separate ac- fund separate count upon the books of their office said "revolving fund" and all accounts and items pertaining thereto. A record shall be kept of the amount of money transferred from any particular drain fund and upon the payment of the taxes assessed for any particular drain, money so received shall be credited to the various drain funds in amounts equal to the sums expended from such particular drain funds. Deposit of. Interest. SEC. 4. The said "revolving fund" shall be deposited in the bank offering the highest rate of interest on daily balances, final determination to be made by the board of supervisors of the particular county. The interest so received shall be paid into the "revolving fund" and then further credited to the particular drains in such ratio as the fund of the particular drain bears to the total sum drawing interest. Approved April 28, 1921. Section amended. Apportionment of cost. [No. 96.] AN ACT to amend section seventeen of act number fiftynine of the Public Acts of nineteen hundred fifteen, entitled "An act to provide for the construction, improvement and maintenance of highways; for the levying, spreading and collecting of taxes and of special assessments therefor; to authorize the borrowing of money and the issuance of bonds under certain restrictions, regulations and limitations; to prescribe the powers and duties of certain officers with reference thereto; and to validate certain proceedings heretofore taken," being section four thousand six hundred eighty-seven of the Compiled Laws of nineteen hundred fifteen, as amended by act number one hundred seven of the Public Acts of nineteen hundred nineteen. The People of the State of Michigan enact: SECTION 1. Section seventeen of act number fifty-nine of the Public Acts of nineteen hundred fifteen, entitled “An act to provide for the construction, improvement and maintenance of highways; for the levying, spreading and collecting of taxes and of special assessments therefor; to authorize the borrowing of money and the issuance of bonds under certain restrictions, regulations and limitations; to prescribe the powers and duties of certain officers with reference thereto; and to validate certain proceedings heretofore taken," being section four thousand eighty-seven of the Compiled Laws of nineteen hundred fifteen, as amended by act number one hundred seven of the Public Acts of nineteen hundred nineteen, is hereby amended to read as follows: SEC. 17. The county road commissioners or the State Highway Commissioner shall apportion the per cent of the total cost of construction of such improvement, which the county at large shall be liable to pay by reason of the benefit to the public convenience and welfare, and as a means of improving the highway, and shall apportion the per cent of the cost of the construction of such improvement for the same reasons that any township traversed or benefited thereby proviso. shall be liable to pay: Provided, however, That no tax shall Proviso. be apportioned against any county hereunder that is not operating under the county road system: Provided further, Further That in case of the improvement of any road hereunder in a county that is not operating under a county road system, the State Highway Commissioner may assess against any city, the public convenience and welfare of which is benefited by the said improvement, its just proportion of the cost of the same. They shall also apportion the per cent of benefits to accrue to any piece or parcel of land for the reasons aforesaid, by reason of the construction of such improvement over and above the per cent assessed against the county at large, and against the townships at large aforesaid, which per cent of benefits shall be apportioned upon and assessed against the lands benefited, according to benefits received and which apportionments they shall announce at the time and place of hearing objections to, and equalizing the apportionment of benefits. Such assessment of per cent for benefits shall thereupon be subject to review and correction, and may be reviewed in the manner herein provided. All appeals in this Appeals. act provided for shall be from the apportionment of the per cent of benefits. Any state lands benefited by any such improvement shall be liable to assessment in the same manner as are privately owned lands. The amount of any assessment on state land shall be certified by the board of county road commissioners, or by the State Highway Commissioner, as the case may be, to the Auditor General who shall thereupon draw his warrant on the State Treasurer for the amount due. Payment thereof shall be made out of any funds in the state treasury appropriated therefor. The Auditor General shall Amount incorporate in the state tax for the year nineteen hundred appropriated. twenty-one, a sufficient amount, as estimated by him, to reimburse the general fund for all claims arising under the foregoing provision during the fiscal years ending June thirty, nineteen hundred twenty, nineteen hundred twenty-one, and nineteen hundred twenty-two, respectively, and shall each year thereafter incorporate in the state tax a sufficient sum, as estimated by him, to reimburse the general fund for all claims arising under such provision for the then current fiscal year; and all such taxes when collected shall be credited to the general fund by way of reimbursement as above provided. In any case where such assessment is imposed by the board of county road commissioners, the state shall have the same right of appeal as is herein given to owners of other lands. The county road commissioners or the State Highway Commissioner shall designate each assessment district by number, by which number it shall thereafter be known. Approved April 28, 1921. 27 |