[No. 96.] AN ACT to provide for the appointment of a stenographer of the probate court for the County of Wayne, to prescribe his duties and provide for his compensation and to repeal act one hundred thirty-three of the public acts of eighteen hundred eighty-nine. The People of the State of Michigan enact: may appoint SECTION 1. The judge of probate of the county of Wayne Probate judge shall have power to appoint a stenographer for the probate stenographer. court of said county, who shall be deemed an officer of such court and shall hold his office during the term for which the judge of probate appointing him shall have been elected unless sooner removed by said judge of probate. duties of. SEC. 2. It shall be the duty of such stenographer to attend Powers and each session of the court when directed by the judge thereof and to take full stenographic notes of all testimony and proceedings in cases required by said judge, and to perform such other services in connection with the business of the probate court as shall be required by said judge of probate. He shall receive as compensation a salary not to exceed two thousand dollars per annum to be fixed by the board of auditors of said county, which shall be paid out of the treasury of said county. In case either party to a cause shall desire a transcript of his notes, he shall furnish such transcript to the party so ordering it and shall be entitled to receive for the same six cents per folio. Before entering upon the duties of his office, such stenographer shall take and subscribe the official oath prescribed by the constitution, which oath shall be administered by the judge of probate. SEC. 3. Act one hundred thirty-three of the public acts of Act repealed. eighteen hundred eighty-nine is hereby repealed. This act is ordered to take immediate effect. [No. 97.] AN ACT to prohibit the catching, killing or destroying of fish with seines or any species of continuous net, or with any form of spear or trap, or in any manner whatsoever, except with hook and line, in the waters of Crystal Lake, in the township of Crystal, county of Montcalm, Michigan, and providing a penalty therefor. The People of the State of Michigan enact: SECTION 1. Hereafter it shall not be lawful to catch, kill or Use of nets. destroy fish with seines or any species of continuous net, or Penalty for violation. with any form of spear or trap, or in any manner whatsoever, except with hook and line, in the waters of Crystal Lake, in the township of Crystal, county of Montcalm. SEC. 2. Any person violating the provisions of section 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 of 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. Section amended. [No. 98.] AN ACT to amend section one of act number twenty-three of the public acts of eighteen hundred ninety-three, entitled "An act to prohibit the taking, catching or destruction of fish in Raisin River of this State." The People of the State of Michigan enact: SECTION 1. Section one of act number twenty-three of the public acts of eighteen hundred ninety-three, entitled "An act to prohibit the taking, catching or destruction of fish in Raisin River of this state," is hereby amended to read as follows: SEC. 1. It shall not be lawful for any person to take with hook and catch or kill any fish in the Raisin River in this state, with a spear, net, grab hook, or by the use of jacks or artificial light or any kind of firearms or explosive material, set lines or other device, except the hook and line. Unlawful to take except line. This act is ordered to take immediate effect. Approved May 12, 1903. [No. 99.] AN ACT to amend section twenty-five of act number one hundred eighty-three of the public acts of the State of Michigan of eighteen hundred ninety-seven, approved May twentyninth, eighteen hundred ninety-seven, entitled "An act to provide for the appointment and to fix the term of office, duties and compensation of circuit court stenographers in the State of Michigan," the same being section three hundred eighty-seven of the Compiled Laws of Michigan of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section twenty-five of act number one hundred Section eighty-three of the public acts of the State of Michigan of amended. eighteen hundred ninety-seven, approved May twenty-ninth, eighteen hundred ninety-seven, entitled "An act to provide for the appointment and to fix the term of office, duties and compensation of circuit court stenographers in the State of Michigan," the same being section three hundred eighty-seven of the Compiled Laws of the State of Michigan, is hereby amended to read as follows: circuit. SEC. 25. In the twelfth circuit the stenographer shall be paid Twelfth an annual salary of twenty-four hundred dollars. This act is ordered to take immediate effect. [No. 100.] AN ACT to amend section one of chapter eighteen of the Revised Statutes of eighteen hundred forty-six, entitled "Of fences and fence viewers; of pounds and the impounding of cattle," being section two thousand four hundred fifteen of the Compiled Laws of eighteen hundred ninety seven. The People of the State of Michigan enact: amended. SECTION 1. Section one of chapter eighteen of the Revised Section Statutes of eighteen hundred forty-six, entitled "Of fences and fence viewers; of pounds and the impounding of cattle," being section two thousand four hundred fifteen of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows: (2415) SECTION 1. All fences four and one-half feet high What deemed and in good repair, consisting of rails, timber, boards, wire, legal fence. or stone walls or any combination thereof, and all brooks, rivers, ponds, creeks, ditches and hedges, or other things which shall be considered equivalent thereto, in the judg ment of the fence viewers, within whose jurisdiction the same may be, shall be deemed legal and sufficient fences. Approved May 14, 1903. Section amended. Health officer. township. how fixed. [No. 101.] AN ACT to amend section two of chapter thirty-five of the Revised Statutes of eighteen hundred forty-six, relative to the preservation of the public health, quarantine, nuisances, and offensive trades, as amended by act number fiftysix of the public acts of eighteen hundred seventy-seven, and by act number two hundred two of the public acts of eighteen hundred eighty-one, being section forty-four hundred eleven of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section two of chapter thirty-five of the Revised Statutes of eighteen hundred forty-six as amended by act number fifty-six of the public acts of eighteen hundred seventy-seven, and by act number two hundred two of the public acts of eighteen hundred eighty-one, being section forty-four hundred eleven of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows: SEC. 2. Every board of health shall appoint and constantly have a health officer, who shall be a well educated physician, and act as the sanitary adviser and an executive Proviso as to officer of the board: Provided, That in townships where it is not practicable to secure the services of a well educated and suitable physician, the board may appoint the supervisor or Compensation some other person as such health officer. The board of health shall establish his salary or other conmensation, and shall regulate and audit all fees and charges of persons employed by them in the execution of the health laws and of their own regulations, except as hereinafter provided in section fifteen hereof with regard to dangerous communicable diseases. Within thirty days after the annual township meeting in each year, the board of health shall meet for the transaction of business, and shall appoint or re-appoint a health officer, and shall immediately cause to be transmitted to the secretary of the State Board of Health, at Lansing, the full name and postoffice address of such health officer, and a statement whether he is a physician, the supervisor, or some other person not a physician. A special meeting of the board may be called by the order of the president or of any two members of said board. When appointed, etc. Approved May 14, 1903. [No. 102.] AN ACT authorizing and directing the Board of State Auditors WHEREAS, The legislature of eighteen hundred ninety-seven Preamble. passed an act (four hundred twenty-three, local acts of eighteen hundred ninety-seven) appropriating certain State lands for the straightening and deepening of the channel of Maple river in the counties of Clinton and Gratiot, and removing bars and obstructions therein; AND WHEREAS, In reliance upon the provisions of this act, the Governor by and with the advice and consent of the senate appointed one David Duncan as special drain commissioner of the counties of Clinton and Gratiot; AND WHEREAS, The said David Duncan acting in good faith and in reliance upon the provisions of said act four hundred twenty-three of the local acts of eighteen hundred ninety-seven, caused a survey to be made, assessments to be spread and performed other services in and about the straightening and deepening the channel of said river and removing bars and obstructions therefrom, thereby and on account thereof making disbursements of a large sum and incurring a large amount of expense to himself and to those working under his authority; AND WHEREAS, The said act has been declared to be unconstitutional by the Supreme Court of the State by reason of providing for the payment of the expense of an internal improvement out of property other than "grants to the State, of land or other property," and by reason of the unconstitutionality of said act the said David Duncan and his associates and employes have not been reimbursed for their services, disbursements and expenditures; AND WHEREAS, The improvements to Maple river, provided for in said act, and the services of the said David Duncan, and his associates and employes, in carrying out the same have been beneficial to the State and the State has accepted the benefits and advantages thereof; now therefore The People of the State of Michigan enact: claims. SECTION 1. That the said acts and services of the said David who to Duncan, his associates and employes, while acting as aforesaid, investigate and disbursements made and obligations contracted and incurred in reliance upon the provisions of said act four hundred twenty-three of the local acts of eighteen hundred ninetyseven, be and the same are hereby respectively ratified, legalized and confirmed, and the Board of State Auditors is hereby authorized and directed to investigate, examine into, and if in their judgment the claim is a just one, to audit and allow the claims of the said David Duncan and his said associates and employes for just and reasonable compensation and reimburse |