not to exceed fifty dollars or be imprisoned in the county jail not to exceed ninety days or both such fine and imprisonment in the discretion of the court, and the office of such drain commissioner shall be deemed vacant, and the drain commissioner so convicted shall be incapable of again holding the office of county drain commissioner. Such applicants Liability of applicants for shall be jointly and severally liable for all costs and ex- costs. penses in case the county drain commissioner upon examination or upon examination and survey shall determine that the same is unnecessary or impracticable or in case the proceedings shall be dismissed for other cause. If the per- Suit for costs. sons signing such application shall refuse to pay such costs. and expenses the county drain commissioner shall bring suit in a court of competent jurisdiction, and collect such costs and expenses with costs of suits. If, upon the presenta- Additional tion of such application, the county drain commissioner signatures. shall deem the financial responsibility of the applicants insufficient, he shall have the right to return such application for additional signatures. CHAPTER VIII. out. SECTION 1. Whenever a drain, or any portion thereof, Application needs cleaning out, one-third of all owners of land traversed for cleaning by such drain may make application in writing to the county drain commissioner by whom it was constructed or to his successors in office, setting forth its necessity, and the county drain commissioner shall, as soon as practicable thereafter, Commissioner go upon the line thereof and carefully examine such drain, to examine. and if, in his judgment, the request of the applicants should be granted, he shall fix the per cent of the cost of cleaning out, that the owner or owners of the lands benefited thereby shall be assessed therefor: Provided, That such assessment Proviso. shall be made according to benefits and shall be subject to assessment. appeal the same as in the first instance, except that in all cases under this section where drains are only cleaned out, the cost thereof may, in the discretion of the drain commissioner, be assessed upon the same per cent fixed for the construction thereof: And Provided further, That whenever any Further drain shall need straightening, deepening or widening, the proviso, deepsame proceedings shall be had throughout in every respect as are provided in this act for the locating and constructing of a drain in the first instance. Drains may be cleaned out, deepened, widened, or straightened and for any or all such improvements only one application and proceeding will be necessary. It shall not be necessary for the applicants in Description. such proceedings to further describe the drain or drains involved, than by referring to the recorded name or names thereof, but a reference to a drain, describing it by its com ening, etc. Proceedings for water course. Proviso, river. mencement, terminus and general direction shall be suf- This act is ordered to take immediate effect. Section amended. Granting of teachers' certificates without [No. 112.] AN ACT to amend section one of act number one hundred thirty-six of the public acts of eighteen hundred ninetythree, entitled "An act to authorize the State Board of Education to grant teachers' certificates in certain cases," being section four thousand eight hundred five of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section one of act number one hundred thirtysix of the public acts of eighteen hundred ninety-three, entitled "An act to authorize the State Board of Education to grant teachers' certificates in certain cases," being section four thousand eight hundred five of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows: SEC. 1. The State Board of Education is hereby empowered to grant teachers' certificates without examination to examination. any person who has received a bachelor's, master's or doctor's degree from any college in this State having a course of study actually taught in such college of not less than four years in addition to the preparatory work necessary for admission to the University of Michigan, and in addition to or as a part of such work a course in the science, and art of teaching of at least one college year of five and a half hours per week, and in connection with this special course each student shall have had opportunity for observation of the actual work done in the grades of and high schools of the public schools. The special course of study herein prescribed shall have been approved by the State Board of Education before any graduate of such institution shall receive a teach Special courses, etc., approval of. cates. ers' certificate, and before any certificate shall be issued to any person the faculty of such college shall give to the State Board of Education its recommendation for each student, stating that in the judgment of the faculty the applicant is entitled to receive such certificate and that the applicant has taken the prescribed course in the science and art of teaching and observation of public school work. Each person making application to the State Board of Education for a teachers' certificate under the provisions of this act shall be thoroughly examined by the faculty of the college and shall be entitled to a diploma from such college. The character of the examination shall be such as to show the qualification and fitness of the person for teaching. If the person making Life certifiapplication for such certificate shall furnish to the said State Board of Education satisfactory proof of having taught successfully for three years prior to graduation from said college, said certificate shall be a life certificate, but if such proof is not furnished said board, then the certificate granted shall be for four years only and a life certificate may at any Limited term time thereafter be issued by said board upon the filing with certificate. the said board of satisfactory proof that the applicant has taught successfully for three years. Such certificate shall Authority of entitle the holder to teach in any of the public schools of certificate. this State without examination, provided a copy of said certificate shall have been filed or recorded in the office of the legal examining officer or officers of the county or city in which such person is to teach, and such certificate shall be revoked only by the State Board of Education and by said board only for cause after a personal hearing of the case. Approved May 28, 1907. [No. 113.] AN ACT to prohibit the spearing or taking of fish by any device whatsoever, except with hook and line, in Cedar river in Ingham county, in Grand river in the counties of Ingham and Eaton, and in the waters of Spring brook in the county of Eaton, and in the waters of or inlet or outlet of Pine lake, Ingham county, and to provide a penalty for violations thereof. The People of the State of Michigan enact: SECTION 1. It shall hereafter not be lawful for any per- Unlawful to son to take with spear, or any device whatsoever, except with hook and fish except line. Proviso, minnows. Unlawful to use set lines through ice. Penalty. with hook and line, at any season of the year, any kind of fish from the waters of Cedar river in Ingham county, the waters of Grand river in the counties of Ingham and Eaton, or from the waters of Spring brook in the county of Eaton, or from the waters of or inlet or outlet of Pine lake, Ingham county, Michigan: Provided, That this act shall not be construed to prohibit the taking with minnow nets of minnows for bait, or the landing with landing nets of fish caught with hook and line. SEC. 2. No person shall hereafter take fish through the ice on said Pine lake with any kind of set line, and no person shall at any time be entitled to use more than one line at any season of the year to take fish from said lake. SEC. 3. Any person violating the provisions of this act shall be punished by a fine of not less than five dollars, nor more than twenty-five dollars, and in default of payment thereof, shall be confined in the county jail for a period of not less than ten nor more than thirty days. This act is ordered to take immediate effect. Regulations nets, etc. [No. 114.] AN ACT to provide open channels by regulating the setting of nets for fishing in Saginaw bay and Tawas bay. The People of the State of Michigan enact: SECTION 1. No person shall drive any stakes for fishing for placing of purposes nor set, place or extend any pound, trap, stake, or set net of any kind, or any other device for the purpose of taking or catching fish in the waters of the Saginaw bay and Tawas bay, south and west of a line drawn from Tawas Point lighthouse in Iosco county, Michigan, to the Port Austin lighthouse in Huron county, Michigan, excepting as hereinafter provided. Location of nets. SEC. 2. Nets may be set for a distance not to exceed one and three-quarter miles out from the shores of the main land of said Saginaw bay and Tawas bay and from the shores of any island situated therein, and in all cases within the meaning of this act shores shall be deemed to extend out to where the water attains a depth of four feet, and the easterly shore of said waters between Fish Point in Tuscola county and Sand Point in Huron county shall be deemed to extend to a line drawn from Fish Point to the extreme westerly point of Little DeFoe island; thence to the extreme westerly point of Stony island; thence to the extreme westerly point of North island, and thence to Sand Point, excepting that nets may be set in Sebewaing bay under the restrictions provided in this act south of the southerly line of Wild Fowl bay as determined by act one hundred twenty-four of the public acts of nineteen hundred three. SEC. 3. Nets may be set from the westerly side of the Idem. reef, shoal or bar commonly known among Saginaw bay fishermen as Coryeon reef, commencing on the westerly side of said reef, shoal or bar where the water attains a depth of not less than eleven feet and not more than fourteen feet and extending westerly not to exceed one and three-quarter miles, but no net shall be set less than four miles from the easterly line of said Saginaw bay, as established in section two of this act, and from Sand Point northeasterly, the purpose being to leave an open channel of at least two and one-quarter miles in width for the free and unobstructed passage of fish: Provided, No nets shall be set on or from Proviso. said reef south of a line drawn from said Fish Point in Tuscola county to a point where the section line between sections twelve and thirteen, in township sixteen, north of range four east, would intersect the Saginaw bay if extended. Coryeon reef is further described as that reef, shoal or bar commencing at Coryeon Point in Bay county, Michigan, and extending to Little Charity island. SEC. 4. Nets may be set out from reefs or shoals northerly Idem. and easterly of Charity island a distance not to exceed one and three-quarter miles commencing in water between eleven and fourteen feet in depth. SEC. 5. Nets may be set from reefs and shoals westerly Idem. of Charity island not to exceed one and three-quarter miles commencing in waters not to exceed twelve feet in depth. SEC. 6. Nets may be set for a distance not to exceed one Idem. and three-quarter miles from reefs or shoals lying between Oak Point and Port Austin lighthouse in Huron county, commencing in water between eleven feet and fourteen feet in depth. SEC. 7. Nets may be set for a distance not to exceed Idem. one and three-quarter miles out from the reefs or bars commonly known as Saganing bar, Rifle River bar, and the Pinconning bar commencing in a depth of water of from eleven to fourteen feet. SEC. 8. Nets may be set for a distance of not to exceed Idem. two hundred and forty rods north of east from the reef or bar commonly known as Point Lookout bar commencing in water between twelve and fourteen feet in depth. SEC. 9. This act shall not be construed to deprive any Act how construed. |