bonds, where filed, etc. Officers to give truant officer shall act in such district or township. The truant officers herein provided for in cities, graded school districts and township unit districts shall give bonds to the board of education in the sum of five hundred dollars, said bonds to be approved by the board of education and filed with said board, and such officers shall have, within their jurisdiction and while in the performance of the duties of truant Compensation, officer, the powers of a deputy sheriff. The compensation of how paid, etc. the county truant officer shall be three dollars per day for every day actually engaged in the discharge of his duties and actual expenses, and all bills for such service shall be certified by the sheriff. In cities, when the board of education appoints a truant officer other than a police officer, said board shall fix the compensation for such truant officer and pay such officer from the incidental fund. The compensation and actual expenses of the county truant officer shall be allowed and paid in the same manner as the compensation of other county officers is allowed and paid by the county; and when the police authorities detail one or more members of the force as truant officers, they shall receive such compensation and actual expenses for such service as the board of aldermen or police commission may determine, and be paid from the same fund as the police authorities are usually paid: Provided, That this act shall not be so construed as to affect any existing appointment. Proviso. Census list, to furnish teacher. Duty of teacher. SEC. 3. (a) It shall be the duty of the school director of etc., director all school districts, except in city, graded and township districts, to provide the teacher, at the commencement of the school, with a copy of the last school census, together with the name and address of the persons in parental relation, also address of the county commissioner of schools. The teacher shall, at the opening of school and at such other times as may be necessary, compare said census list with the enrollment of the school and report to the county commissioner of schools the names of the parents or other persons in parental relation whose children of the ages herein before mentioned are not in regular attendance at school, also the names of parents or other persons in parental relation who have children of school age not included in such census and who do not attend school; Superintend when and by (b) In all city graded and township districts, the secent of schools, retary of the board of education shall, at the commencewhom fur- ment of school, furnish a copy of the last school census to nished census, the superintendent of schools in such city, together with duty. the name and address of the truant officer under whose jurisdiction they act, and it shall be the duty of said superintendent, at the opening of school, to compare said census list with the enrollment of the school or schools and, from time to time, as it may be necessary, report to the proper truant officer the names and addresses of any parents or other persons in parental relation whose children of the ages herein before mentioned are not in regular attendance at the public schools, also names of parents or others in parental relation whose children are not in school and whose names are not included in such census; (c) It shall be the duty of the truant officer of the city Truant offior district, whenever notified by the teacher, superintendent cers, duty of. or other person or persons of violations of this act, and the county truant officer, when notified by the commissioner of schools, to investigate all such cases of truancy or non-attendance at school, and if the children complained of are not exempt from the provisions of this act under the conditions named in section one, then he shall immediately proceed as is provided in section four of this act; (d) In case any parent or other person in parental re- Violation a lation shall fail to comply with the provisions of this act misdemeanor. he shall be deemed guilty of a misdemeanor and shall, on conviction thereof, be fined not less than five dollars nor more than fifty dollars, or imprisoned in the county or city jail for not less than two nor more than ninety days; or both such fine and imprisonment in the discretion of the court. schools, duty SEC. 4. (a) It shall be the duty of the county commis- Co. Com. of sioner of schools to furnish the truant officer of the county, of, as to lists, at the opening of the schools, with a list of the teachers and etc. superintendents employed in his county in school districts other than in such city graded and township districts as are described in section two of this act; officer to send (b) In case any parent or other person in parental rela- When truant tion shall fail to send the child or children under his or notice to her control to the public school, the truant officer, upon parents. having notice from proper authority of such fact, shall immediately, and within twenty-four hours thereafter, give formal written notice, in person or by registered mail, to the parent or other person in parental relation, that the child or children under his or her control shall present himself or themselves at the public school on the day following the receipt of such notice, with the necessary text-books for instruction in the proper school or schools of the district or city. Said notice shall inform the parent or other person What to state. in parental relation of the date that attendance must begin and that such attendance at school must be continuous and consecutive during the remainder of the school year as taught in the district. The truant officer shall, at the same Notice to time the said formal notice is given to the parent or person teacher, etc., in parental relation, notify the teacher or superintendent or commissioner of the fact of notice, and it shall be the duty of the teacher or superintendent or commissioner to notify the truant officer of failure on the part of the parent or other person in parental relation to comply with said notice; duty. (c) It shall be the duty of all truant officers, after hav- Complaint, ing given the formal notice herein before described, to deter- when and by mine whether the parent or other person in parental relation whom sue hear case, etc. has complied with the notice, and in case of failure to so comply he shall immediately, and within three days after having knowledge or being notified thereof, make a complaint against said parent or other person in parental relation having the legal charge and control of such child or children, before a justice of the peace in the city, village or township, or adjoining township, where such party resides, for such refusal or neglect to send such child or children to school; Justice to is- and said justice of the peace shall issue a warrant upon warrant, said complaint and shall proceed to hear and determine the same in the same manner as is provided by statute for other cases under his jurisdiction, and in case of conviction of any parent or other person in parental relation for violation of this act, said parent or other person in parental relation shall be punished according to the provisions of section three of this act: Provided, That in cities having a recorder's court and justices of the peace, the truant officer shall make the aforesaid complaint before the magistrate of said recorder's court, or before the justice of the peace, and said magistrate or justice shall issue a warrant and proceed to hear and determine the case in the same manner as is provided in the statute for other cases under his jurisdiction; Proviso, recorder's court. Officers, teachers, etc., officer. (d) It shall be the duty of all school officers, superinto aid truant tendents, teachers or other persons to render such assistance and furnish such information as they may have at their command to aid such truant officer in the performance of his official duty. This act is ordered to take immediate effect. Thirty-ninth judicial circuit. Election and of judge. [No. 75.] AN ACT to detach the county of Lenawee from the first judicial circuit, and to form a judicial circuit therefrom, to be known as the thirty-ninth judicial circuit. The People of the State of Michigan enact: SECTION 1. The county of Lenawee is hereby detached from the first judicial circuit and is hereby constituted a judicial circuit, to be known as the thirty-ninth judicial circuit. SEC. 2. At a special election hereafter to be called by the term of office Governor in the year nineteen hundred seven, there shall be elected a circuit judge for the thirty-ninth judicial circuit, whose term of office, when elected, shall extend to the next regular election for judges of the circuit court, as provided by section twenty of article six of the constitution of this State, or until his successor is duly elected and qualified. inspectors of The inspectors of election in the several townships Duty of and wards within the territory comprising the thirty-ninth election. judicial circuit are hereby required to prepare for and receive all ballots that shall be offered at such election for circuit judge, in like manner as required by law for the preparation and reception of ballots for elective county officers. SEC. 4. The Secretary of State shall, immediately after Duty of Secretary of the passage of this act, transmit to the sheriff of the county state. included within the thirty-ninth judicial circuit of this State, a notice in writing, containing a brief statement of the contents of this act, and he shall cause a copy of this act to be published in such newspapers within the thirty-ninth judicial circuit as he may deem proper, at least once prior to the election aforesaid. and township SEC. 5. The sheriffs of the several counties, on receiving Duty of sheriff the notice hereby provided for, shall forthwith, in writing, clerks." notify the township clerk of each township, and one of the inspectors of election of each ward in any city, of such elec. tion; and it shall be the duty of the township clerks and inspectors of election receiving said notice, to give five days notice in writing, under their hands respectively, to the electors of the township or ward, of the time and place of holding such election, by posting the same up in at least three public places in the township or ward. conducted. SEC. 6. The election provided for by this act shall be con- Election, how ducted in the same manner as by existing laws is provided for the holding of a general election; and the inspectors of elections shall make the same canvass, statement and returns, and they are hereby invested with the same powers and authority as are provided by the election laws of this State for a general election. returns SEC. 7. The canvass of the returns of the election for cir- Canvass of cuit judge as herein before provided, shall be conducted by the same officials at like time and in like manner as provided for canvass of the returns at the regular election of circuit judges under the laws of this State. The circuit judge When judge elected under the provisions of this act shall enter upon the to enter upon discharge of his duties on the first day of May immediately duties. succeeding his election. discharge of circuit. SEC. 8. The circuit judge of the first judicial circuit shall Power of have power to settle bills of exception, sign and grant de- judge of first crees, decide and determine cases now submitted to him and to do all judicial acts in any case now submitted to him, the same as if the act creating the thirty-ninth judicial circuit had not been passed. Approved May 2, 1907. What deemed unlawful fishing. [No. 76.] AN ACT for the protection of fish in Saginaw river, Saginaw bay, within certain territory at the mouth of Saginaw river, the Tittabawassee, Shiawassee, Cass, Flint and Bad rivers, and all rivers, streams, creeks and bayous tributary to said rivers, and to repeal act number one hundred seventy-eight of the public acts of nineteen hundred five, and all acts and parts of acts contravening the provisions of this act. The People of the State of Michigan enact: SECTION 1. It shall be unlawful for any person or persons to intentionally take, catch or kill, or attempt to take, catch or kill any fish at any time with Indian cockle, dynamite, giant powder or any explosive substance, or with any kind. of net, except minnow net, not to exceed nine square feet in size, or by any other means or device whatever, except with spear or hook and line, in Saginaw river, Saginaw bay, within a radius of one-half mile from the outer range light at the mouth of Saginaw river, extending northerly about two and one-half miles to gas buoy, thereby maintaining an open channel one mile wide by about two and one-half miles long, the Tittabawassee river, Shiawassee river, Cass river, Flint river and Bad river, or in any of the rivers, streams, creeks Proviso as to and bayous tributary to said rivers: Provided, That all nets shall be set at an angle of not less than forty degrees easterly on the east side of said channel, and at an angle of not less than forty degrees in a westerly direction from the west side of the said channel above described. nets. Amount of catch, limited. Sale limited. SEC. 2. It shall not be lawful for any person in any one day to take or catch with spear or hook and line any fish from any of the rivers, streams, creeks and bayous, or part of Saginaw bay specified in section one of this act, in excess of twenty-five pounds, except carp, or one fish exceeding that weight. SEC. 3. It shall be unlawful for any person or persons to take, catch or capture, by any means whatever, for the purpose of sale or to ship for the purpose of sale, any fish from the rivers, streams, creeks, bayous or part of Saginaw bay specified in section one of this act, in excess of twenty-five pounds, except carp or one fish exceeding that weight. SEC. 4. It shall not be lawful for any person or persons Unlawful possession of to have in his or their possession on the water of any of said fish, nets, explosives, etc. rivers, streams, creeks and bayous or part of Saginaw bay specified in section one of this act, or within one-half mile inland from the shores thereof, any net, except minnow net, not to exceed nine square feet in size, Indian cockle, dynamite, giant powder or any explosive substance, or more than twenty-five pounds of fish for each person, except carp or one |