Procedure of board in case of recount. if such candidate cannot be found, by leaving such copy at his last place of residence, it shall be the duty of said board of canvassers to investigate the facts set forth in said petition. For such purpose the said board shall cause the ballot boxes used in such election districts to be brought before them. The board shall thereupon, in some public place where such candidates and their counsel may be present, if they so desire, proceed forthwith to open the ballot boxes from such districts, townships or wards and to make a recount thereof as to such candidates, and make correct and full return, in writing, under their hands, to said board, showing the full number of votes given, the names of the candidates and the number of votes given to each, written out in words and figures. As soon as the recount is completed, said board shall, at once, return the ballots to their respective boxes, carefully lock up and seal the same, and deliver them to the officer having the care and custody thereof. The returns made by said board of canvassers upon such recount shall be deemed to be correct, anything in the previous return from such township, ward, or district, to the contrary notwithstanding. In all cases, where, by reason of money deposited. such recount, the petitioner succeeds in establishing fraud or mistake, as set forth in his petition, and receives a certificate of nomination, the money deposited by him shall be r funded; otherwise it shall be turned into the treasury of the State, county or city, as the case may be. If two or more candidates of the same political party are tied for the same office, the tie shall be determined by lot to be cast then and there as the canvassing board may direct. Disposition of How tie determined. Boards to cause names placed on ballots. Proviso. Party com- SEC. 13. The several boards of election commissioners shall cause to be printed upon the ballots to be used for election for offices included in section one of chapter V of this act, the names of the candidates for such offices, selected under the provisions of this act: Provided, That when any candidate shall die, or shall withdraw as such candidate before the printing of the ballots, after having been nominated as herein provided, then the proper board of election commissioners shall cause to be printed or placed upon such ballot, in the place of such candidate, the name of the candidate who shall be selected by the proper party committee upon the certificate of its chairman and secretary, as is provided for Further proviso. general elections: Provided further, In the case of any political party which has not voted according to the provisions of this act to nominate its candidates for office by direct vote may have its candidates for office certified to the boards of election commissioners, as provided by law previous to the passage of this act. CHAPTER VI. OF PENALTIES AND MISCELLANEOUS PROVISIONS. what deemed. SECTION 1. Any person who shall, while the polls are Misdemeanor, open at any polling place on any primary day, solicit votes in the said polling place, or within one hundred feet thereof; any person who shall offer or give to any other person any intoxicating liquors, or drink any intoxicating liquors within any such polling place; any person who shall solicit or receive, directly or indirectly, any money or any promise of place or position, or any valuable consideration for his vote or support at any such primary election; any person who shall offer any voter any money or reward of any kind, or who shall promise any place or position for the purpose of securing such votes or vote, or support, at any such primary election; any person who shall violate any of the requirements or provisions of this act; any person who shall refuse or neglect to perform any duty enjoined upon him thereby; any person who shall vote or attempt to vote more than once, or in more than one election district, at the same primary election, shall be guilty of a misdemeanor. When by this act any act or duty is required to be done or performed by or under the direction, supervision or authority of any officer, and such act or duty shall not be done or performed, then the officer who shall neglect to perform such act or duty, or shall suffer or permit the omission to perform such act or duty, require or authorize the omission or non-performance of such act or duty, shall be guilty of a misdemeanor, and shall be punished as herein provided. Any person who shall Penalty. be convicted of any of the acts or omissions which are by this act declared to be misdemeanors, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, or both such fine and imprisonment in the discretion of the court. printing and posters. SEC. 2. It shall be the duty of the county clerk of any Duty of county county in which primaries are held for the nomination of clerk, relative to candidates for office, pursuant to the provisions of this act, distributing to cause to be printed large posters containing the whole verbatim of the preceding section of this act, and shall furnish two of such posters to the board of election inspectors of each election district in his county at the same time that the official ballots for use at such primaries are delivered, and the board of election inspectors shall cause the said Duty of elecposters to be posted in conspicuous places in the polling tion inspectors. place, so that the same can be plainly seen and read by all persons at such primary election. It shall be the duty of Clerks to deliver the clerk of any city, township or village in which this act ment books, etc. is operative to deliver to the board of primary election inspectors of each election district within his jurisdiction, before the time for opening of the polls on the day of such blanks, enroll Primary day, deemed an election day. Reference to certain act. primary, the register of electors and the party enrollment book; also blanks for poll lists and returns and any other supplies necessary to carry out the provisions of this act. SEC. 3. The day on which any primary election shall be held pursuant to the provision of this act shall be deemed to be an election day in any city, county, or district, where such primary election is held, within the meaning of section seventeen of act number three hundred thirteen of the public acts of eighteen hundred eighty-seven, entitled "An act to provide for the taxation and regulation of the business of manufacturing, selling, keeping for sale, furnishing, giving or delivering spirituous and intoxicating liquors, and malt, brewed, or fermented liquors, and vinous liquors in this State, and to repeal all acts or parts of acts inconsistent with the provisions of this act." Approved June 7, 1905. Lawful to use bob lines. Bob lines defined. Proviso as to number. Penalty for violation. Repealing clause. [No. 182.] AN ACT to permit fishing through the ice with bob lines in The People of the State of Michigan enact: SECTION 1. That it shall be lawful for any person to fish through the ice with bob lines in Lapeer county, State of Michigan. SEC. 2. Fishing with bob lines is defined by this act to mean a hole or holes cut through the ice, through which one single line is let into the water, said line being fastened to. a cross-stick over the hole or otherwise, and each hole or line being separate, distinct and unattached to any other: Provided, That it shall not be lawful for any person to use more than ten such lines at any one time. SEC. 3. Any person who shall be found guilty of a violation of this act shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than ten dollars nor more than fifty dollars and cost of prosecution or imprisonment in the county jail for not more than sixty days or by both such fine and imprisonment in the discretion of the court. SEC. 4. All acts or parts of acts contravening this act are hereby repealed. This act is ordered to take immediate effect. [No. 183.] AN ACT to amend section eight of act number one hundred ninety-six of the public acts of nineteen hundred three, entitled "An act to create a commission and define its duties and powers and make an appropriation of money for the purpose of making an exhibit of the various manufactures and products of the State of Michigan at the Louisiana Purchase Exposition at St. Louis, Missouri, in the year nineteen hundred four, and to provide a tax to meet same," approved June tenth, nineteen hundred three, and to amend said act by adding thereto a new section to stand as section ten. The People of the State of Michigan enact: amended. SECTION 1. Section eight of act number one hundred Section ninety-six of the public acts of nineteen hundred three, entitled "An act to create a commission and define its duties and powers and make an appropriation of money for the purpose of making an exhibit of the various manufactures and products of the State of Michigan at the Louisiana Purchase Exposition at St. Louis, Missouri, in the year nineteen hundred four, and to provide a tax to meet the same," is hereby amended, and a new section is hereby added to said act to be known as section ten, said amended section and said added section to read as follows: used. SEC. 8. After the Louisiana Purchase Exposition shall have Board to sell been closed the board of managers is hereby authorized to buildings. sell to the highest bidder the building and property then on the exposition grounds at St. Louis belonging to the State of Michigan, and the proceeds thereof shall be used to defray the Proceeds, how expenses of said board and of said exhibit and shall be accounted for in the manner as provided in section six of this act; and further any money in the hands of the treasurer of Settlement of the board of managers belonging to the State shall be paid by him to the State Treasurer and his account fully settled within six months after the close of the Louisiana Purchase Exposition. accounts. SEC. 10. There is hereby appropriated for the purpose of Further defraying the expense of said board and of said exhibit, the appropriation. further sum of sixteen hundred eighty dollars out of any money in the State Treasury not otherwise appropriated. Section six of this act shall govern the payment, expenditure and accounting for of the amount appropriated by this section. The Auditor General shall incorporate in the State tax To be incorfor the year nineteen hundred five the sum of sixteen hundred porated in state eighty dollars, which, when collected shall be credited to the general fund, to reimburse the same for the money hereby ap propriated. This act is ordered to take immediate effect. Approved June 7,.1905. tax. Court to fix minimum term of sentence. Maximum sentence. Judge to recommend maximum penalty. To ascertain character of convict. Maximum and minimum [No. 184.] AN ACT to provide for the indeterminate sentence as a punishment for crime, upon the conviction thereof, and for the detention and release of persons in prison or detained on such sentence, and for the expense attending the same. The People of the State of Michigan enact: SECTION 1. That when any person shall hereafter be convicted of crime committed after this act takes effect, the punishment for which prescribed by law, may be imprisonment in the State Prison at Jackson, the Michigan Reformatory at Ionia, the State House of Correction and Branch of the State Prison in the Upper Peninsula, or the Detroit House of Correction, the court imposing sentence, shall not fix a definite term of imprisonment, but shall fix a minimum term of imprisonment which shall not be less than six months in any case. The maximum penalty provided by law shall be the maximum sentence in all cases except as herein provided and shall be stated by the judge in passing sentence. The judge shall at the time of pronouncing such sentence recommend and state therein what, in his judgment, would be a proper maximum penalty in the case at bar not exceeding the maximum penalty provided by law. He shall before or at the time of passing such sentence ascertain by examination of such convict on oath, or otherwise, and in addition to such oath, by such other evidence as can be obtained tending to indicate briefly the causes of the criminal character or conduct of such convict, which facts, and such other facts as shall appear to be pertinent in the case, he shall cause to be entered upon the minutes of the court. SEC. 2. The maximum term of imprisonment shall not expenalties defined. ceed the longest term fixed by law for the punishment of the offense of which the person sentenced is convicted, and the minimum term of imprisonment fixed by the court shall not exceed one-half of the maximum term of imprisonment fixed by statute: Provided. That where the law prescribing the punishment for the offense of which the convict stands convicted, fixes the minimum term of imprisonment, then the minimum term fixed by law shall be the minimum term of imprisonment. Proviso. Not applicable to certain offenses Proviso. SEC. 3. The provisions of this act shall not apply to any person convicted of an offense the only punishment for which prescribed by law is imprisonment in one of the penal institutions named for life: Provided, That in all cases where the maximum sentence, in the discretion of the court, may be for life or any number of years, the court imposing sentence shall fix both the minimum and maximum sentence. The minimum term of imprisonment thus fixed by the court shall not exceed one-half of the maximum term so fixed. |