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[No. 72.]

AN ACT to amend sections one and three of chapter one of act one hundred sixty-four of the public acts of eighteen hundred eighty-one, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act," being sections four thousand six hundred thirty-nine and four thousand six hundred forty-one of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Sections one and three of chapter one of act Sections amended. one hundred sixty-four of the public acts of eighteen hundred eighty-one, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act," being sections four thousand six hundred thirtynine and four thousand six hundred forty-one of the Compiled Laws of eighteen hundred ninety-seven, are hereby amended to read as follows:

supervision

institutions.

Duty of.

schools.

of

(4639) SECTION 1. The Superintendent of Public In- Supt. of Public struction shall have general supervision of public instruction Inst. to have and of all State institutions other than the University that educational are essentially educational in their character, and it shall be his duty among other things to visit the University, the Agricultural College, the Institution for the Deaf and Dumb, the School for the Blind, the State Industrial School for Boys, the State Industrial Home for Girls, and the State Public School for Dependent and Neglected Children, and to meet with the governing boards of said institutions at least once in each year. He shall have supervision of all Have supervision of normal training county normal training classes and may prescribe general classes. rules for their management. In his supervision of the pub- Duty of, in relalic schools it shall be his duty to require boards of education tion to public to observe the laws relating to schools and to compel such observance by appropriate legal proceedings instituted in courts of competent jurisdiction by direction of the Attorney General. He may examine and audit the official May examine and records and accounts of any school district and require cor- etc. rections thereof when necessary. It shall be his duty to Require districts require all school districts to maintain school for at least to maintain the statutory period and to provide educational facilities for all children resident in such district. The Superintendent When may reof Public Instruction may request the Governor to remove certain officers. from office any county commissioner of schools or member of board of school examiners when he shall be satisfied from sufficient evidence submitted to him that said officer does not possess the qualifications required by law entitling him

audit accounts

school.

quest removal of

of charges with

Governor.

to hold the office, or when he is incompetent to execute properly the duties of his office, or has been guilty of official misconduct, or of wilful neglect of duty, or of drunkenness. To file statement In case said superintendent shall determine that the charges submitted to him are well founded he shall file with the Governor a statement that he believes the charges to be true and that in his opinion the case demands investigation, which statement shall take the place of the statement of the prosecuting attorney of the county in which said officer is acting; whereupon the Governor shall proceed to investigate the case as the statute provides. Said superintendent shall also prepare annually, and transmit to the Governor, to be by him transmitted to the legislature at each biennial session thereof, a report containing :

To file annual report.

Annual report what to contain.

May prepare rules etc., for manage

First, A statement of the condition of the University and of each of the several State educational institutions, all incorporated institutions of learning, and the primary, graded and high schools;

Second, Estimates and amounts of expenditures of all educational funds;

Third, Plans for the management of all educational funds, and for the better organization of the educational system, if, in his opinion, the same be required;

Fourth, The annual reports and accompanying documents, so far as he shall deem the same of sufficient public interest, of all State institutions of educational character;

Fifth, Abstracts of the annual reports of the school inspectors of the several townships and cities of the State; Sixth, All such other matter relating to his office and the subject of education generally as he shall deem expedient to communicate.

(4641) SEC. 3. The Superintendent of Public Instrucment of libraries. tion may prepare and have printed general rules and regulations for the management of township and district libraries, a general course of study for the schools of the State, and he shall transmit all these documents to the several school officers entrusted with the care and management of the public schools.

This act is ordered to take immediate effect.
Approved April 25, 1905.

[No. 73.]

AN ACT to amend section nine of act two hundred seventeen of the public acts of nineteen hundred one, entitled "An act to revise and amend the laws for the protection of game and birds."

The People of the State of Michigan enact:

SECTION 1. Section nine of act two hundred seventeen of Section amended. the public acts of nineteen hundred one, entitled "An act to revise and amend the laws for the protection of game and birds," shall be amended so as to read as follows:

capture etc.,

SEC. 9. No person shall kill, capture or destroy, or at- Unlawful to kill, tempt to kill, capture or destroy, by any means whatever, any mourning doves, mourning dove or any Antwerp or homing pigeon within the etc. limits of this State. It shall be unlawful for any person to kill or capture, or attempt to kill or capture by any means whatever, any pinnated grouse, commonly called prairie Prairie chicken, chickens, or any Mongolian or English pheasants, caper- protected for cer cailzie, black game, or hazel grouse, or any wild turkey, or any wild pigeon until the year nineteen hundred ten, and then only at the time, in the manner and for the purpose authorized by law.

This act is ordered to take immediate effect.
Approved April 26, 1905.

wild turkey, etc.,

tain period.

[No. 74.]

AN ACT to protect ginseng growers and owners and providing a penalty for breaking down, digging, destroying, taking or carrying away any ginseng or ginseng seed.

The People of the State of Michigan enact:

SECTION 1. Any person, who shall without the permission Felony, who of the owner enter the field, yard, building, garden or other guilty of. enclosure of another and wilfully break down, dig, destroy, take or carry away any ginseng or ginseng seed there stored, growing, drying or being, shall be guilty of a felony, and upon Penalty. conviction thereof shall be punished by imprisonment in the State prison not exceeding five years, or by a fine not exceeding five thousand dollars.

This act is ordered to take effect May one, nineteen hundred five.

Approved April 26, 1905.

Section amended.

Sites for school houses, voters may designate number, and change.

ing, what to state.

may fix site.

[No. 75.]

AN ACT to amend section one, of chapter eight, of act number one hundred sixty-four of the public acts of eighteen hundred eighty-one, and acts amendatory thereof, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act," being section. four thousand seven hundred twenty-eight of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Section one, of chapter eight, of act number one hundred sixty-four of the public acts of eighteen hundred eighty-one, and acts amendatory thereof, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act," being section four thousand seven hundred twenty-eight of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows:

SEC. 1. The qualified voters of any school district, when lawfully assembled may designate by a vote of two-thirds of those present, such number of sites as may be desired for school houses and may change the same by similar vote at any annual or special meeting, or by the same vote may enlarge Notice of meet any existing site. Whenever the question of designating a school site or of changing a school site is to be brought before the school meeting, the notice of said meeting shall state the When inspectors intention to vote upon such question. When no site can be established by such inhabitants as aforesaid, the school inspectors of the township or townships in which the district is situated, upon notification by the district board that the district is unable to fix a site, shall determine where such site shall be, and their determination shall be certified to the director of the district and shall be final, subject to alteration afterwards by the inspectors, on the written request of two-thirds of the qualified voters of the district, or by two-thirds of the qualified voters agreeing upon a site at a district meeting lawfully called.

Approved May 1, 1905.

[No. 76.] ·

AN ACT to amend section two of chapter ninety-seven of the revised statutes of eighteen hundred forty-six, entitled "Of the commencement of suits; of process and the service and return of original writs," being section nine thousand nine hundred eighty-five of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Section two of chapter ninety-seven of the re- Section vised statutes of eighteen hundred forty-six, entitled "Of the amended. commencement of suits; of process and the service and return of original writs," being section nine thousand nine hundred eighty-five of the Compiled Laws of eighteen hundred ninetyseven, is hereby amended to read as follows:

(9985) SEC. 2. Actions brought for the recovery of any Certain actions, debt, or for damages only, may be commenced, either:

1. By original writ; or,

2. By filing in the office of one of the clerks of the court a declaration, to which is attached, or upon which is endorsed, a rule requiring the defendant to plead to such declaration within fifteen days after the service of a copy thereof and notice of such rule, and serving a copy of such declaration, and notice of such rule personally on the defendant; which mode of commencing an action may be adopted against any person, whether privileged from arrest or not. Approved May 1, 1905.

how commenced.

[No. 77.]

AN ACT to amend section thirty of chapter one hundred seven of the revised statutes of eighteen hundred forty-six, entitled "Provisions concerning actions and proceedings in certain cases," being section ten thousand four hundred of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

Section

SECTION 1. Section thirty of chapter one hundred seven of the revised statutes of eighteen hundred forty-six, entitled amended. "Provisions concerning actions and proceedings in certain cases," being section ten thousand four hundred of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows:

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