above provided. Judge, how In case of the removal from the city of the Vacancy of judge of said police court, his death, resignation or removal from alle, etc. office, his office shall be deemed vacant, and such vacancy filled in the manner herein before provided. The same causes shall be deemed to constitute a vacancy in the office of clerk of said police court, and such vacancy shall be filled as hereinafter provided. etc. deputy. SEC. 17. The clerk of the police court shall keep the records of Duty of clerk, said court, and do all the necessary clerical work of said court, except as hereinafter provided, and be the custodian of the records and files and property of said court. He shall provide the court and its officers with necessary stationery, records, blanks and other articles, to be furnished by said city on [requisitions] requisition on the common council thereof. The journal or docket entries of said court shall be signed by the judge thereof. Said clerk shall receive and account for all moneys collected in said court. He Deputy clerk. shall annually nominate a suitable person as deputy, to be elected by the common council of said city. Such deputy shall, before acting, take and file the oath of office, and make and file the like bonds as are required of the clerk. The said deputy clerk shall Duties of perform the duties of said clerk when so required by said judge, and during absence of said clerk, for which he shall receive compensation for the time he shall officiate at the rate of three Compensation. dollars per day, to be paid in the manner herein before provided for the payment of the salary of the judge of said court, which said amount so paid to said deputy clerk shall, when paid, be deducted from the salary of the clerk of said court. In case the Vacancy to be office of said clerk shall become vacant by resignation or as herein before provided, said deputy clerk shall become the clerk of said court until the next charter election of said city of Grand Rapids, and thereupon it shall become his duty to file bonds as clerk of said court and appoint a deputy as herein before provided. The clerk of said court shall file and preserve all the records and Filing and files of said court, and he shall not be concerned as counsel in preservation of any case therein. Said clerk may sign and seal either with a scroll or device, and if with a device, such device as may be seal. ordered by such police judge, which order, if made, shall be filed and recorded by said clerk as a part of the records of said court, all writs and processes issuing from said court, as provided in Power of clerk section five of this act, and shall have power generally to administer oaths and affidavits, take recognizance or bail, swear witnesses and jurors, and to do all acts usual and proper to do by the clerk of the superior court of Grand Rapids, within the jurisdiction of said police court. filled by deputy. court records. as to writs, etc. offenders. SEC. 20. In case of examinations of offenders by said police Examination of court, for offenses committed against the criminal laws of this State, when said police court has jurisdiction to examine and hold to bail only, it shall be lawful for said police court to cause an order to be entered in the records of such court before or during the pendency of said examination, on motion of the prosecuting attorney of said county, and if in the judgment of said court it be for the best interest of the public so to do, stenographer. appointing some suitable stenographer, to be named by said court, to take down in short-hand the testimony [in] of any such Employment of examination; and any stenographer so appointed shall receive such per diem compensation for the time by him expended in so taking down such testimony, and such price per folio for writing out in long-hand such testimony so taken in short-hand, as shall be fixed by the board of supervisors of Kent county, the same to be allowed and paid out of the treasury of said county. Repealing clause. What corporations rate. Meeting, how called, etc. SEC. 2. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. This act is ordered to take immediate effect. [No. 110.] AN ACT to provide for the re-organization of corporations or associations for religious, charitable, benevolent or educational purposes, the corporate term of existence of which has heretofore expired, or may hereafter expire by limitation, and to fix the duties and liabilities of such renewed corporations or associations. SECTION 1. The People of the State of Michigan enact, That may re-incorpo- it shall be lawful for any corporation or association organized for religious, charitable, benevolent or educational purposes, whose corporate term of existence has expired, or may hereafter expire by limitation, at a special meeting of its trustees, or other proper persons, called for that purpose, to direct the continuance of its corporate existence for such further term, not exceeding thirty years from the expiration of its former term, to be expressed in a resolution duly recorded in a book of [record] recorded for that purpose, and by complying with existing laws relative to conditions. precedent to the exercise of corporate rights. Such meeting shall be called in accordance with the by-laws of the corporation or association whose term of existence is sought to be extended, and the laws of the State then applicable to the same class of corporations or associations whose term has not expired. Upon the adoption of such [resolution] resolutions duly recorded, by the trustees, or other proper persons, in the case of a corporation or association the corporate existence of which is about to expire by limitation of law, or by the trustees or other proper persons, in the case of a corporation or association, the corporate existence of which has expired by limitation of law, acting in due legal capacity, de jure or [de] facto, it shall be the duty of the proper officers or persons to make, sign and acknowledge duplicate articles of association or incorporation, as in case of a new association or corporation, to which shall be appended a copy of the proceedings of such meeting certified to by the person acting in the capacity of secretary of such association or corporation, and verified by his oath, one copy of which shall be filed with the Secretary of State and the other copy with the county clerk of the county where such corporation or associa Duplicate articles, etc. Where filed. tion is located and both of such copies to be recorded in such SEC. 2. The renewed term of such corporation or association Term, when toshall begin from the expiration of the former term thereof, and begin, etc. the corporation or association thus renewed shall hold and own all of the property held and owned by such corporation or association before its renewal, and shall be liable to all its debts, liabilities and obligations, as fully as if its former corporate term had not expired; and the officers thereof, who were such, de jure or de facto, at the time of such meeting, shall hold and continue in their offices until their successors shall be duly elected and qualified: Provided, That in case of the re-organization of any college Proviso. or other educational corporation or association under the provisions of this act, none of the faculty of such college or other educational corporation or association, except the president thereof, shall be elected as a member of the board of trustees of such college, educational corporation or association. This act is ordered to take immediate effect. [No. 111.] AN ACT to protect fish and to regulate fishing in the waters of this State, by providing close seasons for certain kinds of fish, by prohibiting the catching of fish in certain specified ways, by prohibiting the catching of fish of certain sizes and in certain. waters and for certain purposes, by prohibiting the obstruction of the free passage of fish, and by prohibiting the sale of certain kinds of fish, to protect persons engaged in fish culture, and to repeal inconsistent acts. to catch certain SECTION 1. The People of the State of Michigan enact, That When unlawful no person shall catch or take from any lake, river or stream of ash. this State, by any means whatever, any speckled trout, land-locked salmon, grayling or California trout, from the first day of Septermber in each year until the first day of May following thereafter; nor shall any person catch or take any muskallonge, or any black, strawberry, green or white bass, by any means whatever, except by hook and line, from any such lake, river or stream, from the first day of March in each year to the first of July following thereafter. It shall be lawful for the State board of fish Permits may be commissioners to give permits in writing to any person to catch for propagation. given to catch Unlawful to catch except by Unlawful to catch u der a or take any such fish at such time and in such manner as they shall direct, for the purposes of propagation; but in case of any prosecutions for a violation of any of the provisions of this section, such permission must be shown affirmatively by the defendant. SEC. 2. No person shall knowingly purchase, buy or sell, or attempt to purchase, buy or sell, any of the kinds of fish named in the foregoing section during the respective prohibited periods above named. SEC. 3. It shall not be lawful hereafter at any time to kill or destroy, or attempt to kill or destroy, any fish in any of the waters of the State of Michigan by the use or aid of dynamite, herculean or giant powder, or any other explosive substance or combination of substances, or by the use of Indian cockle or other substance or device which has a tendency to stupefy the fish. SEC. 4. It shall be unlawful for any person or persons to take, catch or kill, or attempt to take, catch or kill, any fish by the use of any kind of spear during the months of March, April, May and June of each year in any of the waters of this State, except Lakes Michigan, Superior, Huron, St. Clair and Erie, and in Saginaw bay: Provided, however, That the spearing or catching by dip net of mullet, grass pike, red-sides and suckers shall not be unlawful. SEC. 5. It shall be unlawful for any person or persons to take or catch, or attempt to take or catch any fish at any time with seines, pound nets, gill nets, or any species of nets in any of the waters of this State, except Lakes Michigan, Superior, Huron and Erie, and the bays and harbors connected with said lakes, Saginaw bay and the Sault Ste. Marie, St. Clair, Saginaw and Detroit rivers. It shall be unlawful for any person to take, catch or kill any fish, in any manner whatever, except by hook and line, in the St. Clair river below the village of Algonac, in St. Clair county, or in any of the channels through which the said river empties into Lake St. Clair, or in any of the bays, channels or other waters known as the St. Clair Flats, and that part of Lake St. Clair lying north, northeast, and east of a line drawn from the south end of the United States ship canal at the mouth of the south or main ship channel to the mouth of the Clinton river: Provided, however, That the use of dip nets in catching mullet, red-sides and suckers shall not be unlawful. SEC. 6. It shall be unlawful for any person or persons to take, catch or kill, at any time, any speckled or brook trout, German trout, California trout, land-locked salmon, or grayling, or any black, strawberry, green or white bass, in any manner whatever, except by hook and line, in any waters of this State, excepting Lakes Superior, Michigan, Huron and Erie, and the bays and harbors connected with said lakes, and Saginaw bay. SEC. 7. It shall be unlawful for any person or persons to kill or capture, in any manner whatever, in any of the waters of this State, or to have in possession, any brook trout, speckled trout, California trout, land-locked salmon or grayling, of a less size than six inches in length. years after SEC. 8. Hereafter it shall not be lawful for any person or To kill three persons to take or catch, by any means whatsoever, any brook planting, etc. trout, grayling or California trout from any stream in which brook trout, grayling, or California trout are not native, and which may have been stocked with such fish by the State board of fish commissioners, for the period of three years after the first planting of any such fish therein. etc. SEC. 9. It shall not be lawful at any time hereafter for any To sell or ship, person or persons to catch or capture, by any means whatever, for the purpose of sale, or to ship for the purpose of sale, any brook trout or grayling from any of the inland waters of this State. private waters. SEC. 10. It shall be unlawful for any person or persons to kill or To fish in take speckled trout or other fish from any private waters used for the propagation of such fish, except by the consent of the proprietor of such private waters. It shall be the duty of the proprietors of any such private waters, who are engaged in the propagation of fish as contemplated by this section, to post, or cause to be posted, in a conspicuous manner, public notices, painted on boards, Notices. in large and plain letters, that the owner, naming him, is engaged in such business, and warning all persons from killing or taking any fish in the waters named in such notices. take certain fish SEC. I1. It shall be unlawful, at any time hereafter, to take, Unlawful to catch or kill or destroy, or attempt to take, catch or kill or destroy, except for bait. any minnows or small fry fish in any of the waters of this State, for other purposes than for fish bait. etc., within distance of fish SEC. 12. It shall not be lawful hereafter for any person to fish To use seines, with any species of seines or nets within a radius of one hundred feet certain of or from any fish shute or ladder, dam to which a fish shute or shute, etc. ladder is attached, nor to hinder or frighten fish from a free passage up or down a fish shute or ladder. dams, etc. SEC. 13. It shall not be lawful for any person or persons to To use weir place a weir dam, fish weir, weir net or other device across any race, stream, lake or river of this State, in such a manner as to obstruct the free passage of fish up and down the same; and any person violating this section shall, in addition to the penalty provided for in section fourteen of this act, be liable to the payment of two dollars per day for every day that he shall continue such violation after having been duly notified by an elector of the township wherein such fish weir or weir net may be, feeling himself aggrieved thereby, to remove the same, said penalty or penalties to be recovered before any court of competent jurisdiction in the township or county where such offense shall have been. committed; and in default of payment thereof, shall be confined in the county jail until such fine and costs shall be paid; but such Confinement shall not exceed thirty days. violation of SEC. 14. Any person who shall be found guilty of a violation Penalty for of any provision contained in the foregoing act shall be deemed law. guilty of a misdemeanor and shall be punished by a fine of not less than five dollars and not more than one hundred dollars, and the costs of prosecution, and in default of payment thereof shall be |