Compensation of. Misdemeanor, what deemed. Penalty. Number of experts limited. Proviso. Homicide cases, witnesses. [No. 175.] AN ACT to regulate the employment of expert witnesses. The People of the State of Michigan enact: SECTION 1. No expert witness shall be paid or receive as compensation in any given case, for his services as such, a sum in excess of the ordinary witness fees provided by law, unless the court before whom such witness is to appear or has appeared awards a larger sum; and any such witness who shall directly or indirectly receive a larger amount than such award, and any person who shall pay such witness a larger sum than such award, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the county jail not to exceed one year, or both, in the discretion of the court, and may further be punished for contempt. SEC. 2. No more than three experts shall be allowed to testify on either side as to the same issue in any given case, except in criminal prosecutions for homicide: Provided, The court trying such case may in its discretion permit an additional number of witnesses to testify as experts. SEC. 3. In criminal cases for homicide where the issues court to appoint involve expert knowledge or opinion the court shall appoint one or more suitable disinterested persons, not exceeding Compensation of three, to investigate such issues and testify at the trial; and the compensation of such person or persons shall be fixed by the court and paid by the county where indictment was found, and the fact that such witness or witnesses have been so appointed shall be made known to the jury. This provision shall not preclude either prosecution or defense from using other expert witnesses at the trial. Other experts not precluded. Not applicable to certain witnesses. SEC. 4. This act shall not be applicable to witnesses testifying to the established facts or deductions of science, nor to any other specific facts, but only to witnesses testifying to matters of opinion. Approved June 7, 1905. 1 [No. 176.] AN ACT for the protection of certain wild game and birds on The People of the State of Michigan enact: protected for 5 SECTION 1. For a period of five years from and after the Certain game passage of this act it shall be unlawful to hunt, kill, capture years. or destroy, or attempt to kill, capture or destroy any elk, moose, caribou (columbian), black tail deer, mule deer, native deer, antelope, buffalo, or any native partridge, Manitoba grouse, dal-ryper and ptarmigan on the island known as Grand Island, in the county of Alger. SEC. 2. violation. Any person who shall be found guilty of violating Penalty for the provisions of section one of this act shall be liable to a fine of not less than fifty dollars, nor more than one hundred dollars for each offense; or, in default of the payment of such fine, imprisonment in the county jail, or Detroit house of correction, for a period of not more than six months. This act is ordered to take immediate effect. Approved June 7, 1905. [No. 177.] AN ACT to amend section six of act number forty-nine of the public acts of eighteen hundred seventy-five, entitled "An act to provide for a municipal court in the city of Grand Rapids to be called The Superior Court of Grand Rapids,'" as amended by act number one hundred fortyseven of the public acts of eighteen hundred seventy-seven, being section six hundred twenty-three of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: amended SECTION 1. Section six of act number forty-nine of the Section public acts of eighteen hundred seventy-five, entitled "An act to provide for a municipal court in the city of Grand Rapids to be called 'The Superior Court of Grand Rapids,'" as amended by act number one hundred forty-seven of the public acts of eighteen hundred seventy-seven, being section six hundred twenty-three of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended so as to read as follows: Salary of judge SEC. 6. The judge of said superior court shall receive from of superior court. the treasury of the State of Michigan the same annual salary When paid. as may be payable to circuit judges, and payable quarterly; Approved June 7, 1905. Channel to be river. [No. 178.] AN ACT to provide for the protection of fish in the Saginaw The People of the State of Michigan enact: SECTION 1. That at all times hereafter, in order to permit kept in Saginaw the passage of fish up and down the Saginaw river, there shall be kept and maintained in the Saginaw river, free from any pound, trap, stake, gill or set nets or seines, or like device of any kind for taking fish, a channel, one-third of the full width of the river at low water mark and extending from the mouth of said Saginaw river, in the county of Bay, to the headwaters thereof, said channel to be thread or middle line of the deepest water in the main channel of said river: Provided, That no nets shall extend more than one-third of the whole width of the stream, and it shall be unlawful for any person or persons to set, place or use any pound, trap, stake, gill or set net or seine, or any like device of any kind for taking or catching fish in that portion of the Saginaw river in this section described. Proviso as to taking fish, etc. Unlawful to catch and line. SEC. 2. No person shall lay, set or stake, or attempt to lay, except with hook set or stake any nets for the purpose of catching fish, nor fish or attempt to fish with any device other than hook and line in the Saginaw river and its tributaries from the fifteenth day of April to the first day of November in each year and then only in the manner prescribed by this act. Unlawful to place nets, etc. SEC. 3. It shall not be lawful for any person or persons to set, place or use any pound, trap, stake, gill or set nets or seines of any kind, for taking fish in any of the tributaries of the Saginaw river: Provided, That suckers, perch, bull heads, Proviso as to red sides and carp may be taken with hand dip nets, or pound suckers, etc. nets with mesh not less than three inches as manufactured, in any of the tributaries of the Saginaw river. drive or trammel. fish. SEC. 4. It shall not be lawful to use any drive or trammel Unlawful to use for the purpose of taking or catching fish in the waters of the Saginaw river or its tributaries. That it shall not be lawful Unlawful to take for any person or persons to take or catch with any species of or ship certain net whatever and retain for sale or use or ship or attempt to ship for use or sale any black, green or small mouthed bass or sell or offer for sale or make use of any perch of a less length than eight inches, or any pike, pickerel or cat fish or [of] a less weight than one pound, and it shall be the duty of Replace underany person who shall take any perch, pike, pickerel or cat fish weight and underof a less weight or length than herein prescribed or any black, green or small mouthed bass to replace the same alive and without injury in the waters from which the same were taken at liberty. size fish in water. sorted at nets; SEC. 5. It shall be unlawful for any person or persons Fish to be to have any fish of less length than above described in any unlawful fish set at liberty. box, crib, dummies or any device for holding fish or any black, green or small mouthed bass. All fish must be sorted at nets and unlawful fish set at liberty at once without any injury to any of aforesaid unlawful fish. SEC. 6. The right to fish in the tributaries of the Saginaw Where may fish. river extends only to the mouth of Bad river. what deemed. SEC. 7. Any person who shall be found guilty of a violation Misdemeanor, of any of the provisions of this act shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be pun- Penalty. ished by a fine of not less than one hundred dollars, together with the costs of prosecution, and in default thereof shall be confined in the county jail, but such confinement shall not exceed sixty days. SEC. 8. Act number one hundred eighty-five of the public Acts repealed. acts of nineteen hundred one and act number four hundred forty-nine of the local acts of eighteen hundred ninety-five, and all acts or parts of acts contravening the provisions of this act are hereby repealed. Approved June 7, 1905. Section amended. Salary in 25th circuit. [No. 179.] AN ACT to amend section thirty-eight of act number one The People of the State of Michigan enact: SECTION 1. Section thirty-eight of act number one hundred SEC. 38. In the twenty-fifth circuit the stenographer shall Lawful to take minnows with net. Repealing clause. [No. 180.] AN ACT to amend section one of act number one hundred The People of the State of Michigan enact: SECTION 1. That it shall be lawful hereafter to fish with seines for the purpose of catching minnows for bait only, namely, chubs, shiners, suckers, dace and stonerollers, in any of the waters in the counties of Kalamazoo, St. Joseph, Ottawa and Calhoun. SEC. 2. All acts or parts of acts inconsistent with this act This act is ordered to take immediate effect. |