thereof in any court of competent jurisdiction shall be pun- Penalty. SEC. 4. In case the application of any such soldier, sailor Rejection of or marine, shall be rejected by the person having the power application: of appointment to the position for which he has applied, he shall be entitled to remedy therefor by mandamus to enforce the provisions of this act. Approved June 28, 1907. [No. 330.] AN ACT to amend section seven of act twenty-eight of the public acts of eighteen hundred eighty-seven, entitled "An act to provide for the appointment of a game and fish warden and to prescribe his powers and duties," being section five thousand seven hundred ninety-seven (a) of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: amended. SECTION 1. Section seven of act twenty-eight of the pub Section lic acts of eighteen hundred eighty-seven, entitled "An act to provide for the appointment of a game and fish warden and to prescribe his powers and duties," being section five thousand seven hundred ninety-seven (a) of the Compiled Laws of eighteen hundred ninety-seven is hereby amended to read as follows: deputy to receive SEC. 7. The said game and fish warden shall have power Appoint to appoint deputy game and fish wardens, who shall have wardens. the same power and authority herein provided for the game and fish warden himself, subject to the supervision and control of and to removal by the game and fish warden. One One deputy of said deputy game and fish wardens shall receive an an- salary, etc. nual salary of twelve hundred dollars and his actual expenses necessarily incurred while traveling upon official business; and all other State deputy game and fish wardens shall Per diem for other deputies. receive three dollars per day for each day actually spent in the discharge of their duties, under the direction of the game and fish warden, and their actual expenses necessarily incurred when so employed; said salary and expenses, and How paid. three dollars per day and expenses to be paid monthly on the warrant of the Auditor General, on the approval of itemized vouchers thereof, verified under oath and certified by the Limit. game and fish warden; but the total amount for salary, com (a) Should be section 5759. County wardens. and compensation of. pensation and expenses of deputy wardens in any one year shall not exceed the sum provided by law. Said game and fish warden shall appoint in each county not to exceed three residents thereof as county game and fish wardens, who shall have the same powers in their respective counties as is herein provided for the game and fish warden himself, subject to the supervision and control of and to removal by the game Employment and fish warden. The said game and fish wardens may be employed by individuals, clubs and corporations interested in the enforcement of the fish and game laws, and shall receive such other compensation as may be allowed and provided for by the supervisors of their respective counties, exWayne and cept in the counties of Wayne and Saginaw as fixed by the county salary act for Saginaw county. Any person who hinders, obstructs or interferes with or attempts to hinder, obstruct or interfere with the said game and fish warden, or any deputy or county warden in the discharge of any of his duties, shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined not less than ten dollars nor more than fifty dollars, together with costs of suit; and in default of payment thereof shall be confined in the county jail until said fine and costs are paid: Provided, That said imprisonment shall not exceed thirty days. Saginaw counties. Penalty for interference, etc. Proviso. This act is ordered to take immediate effect. Section amended. Damage certificates, examination of, etc. [No. 331.] AN ACT to amend section six of act number forty-eight of the public acts of nineteen hundred one, entitled "An act to provide for a tax upon dogs and to create a fund for the payment of certain damages for sheep killed or wounded by them in certain cases," as amended by house enrolled act one hundred twenty-seven of the present session. The People of the State of Michigan enact: SECTION 1. Section six of act number forty-eight of the public acts of nineteen hundred one, entitled "An act to provide for a tax upon dogs and to create a fund for the payment of certain damages for sheep killed or wounded by them in certain cases," as amended by house enrolled act one hundred twenty-seven of the present session, is hereby amended to read as follows: SEC. 6. At the annual meeting of the township board in each year, and at a meeting of the common council of each city in April of each year, the said board or council, as the case may be, shall examine all certificates of damage filed payment of by the clerk as aforesaid, during the preceding year, and if satisfied that in any case or cases, the certified damages are excessive, they may reduce the same to such amount as they may deem just, and may order the payment of all such loss as they may consider just out of the fund aforesaid, if it be sufficient for that purpose, and if not sufficient, they may order a proportionate payment of each claim. If the Proportionate money in the fund aforesaid shall not be sufficient to pay all claims. claims in full the balances on said claims remaining unpaid shall stand as claims against the aforesaid fund at the succeeding annual meetings of said board, or said council, as the case may be, until said claims are paid in full, and the claims filed each year shall take priority over claims of succeeding years until they have been paid in full, those claims of each year being paid in full or by a proportionate payment, as the state of said fund will permit. If money Apportionremains of such fund after satisfactory payment of all claims cess money. aforesaid in any one year, over and above the sum of one hundred dollars, it shall be apportioned among the several school districts of such township or city in proportion to the number of children therein of school age, unless the town ment of ex ship board or the city council shall determine to retain an Amount may amount of such money so remaining not to exceed three hun- retain. dred dollars, in which case only the amount over and above the sum so determined shall be so apportioned: Provided, Proviso. That no payment of loss shall be made as provided for in this section, unless the party applying for the same shall make it appear to the satisfaction of the township board or common council that he has made all due efforts and has not been able to obtain satisfaction therefor from the owner or owners of the dog or dogs which shall have done the damage, or shall make it appear that he is unable to ascertain who are the owners or who is the owner of said dog or dogs. Approved June 28, 1907. Section amended. When mortgage void. [No. 332.] AN ACT to amend section ten of chapter two hundred fiftyeight of the Compiled Laws of eighteen hundred ninetyseven, entitled "Fraudulent conveyances and contracts relating to personal property," being section nine thousand five hundred twenty-three of the Compiled Laws of eighteen hundred ninety-seven, as amended by act two hundred fifty-eight of the public acts of nineteen hundred five, entitled "An act to amend section ten of chapter two hundred fifty-eight of the Compiled Laws of eighteen hundred ninety-seven, entitled 'Fraudulent conveyances and contracts relating to personal property,' being compiler's sec tion nine thousand five hundred twenty-three." The People of the State of Michigan enact: SECTION 1. Section ten of chapter two hundred fifty-eight of the Compiled Laws of eighteen hundred ninety-seven, entitled "Fraudulent conveyances and contracts relating to personal property," being section nine thousand five hundred twenty-three of the Compiled Laws of eighteen hundred ninety-seven, as amended by act two hundred fifty-eight of the public acts of nineteen hundred five, entitled "An act to amend section ten of chapter two hundred fifty-eight of the Compiled Laws of eighteen hundred ninety-seven, entitled 'Fraudulent conveyances and contracts relating to personal property,' being compiler's section nine thousand five hundred twenty-three," is hereby amended to read as follows: SEC. 10. Every mortgage or conveyance intended to operate as a mortgage, of goods and chattels, which shall hereafter be made, which shall not be accompanied by an im mediate delivery, and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers or mortgagees in good faith, unless the mortgage, or a true copy thereof, shall be filed in the office of the township clerk of the township, or city clerk of the city, or city recorder of cities having no officer known as city clerk, where the goods or chattels are located, and also where the mortgagor resides, except when the mortgagor is a non-resident of the State, when the mortgage, or a true copy thereof, shall be filed in the office of the township clerk of the township or city clerk of the city, or city recorder of cities having no officer known as city clerk, where the property is: Provided, That in the case of corporacetion corpo- tions engaged in transporting passengers or freight, or conveying electricity or gas or telephonic or telegraphic communications, all that is, or shall be required is the filing of a copy of such mortgage with the register of deeds of each county through which the lines or property thereof passes, Proviso as to rations. receivable for annexed. and such mortgages shall not require any affidavit of re- This act is ordered to take immediate effect. ment in [No. 333.] AN ACT to amend section one of act number three hundred fifty of the public acts of eighteen hundred sixty-five, entitled "An act to protect fish and preserve the fisheries of this State," approved March twenty-one, eighteen hundred sixty-five, being section five thousand eight hundred fiftyfour of the Compiled Laws of eighteen hundred ninety seven. The People of the State of Michigan enact: amended. SECTION 1. Section one of act number three hundred fifty Section of the public acts of eighteen hundred sixty-five, entitled "An act to protect fish and to preserve the fisheries of this State," approved March twenty-one, eighteen hundred sixty-five, being section five thousand eight hundred fifty-four of the Compiled Laws of eighteen hundred ninety-seven is hereby amended to read as follows: offal, etc., SEC. 1. It shall be unlawful for all persons to put into Putting of any of the waters of this State, where fish are taken, any into waters offal, blood, putrid brine, putrid fish or filth of any descrip- prohibited. tion, and any person so offending shall be fined in any sum not exceeding three hundred dollars, or imprisonment not exceeding thirty days, or both, at the discretion of the court: Provided, however, That this act shall not be construed to Proviso, apply to discharging the waste matter of any paper mill into from certain any of the streams or their tributaries on sections thirteen, paper mills, twenty-three and twenty-four of Schoolcraft township, Kala mazoo county. This act is ordered to take immediate effect. Approved June 28, 1907. waste matter |