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the right to proceed under this section shall be discretionary with the probate court. This section shall not operate to relieve any such person as is referred to in section nine of this act from the liability therein expressed until sixty days after the date of entry of the order determining that there is no tax upon the transfers in said estate, or in case a tax is determined, until proper receipts showing payment thereof have been duly signed by the State Treasurer and countersigned by the Auditor General.

Approved April 13, 1911.

1

[No. 74.]

AN ACT to provide for the appointment of deputies by certain county officers, and for fixing their salaries.

The People of the State of Michigan enact:

of, in certain

SECTION 1. In all counties of this State having a popula· Deputies, tion of more than fifty thousand where it is provided by law appointing that the county treasurer, county clerk and register of deeds counties. shall receive salaries in lieu of fees, each of said officers may appoint a deputy or deputies who may perform all the official acts which the officer making such appointment might legally do, and who shall be paid therefor from the general fund of the county, such salaries as the board of supervisors of the county shall determine.

acts.

SEC. 2. All acts or parts of acts inconsistent with the Conflicting provisions of this act are hereby repealed. Approved April 13, 1911.

[No. 75.]

AN ACT making appropriations for the Michigan Reformatory for current expenses and for special purposes, for the fiscal years ending June thirty, nineteen hundred twelve, and June thirty, nineteen hundred thirteen.

The People of the State of Michigan enact:

tion.

SECTION 1. There is hereby appropriated out of any Appropriamoneys in the State treasury not otherwise appropriated for the use of the Michigan Reformatory for the fiscal year ending June thirty, nineteen hundred twelve, the sum of three

Purposes.

How paid out.

Tax clause.

thousand eight hundred dollars, for purposes and in amounts as follows: Wood farm, forty acres, eight hundred dollars; Williams farm with house and barn, fifty acres, three thousand dollars; and for the fiscal year ending June thirty, nineteen hundred thirteen, the sum of three thousand one hundred dollars for current expenses as follows: For general repairs, two thousand two hundred fifty dollars; for stationery and printing, two hundred fifty dollars; for farm, garden and lawn, three hundred dollars; and for furnishing kitchen and administration building, three hundred dollars. The sums appropriated by the provisions of this act shall be paid out of the State treasury to the treasurer of the Michigan Reformatory at such times and in such amounts as the general accounting, laws of the State prescribe, and the disbursing officer shall render his account to the .Auditor General thereunder.

SEC. 3. The Auditor General shall add to and incorporate in the State tax for the year nineteen hundred eleven the sum of three thousand eight hundred dollars, and for the year nineteen hundred twelve the sum of three thousand one hundred dollars, which sums when collected shall be credited to the general fund to reimburse the same for the moneys hereby appropriated.

This act is ordered to take immediate effect.
Approved April 13, 1911.

Appropriation.

How paid out.

[No. 76.]

AN ACT making appropriations for the deficiency in the current expense fund of the Michigan School for the Deaf for the fiscal years ending June thirtieth, nineteen hundred ten, and June thirtieth, nineteen hundred eleven, and to provide a tax to meet the same.

The People of the State of Michigan enact:

SECTION 1. There is hereby appropriated out of the general fund in the State treasury for the deficiency in the current expense fund of the Michigan School for the Deaf for the fiscal year ending June thirtieth, nineteen hundred ten, the sum of one thousand two hundred thirty-eight dollars and forty cents, and for the fiscal year ending June thirtieth, nineteen hundred eleven, the like sum of one thousand two hundred thirty-eight dollars and forty cents.

SEC. 2. The several sums appropriated by this act shall be paid out of the general fund in the State treasury to the treasurer of the Michigan School for the Deaf at such times and in such amounts as the general accounting laws of the

State prescribe, and the disbursing officer shall render his accounts to the Auditor General thereunder.

SEC. 3. The Auditor General shall add to and incorporate Tax clause. in the State tax for the year nineteen hundred eleven, the sum of two thousand four hundred seventy-six dollars and eighty cents, which, when collected, shall be credited to the general fund to reimburse the same for the moneys hereby appropriated.

This act is ordered to take immediate effect.
Approved April 13, 1911.

[No. 77.]

AN ACT to create a commission to aid in securing permanent encampment and maneuvering grounds for the Michigan national guard, and to make an appropriation therefor.

The People of the State of Michigan enact:

SECTION 1. The Governor is hereby authorized to appoint Commission, a commission consisting of five members to investigate and appointment, report on the best available site or sites for permanent encampment and maneuvering grounds for the Michigan national

guard. Three of the members so appointed shall be selected How selected. from the members of the Michigan national guard, one of whom shall be skilled in the selection of rifle ranges, one skilled in the handling of the brigade of troops in camp and one skilled in medical work and sanitary conditions. Two of the members so appointed shall be civilians, one of whom shall be skilled in the business of real estate and one a business man. The Governor shall be ex officio a member of said commission. The said commission shall be known as the what known "Commission on Permanent Encampment and Maneuvering as. Grounds for the Michigan National Guard." It shall be the Duty. duty of the said commission to investigate in such manner as shall be deemed advisable and determine upon the best available site or sites for the permanent encampment and maneuvering grounds for the Michigan national guard. The said commission is hereby authorized if it is deemed necessary or proper to secure and obtain an option or options upon the most available site or sites offered. There shall not, however, be paid to exceed the sum of fifty dollars for any option or options. It shall be the duty of the said commission to report to the next legislature the result of its investigation and to recommend the best site or sites available and report the amount necessary to be appropriated for the purchase of

same.

Compensation.

Proviso.

Further proviso, limit. Expenses.

Clerical

work, etc.

Tax clause.

SEC. 2. The members of the said commission shall be entitled to compensation at the rate of three dollars per day while actually engaged as a member of the said commission in the above work: Provided, however, That no member of such commission shall draw pay from any other fund or for any other purpose while performing duties in connection with the work of the commission: Provided, further, That there shall not be expended to exceed five hundred dollars as compensation to the members of said commission. The members of said commission shall also be entitled to their actual and necessary expenses incurred in the performance of duties. All bills shall be paid when properly audited by the Board of State Auditors upon proper vouchers rendered therefor. It shall be the duty of the members of said commission on a day to be appointed by the Governor to meet at the office of the Governor and organize by electing a president and secretary of the said commission. All clerical work for the meetings and all paper and stationery shall be provided for by the military board, the expense of such clerical work and of paper, stationery, etc., to be paid from the military fund. SEC. 3. The sum of five hundred dollars or so much thereof as may be necessary is hereby appropriated out of the general fund of the State treasury for the purpose of carrying out the provisions of this act. The Auditor General shall add to and incorporate in the State tax for the year nineteen hundred eleven, the sum of five hundred dollars to be assessed, levied and collected as other State taxes are assessed, levied and collected, which sum shall be used to reimburse the general fund in the State treasury for the amount appropriated by this act.

This act is ordered to take immediate effect.
Approved April 13, 1911.

Section amended.

[No. 78.]

AN ACT to amend section one of act number two hundred ninety-five of the public acts of nineteen hundred nine, entitled "An act to provide for the erection and maintenance of fish shutes or fish ladders for the free passage of fish through or over dams now in existence, or which shall hereafter be erected, across rivers, streams or creeks, and to prohibit the obstruction of rivers, streams and creeks in such a manner as to prevent the free passage of fish up and down."

The People of the State of Michigan enact:

SECTION 1. Section one of act number two hundred ninetyfive of the public acts of nineteen hundred nine, entitled "An

act to provide for the erection and maintenance of fish shutes or fish ladders for the free passage of fish through or over dams now in existence, or which shall hereafter be erected, across rivers, streams or creeks, and to prohibit the obstruction of rivers, streams and creeks in such a manner as to prevent the free passage of fish up and down," is hereby amended to read as follows:

etc.

small streams.

Any person, firm or corporation owning or using Fish shutes, any dam now existing or which may hereafter be constructed etc., erection, across any river, stream or creek in this State, shall erect and maintain in good repair, sufficient and permanent fish shutes or fish ladders to admit of the free and uninterrupted passage of fish over or through such dam during the months of March, April, May, June, September, October and November in each and every year: Provided, however, That the State Proviso, Game, Fish and Forestry Warden, may upon the written ap- close. permit to plication of any owner or owners of a dam, issue a permit to close said fish shute during any or all of said months for the purpose of conserving the water power: Provided further, Further That as to streams smaller than those designated as rivers proviso, and which are not frequented by any considerable quantity' of fish for which a closed season or seasons is provided by law, said warden may upon the written application of any owner or owners of a dam issue a permit waiving the building of such shutes, which waiver may be revoked at the pleasure of said warden, who, on revoking the same may require the building of the shutes as provided in this act, on written notice of not less than sixty days to the owner or owners of such dam. Such shutes or ladders shall be erected Maintenance. and maintained by said owner or occupant of such dam, of such kind and placed in such manner as shall be prescribed by the State Game, Fish and Forestry Warden. Approved April 13, 1911.

[No. 79.]

AN ACT for the prevention of fire waste, and the creation of the office and appointment of a State Fire Marshal, for the appointment of his assistants, to prescribe the duties, powers and authority of each, to fix the salaries for the same and to provide for salaries and necessary expenses.

The People of the State of Michigan enact:

SECTION 1. The Commissioner of Insurance shall be ex- State fire marshal, officio State Fire Marshal, and the deputy Commissioner of appointment Insurance shall be ex-officio deputy State Fire Marshal.

of.

SEC. 2. The State Fire Marshal shall appoint one assistant Assistant. fire marshal.

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