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Act repealed.

[No. 87.]

AN ACT to repeal act number ninety-seven of the public acts of nineteen hundred three, entitled "An act to prohibit the catching, killing or destroying of fish with seines or any species of continuous net, or with any form of spear or trap, or in any manner whatsoever, except with hook and line, in the waters of Crystal lake, in the township of Crystal, county of Montcalm, Michigan, and providing a penalty therefor," approved May twelfth, nineteen hundred three.

The People of the State of Michigan enact: SECTION 1. Act number ninety-seven of the public acts of nineteen hundred three, entitled "An act to prohibit the catching, killing or destroying of fish with seines or any species of continuous net, or with any form of spear or trap. or in any manner whatsoever, except with hook and line, in the waters of Crystal lake, in, the township of Crystal, county of Montcalm, Michigan, and providing a penalty therefor," approved May twelfth, nineteen hundred three, is hereby repealed.

Approved April 19, 1911.

Act repealed.

[No. 88.]

AN ACT to repeal act number sixty-six of the public acts of nineteen hundred five, entitled "An act for the protection of fish in the lakes and streams of the county of Montcalm, State of Michigan, and to repeal all acts or parts of acts inconsistent with this act," approved April nineteenth, nineteen hundred five.

The People of the State of Michigan enact:

SECTION 1. Act number sixty-six of the public acts of nineteen hundred five, entitled "An act for the protection of fish in the lakes and streams of the county of Montcalm, State of Michigan, and to repeal all acts or parts of acts inconsist ent with this act," approved April nineteenth, nineteen hundred five, is hereby repealed.

Approved April 19, 1911.

[No. 89.]

AN ACT to provide for the lawful taking and removing with seines or nets, and destroying, under certain regulations and restrictions, of dog fish, carp, and garfish or bill fish, in the inland lakes of this State.

The People of the State of Michigan enact:

seines, etc.,

SECTION 1. Hereafter it shall be lawful under the regula- Dog fish, etc., tions and restrictions in this act provided, to [to] take and lawful. remove with seines or nets, and destroy, in the inland lakes of this State, dog fish, carp, and garfish or bill fish.

etc.

SEC. 2. The State Game, Fish and Forestry Warden may, Removal of, in his discretion, cause to be taken or removed by seine or net, from any of the inland lakes of this State, and destroyed, all dog fish, carp, and gar-fish or bill fish: Provided, That Proviso, before such action is taken there shall be filed with the supetition. pervisor of the township in which such inland lake may be located a petition signed by at least fifteen residents of such township requesting the same, and it shall be the duty of such supervisor forthwith to forward said petition to the State Game, Fish and Forestry Warden: Provided further, Further That the State Game, Fish and Forestry Warden, or a State warden to be deputy warden to be delegated by him, shall be present at the present. time and place of the taking, removing and destroying of the fish in this act provided and shall personally superintend the

same.

Approved April 18, 1911.

proviso,

[No. 90.]

AN ACT to amend section twenty-two of chapter three of act number 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 section four thousand six hundred eighty-seven of the Compiled Laws of eighteen hundred ninety-seven, as last amended by act number thirty-six of the public acts of nineteen hundred five.

The People of the State of Michigan enact: SECTION 1. Section twenty-two of chapter three of act num- Section ber one hundred sixty-four of the public acts of eighteen

amended.

School census, annual.

How taken.

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 section four thousand six hundred eighty-seven of the Compiled Laws of eighteen hundred ninety-seven, as last amended by act number thirty-six of the public acts of nineteen hundred five, is hereby amended to read as follows:

SEC. 22. It shall be the duty of all school boards and boards of education in this State to make an annual school census in their respective districts or cities as is provided in this section:

First, In all school districts, except in incorporated cities having a population of three thousand or over, within fifteen days next previous to the first day in June of each year, the director, or such other reputable and capable person or persons as the district board may appoint, shall take the school census of the district and make a list in writing of the names and ages of all the children who are five years of age, and under twenty years of age, whose parents or legal guardians reside therein, the names of said parents or guardians, giving street and residence number in villages and cities, in such form as the Superintendent of Public Instruction may prescribe, and said list shall be verified by the oath or affirmation of the person taking such census, by affidavit appended thereto or endorsed thereon, setting forth that the person or persons taking such census made a house to house canvass of the entire district or portion thereof canvassed by said enumerator and that it is a correct list of the names of all the children between the ages aforesaid Where made. residing in the district. Said affidavit may be made before the township clerk or other officer authorized by law to take acknowledgments; and said verified census list shall be returned with the annual report of the director to the townCompensation. ship clerk before the first Monday in August thereafter. The director, or other person employed by the board of education, may receive as compensation for taking said census, such sum as the school board may direct, not exceeding one hundred dollars;

Affidavit.

Certain cities, how census

taken.

Second, In all incorporated cities or special legislative districts having a population of three thousand or over, within twenty days next previous to the first day in June of each year, the secretary of the board of education, or other reput able and capable person or persons employed by the board of education, shall take the school census of said city as follows:

(a) The census shall be taken and reported by wards;

(b) Each enumerator shall make a list in writing of the names and ages of all children who are five years of age and under twenty years of age, whose parents or legal guardians reside in the ward or portion of the ward allotted to said enumerator, together with the names of said parents

or legal guardians, giving the street and residence number in each case, said list to be in such form as the Superintendent of Public Instruction may prescribe, and it shall be verified by the oath or affirmation of the person making the same, by affidavit appended thereto or indorsed thereon, setting forth that the person or persons taking such census made a house to house canvass of the entire ward or por tion thereof canvassed by said enumerator and that it is a correct list of the parents or legal guardians, their street and residence number, the names and ages of all the children of the ages aforesaid residing in the ward or part thereof as allotted to him;

included.

Third, In taking the census in any school district or city Children not the director or enumerators shall not include in the census the names of any child or children in reformatories or prisons; nor the names of any child or children in asylums, almshouses, or other charitable institutions except as follows:

(a) Children in such institutions who regularly attend the public schools;

(b) Orphans whose parents at the time of death resided in such school district or city. Children of either class shall be included in the district or ward where such institution is located, except children in class (a) where the parents or either of them, reside in the city or district, and in such cases the legal residence of the child is that of the parent. Indian children shall not be included in any census, unless they attend the public schools, or their parents are liable to pay taxes in the district or city. Domestics, bell boys, and other servants, if entitled to be included in the census, must be recorded at the residence of their parents or legal guardians.

etc.

Fourth, In cities having a population of three thousand Compiling, or over, the secretary of the board of education and the several enumerators shall, immediately after the first day in June of each year, compare, correct and compile the entire census. The said secretary of the board of education shall Affidavit. then attach thereto his affidavit that the several enumerators were duly employed by the board of education and that said census has been properly compared, corrected and compiled; and forthwith, and before the second Monday in July there- Census, etc., after, transmit to the Superintendent of Public Instruction where the entire census, together with his affidavit and the affi- transmitted. davits of the several enumerators, and at the same time he shall transmit to said Superintendent of Public Instruction the annual statistical and financial report of said city or district.

Approved April 18, 1911.

when and

Indebtedness,

certain, taxable.

"Mortgage," what to include.

170-694

Tax, amount of.

170-694

Proviso,

library, etc.

Proviso, fraternal societies.

Further proviso,

church, etc.

Further proviso, building and loan.

How paid,

etc.

[blocks in formation]

AN ACT to provide for the assessment and the collection of a specific tax upon the class of credits founded upon and evidenced by mortgages and liens upon real property, and to repeal all acts and parts of acts in contravention thereto.

The People of the State of Michigan enact:

SECTION 1. For the purposes of this act all indebtedness secured by liens upon real property shall constitute that class of credit upon which this act imposes a specific tax. The word "mortgage" as used herein shall include every mortgage or other instrument by which a lien is created over or imposed upon real property, notwithstanding it may also be a lien upon other property, or there may be other security for the debt, and shall also include executory contracts for the sale of real property, and deeds or other instruments that are given to secure debts.

SEC. 2. A tax of fifty cents for each one hundred dollars and each remaining major fraction thereof of the principal debt or obligation which is, or under any contingency may be, secured by a mortgage upon real property situated within this State recorded on or after the first day of January, nineteen hundred twelve, is hereby imposed on each such mortgage, and shall be collected and paid as hereinafter provided Provided, That no tax shall be imposed upon any debt or obligation which is, or under any contingency may be, secured by a mortgage upon such real estate as shall be owned and occupied by library, armory, benevolent, charitable, educational and scientific institutions, incorporated under the laws of this State, with the buildings and other property thereon, while occupied by them solely for the purposes for which they were incorporated: Provided, That such exemption shall not apply to fraternal or secret societies, but all charitable homes of such societies shall be exempt: Provided further, That no tax shall be imposed upon any debt or obligation which is, or under any contingency may be, secured by a mortgage upon any house of public worship with the land on which it stands, the furniture therein and all rights in the pews, and upon any parsonage owned by any religious society of this State and occupied as such; which such mortgage is recorded on or after the first day of January, nineteen hundred twelve: Provided further, No tax shall be imposed upon any building and loan mortgage. The tax imposed by this section shall be in addition to the recording fee now provided for by law.

SEC. 3. The tax imposed by this act shall be paid to and collected by the treasurer of the county where such mortgage is first presented for record, in the manner following:

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