proofs and etc. the apportionment of benefits upon lands. The board of re- To hear view herein shall proceed at the time and place specified allegations. in their notice to hear the proofs and allegations of the parties in interest, and shall proceed to view the lands benefited by the proposed improvement, and to review all of the apportionments for benefits made by the county road commissioners or the State Highway Commissioner, on lands benefited in the assessment district on account of such improvement, and if in their judgment there be manifest error in any such apportionment upon lands benefited, they shall make such changes therein and equalize the same as they deem just and equitable. All boundaries of the special assessment district as Boundaries to made by the county road commissioners, or the State High- be final. way Commissioner, or by the board of review herein before mentioned, upon appeal shall be final and conclusive; the board of review appointed to review the apportionment of the per cent upon lands shall have no power to add additional lands to the special assessment district. But one appeal shall be acted upon to review the apportionment of the per cent of benefits assessed upon lands in the assessment district. SEC. 63. As the work of improvement progresses, the Estimates, county road commissioners, or the State Highway Commissioner, shall cause written estimates to be made, and certificates of work done and materials furnished, according to specifications, and of the value of the work accomplished by the several contractors. These estimates and certificates shall be made and signed by a competent engineer. At the request of any contractor doing work, such estimate shall be made at least once in each month. The county road commissioners, Payments on or the State Highway Commissioner, shall make no payment on any contract without such written estimates and certificates that the work is done according to specifications where the total contract price shall be five hundred dollars or over. Before the final completion of the work and its final acceptance, they shall not pay more than eighty per cent of the amount of such estimates and certificates: Provided, That Proviso. upon satisfactory showing of the paying of outstanding indebtedness as hereinafter provided the amount retained on such estimates may be proportionately reduced in the discretion of the State Highway Commissioner or the board of county road commissioners as the work progresses. Before payment is made on any estimate or certificate aforesaid, the contractor shall file an affidavit showing, either that all labor and material so far used in the improvement has been paid for by him, or an itemized statement giving the several amounts and names of persons to whom anything is owing for labor and material used in the particular improvement contracted for by him, or he shall file releases from all persons unpaid for either labor or material used in such improvement. In case it appears from such affidavits that any labor or material is not paid for, the county road commissioners, or the State Highway Commissioner, shall deduct contracts. from any payment to be made by them such indebtedness for This act is ordered to take immediate effect. Spearing u nlawful. enalty. [No. 23.] AN ACT for the protection of fish in the inland lake known as Hopkins lake in the townships of Summit and Pere Marquette, in the county of Mason. The People of the State of Michigan enact: SECTION 1. Hereafter it shall not be lawful to catch, kill or destroy any kind of fish, with any form of spear, at any time, in the inland lake known as Hopkins Lake, in the townships of Summit and Pere Marquette, in the county of Mason. SEC. 2. Any person violating the provisions of this act shall upon conviction be punished by a fine of not less than ten dollars nor more than one hundred dollars or by imprisonment in the county jail for a period of not less than ten days nor more than ninety days, or both such fine and imprisonment in the discretion of the court. Approved April 1, 1921. Closed season. [No. 24.] AN ACT to prohibit the taking, catching or killing of fish in The People of the State of Michigan enact: SECTION 1. It shall be unlawful for any person or persons to take, catch, or kill or attempt to take, catch or kill, by any method or means whatsoever, any and all kinds of fish in Otsego lake, located in the county of Otsego in said state during the months of November, December, January, February and March of each year. SEC. 2. Any person or persons violating this act shall be Penalty. deemed guilty of a misdemeanor and, upon conviction thereof, for the first offense shall be punished by a fine of not less than twenty-five dollars and not exceeding one hundred dollars, together with the costs of the prosecution, or by imprisonment in the county jail, not exceeding ninety days or by both such fine and imprisonment in the discretion of the court; and for the second or any subsequent offense, such per- Second son or persons shall, upon conviction, be punished by a fine not less than fifty dollars and not exceeding one hundred dollars, together with costs of prosecution, or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment in the discretion of the court. Approved April 1, 1921. offense. [No. 25.] AN ACT to provide for the protection of grass pike and pickerel in the waters of Lake Gogebic and the rivers and streams flowing into and out of said lake. The People of the State of Michigan enact: season. SECTION 1. It shall not be lawful for any person to take, Closed attempt to take or catch by any means whatever any grass pike or pickerel in the waters of Lake Gogebic or any of the rivers or streams flowing into or out of said lake from and including the first day of March to and including the fifteenth day of May of each year. SEC. 2. In all prosecutions under this act it shall be prima Prima facie, facie evidence on the part of the people of the violation of what deemed. the provisions of this act to show that the defendant was found upon the waters of said lake or of any of the rivers or streams flowing into or out of said lake with spear, net, set lines, hook and line or any other device used in taking or catching fish in said waters. SEC. 3. Any person violating the provisions of this act Penalty. shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed fifty dollars and costs of prosecution or by imprisonment in the county jail not to exceed sixty days or both such fine and imprisonment in the discretion of the court. This act is ordered to take immediate effect. Section amended. Inspector of dams. Proviso. [No. 26.] AN ACT to amend section three 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," being section seven thousand six hundred twenty-five of the Compiled Laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. Section three of act number two hundredninety-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," being section seven thousand six hundred twenty-five of the Compiled Laws of nineteen hundred fifteen, is hereby amended to read as follows: SEC. 3. The State Game, Fish and Forestry Warden is hereby made inspector of dams across rivers, streams and creeks of this state, and it shall be his duty to prosecute in the name of the people of the state in all cases where the provisions of this act are not complied with, and it shall be the duty of the prosecuting attorney of any county in which a prosecution is commenced under this act to aid in said prosecution when requested to do so by the State Game, Fish and Forestry Warden or any one of his deputies or such offi cer or department as shall succeed to the powers and duties of that office: Provided, That the Attorney General may institute mandamus proceedings in the circuit court for Ingham county to compel any person, firm or corporation to comply with the provisions of section one of this act. Approved April 1, 1921. [No. 27.] AN ACT to repeal and charge out unexpended balances of certain appropriations. The People of the State of Michigan enact: balances, dis SECTION 1. All unexpended balances of any appropria- Unexpended tions, made prior to January one, nineteen hundred twenty-o one, for building or special purposes, are hereby repealed and charged out of the account to which they are now credited, and the account of such appropriations closed on the books of the Auditor General and the State Treasurer: Provided, Proviso, exThat this section shall not apply to any appropriation made ceptions. for the State Game, Fish and Forest Fire Commissioner's Department: Provided further, That this act shall not apply Further to appropriations provided for by act number one hundred proviso. seventy-eight of the Public Acts of nineteen hundred nineteen, relative to the University of Michigan, and act number two hundred four of the Public Acts of nineteen hundred nineteen, relative to the Michigan Agricultural College: Pro- Further vided further, That the unexpended balance appropriated proviso. for the Adrian School for Girls be excepted. SEC. 2. All unpaid warrants, payable out of any of the Payments from general funds charged out by this act, and all claims and accounts fund. now existing, which when audited and allowed would otherwise be payable out of any such funds, shall, after the taking effect of this act, be payable out of the general fund. SEC. 3. All acts and parts of acts in so far as they conflict [No. 28.] AN ACT to fix the salary of the Superintendent of Public The People of the State of Michigan enact: SECTION 1. From and after the first day of July, nineteen Annual salary. hundred twenty-one, the salary of the Superintendent of Public Instruction shall be five thousand dollars per annum, which shall be paid monthly out of the general fund in the state treasury upon the warrant of the Auditor General in the same manner as the salaries of other state officers are paid. |