Quarantine. SEC. 2. The department of agriculture is authorized to promulgate quarantines and quarantine restrictions covering areas within the state affected by said pest and areas within the state adjacent thereto, and may adopt, issue, and enforce rules and regulations supplemental to such quarantines for the control of this pest; which rules and regulations when adopted by the commissioner of agriculture shall have the force and effect of law. Under such quarantines, the department of agriculture or its authorized agents may prohibit and prevent the movement within the state without inspection, or the shipment or transportation within the state, of an agricultural or horticultural product, or any other material of any character whatsoever, capable of carrying this pest in any living state of its May inter- development; and, in the enforcement of such quarantine, may intercept, stop, and detain for official inspection any person, car, vessel, boat, truck, automobile, aircraft, wagon, or other vehicles or carriers whether air, land or water, or any container believed or known to be carrying the said insect in any living state of its development or any such material, in violation of said quarantines or of the rules or regulations issued supplemental thereto, and may seize, possess, and destroy any agricultural or horticultural product or other material of any character whatsoever, moved, shipped, or transported in violation of such quarantines or the rules and regulations supplemental thereto. cept person, etc. Free access to farms, etc. Penalty for violating quarantine regulation. Proviso appeal. When material to be destroyed. SEC. 3. For the purposes of this act, the department of agriculture, or its authorized agents, shall have free access within reasonable hours to any farm, field, orchard, garden, elevator, warehouse, freight or express office or car, freight yard, vehicle, vessel, boat, container, or any other place which, for probable cause, it may be necessary or desirable for such authorized agents to enter in carrying out the provisions of this act. It shall be unlawful to deny such access to such authorized agents or to hinder, thwart, or defeat such inspection or entrance by misrepresentation or concealment of facts or conditions, or otherwise. SEC. 4. Any person, copartnership, association, or corporation, violating any provision of a quarantine promulgated under the authority of this act, or of any rules and regulations issued supplemental thereto, shall be subject to a fine of not less than twenty-five dollars nor more than one hundred dollars for each offense, to be collected by conviction before any magistrate, or justice of the peace, as like fines are now by law collected, and, in case of non-payment of said fine, shall be imprisoned in the county jail for a period not exceeding five days: Provided, That any person so convicted shall have the right of appeal, as in other cases of conviction. The fines collected under this act shall be paid to the department of agriculture and by it paid into the state treasury for the use of the state. SEC. 5. Wherever treatment or destruction of any agricultural or horticultural product, whether in field, feed lot, place of assemblage or storage, or elsewhere, or whenever any special type of plowing or other farm operation is required under the provisions of any rule or regulation issued under the authority of this act, the owner or person having charge of such material or land shall, upon due notice from the department of agriculture, or its authorized agents, and within the time limit provided, cause the destruction or treatment of such material or take the action so required, in the manner designated by such notice. In case the owner or person in charge of such material shall refuse or neglect to carry out such instructions within the time limit provided, the department of agriculture, or its authorized agents, may take the action so required, and the expense, or such portion thereof as the department of agriculture may determine, shall be assessed, collected, and enforced as taxes are collected and enforced, against the owner of the premises upon which such expense was incurred. The amount of such expense when collected shall be paid to the department of agriculture and by it paid into the state treasury: Provided, That such portion of the amount so Proviso. assessed, collected, and enforced against the owner of such premises and paid into the state treasury, as shall represent the expenditures thereon by the United States in carrying out the cooperative control measures hereby authorized, shall be paid to the United States. clause. SEC. 6. If any section, sub-section, sentence, clause or Saving phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed the act and each section, sub-section, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, sub-sections, sentences, clauses and phrases be declared unconstitutional. tion. SEC. 7. The sum of one hundred thousand dollars is hereby Appropriaappropriated for the fiscal year ending June thirty, nineteen hundred twenty-eight, and for the fiscal year ending June thirty, nineteen hundred twenty-nine, there is hereby appropriated the sum of one hundred thousand dollars, to be used by the state department of agriculture in the performance of the duties imposed upon it by this act: Provided, The state Proviso, administrative board shall have authority to expend not to expenditure. exceed one hundred thousand dollars a year additional if in its opinion the emergency demands it for the fiscal year ending June thirtieth, nineteen hundred twenty-eight, and for the fiscal year ending June thirtieth, nineteen hundred twentynine, and to pay the same out of the general fund. SEC. 8. All acts or parts of acts inconsistent with this act Acts repealed. are hereby repealed. clause. SEC. 9. Said sums of money so appropriated shall be paid Tax from the general fund in the state treasury and the auditor general is hereby directed to incorporate in the state taxes for the years nineteen hundred twenty-seven and nineteen hundred twenty-eight a sufficient amount to reimburse the general fund for the appropriations herein made. Said sum of one hundred This act is ordered to take immediate effect. Section amended. Vacancy, how filled. [No. 6.] AN ACT to amend section four of act number one hundred ninety-nine of the public acts of nineteen hundred twentythree, entitled "An act to provide for the filling of vacancies in appointive and elective public offices." The People of the State of Michigan enact: SECTION 1. Section four of act number one hundred ninetynine of the public acts of nineteen hundred twenty-three, entitled "An act to provide for the filling of vacancies in appointive and elective public offices", is hereby amended to read as follows: SEC. 4. Whenever a vacancy shall occur in the office of a judge of a court of record, the governor shall fill such vacancy by appointment and the person annointed shall hold such office until his successor is elected and qualified. At the next general November election or biennial spring election held at least sixty days after such vacancy shall occur, a person shall be elected to fill such office and the person elected shall hold such office for the remainder of the unexpired term. This act is ordered to take immediate effect. Section amended. [No. 7.] AN ACT to amend section twenty-four of chapter one hundred fifty-six of the revised statutes of eighteen hundred forty-six, entitled "Of offenses against public justice," being section fourteen thousand nine hundred ninety-five of the compiled laws of nineteen hundred fifteen, as amended by act number one hundred ninety-nine of the public acts of nineteen hundred twenty-five. The People of the State of Michigan enact: SECTION 1. Section twenty-four of chapter one hundred fifty-six of the revised statutes of eighteen hundred forty-six, entitled "Of offenses against public justice," being section fourteen thousand nine hundred ninety-five of the compiled laws of nineteen hundred fifteen, as amended by act number one hundred ninety-nine of the public acts of nineteen hundred twenty-five, is hereby amended to read as follows: what SEC. 24. If any person, being imprisoned in any prison of Felony, this state for any term, shall break prison and escape, or break deemed. prison though no escape be actually made, or shall escape, or shall leave said prison without being discharged from said prison by due process of law, or shall attempt to escape therefrom, he shall be deemed guilty of a felony and shall be punished by further imprisonment for not more than three years, and every prisoner who shall actually break prison or escape or attempt to break prison, or attempt to escape as aforesaid, shall after his return to such prison, be imprisoned for as long Penalty. a time as remained unexpired of his former sentence, at the time of such breaking, escape or attempt to break or escape, besides such further term of imprisonment, as aforesaid. Such prisoner who shall break prison or escape or attempt to break prison or attempt to escape as aforesaid, shall be charged with said offense and tried in the courts of the county wherein the administrative offices of the prison may be, to which said prisoner was committed or transferred, at the time of the breaking, escape, or attempt to break or escape. The word "prison" as Prison used herein shall include any Michigan state prison, penitentiary, reformatory, house of correction, the grounds, farms, shops, road camps or places of employment operated by such institution or under control of the officers thereof, or of any police officers of this state. This act is ordered to take immediate effect. [No. 8.] AN ACT to provide that the superintendent of public instruction shall give a bond to the people of the state of Michigan. The People of the State of Michigan enact: defined. amount of, etc. SECTION 1. That the superintendent of public instruction Bond, when he enters upon the duties of his office, shall give a surety company bond to the people of the state of Michigan in the penal sum of ten thousand dollars conditioned upon accounting for and paying over any money or moneys which shall or may come into his hands or under his control by reason of his holding such office. Said bond shall be filed in the office of the where secretary of state and in case default shall be made in its con- fled. ditions, may be enforced in the same manner as are the bonds of other state officers, the premium of said bond to be paid by the state. This act is ordered to take immediate effect. Section amended. Fees of constables. Proviso. [No. 9.] AN ACT to amend section three of chapter seventy-seven of act number three hundred fourteen of the public acts of nineteen hundred fifteen, "The judicature act of nineteen hundred fifteen," as last amended by act number three hundred eighteen of the public acts of nineteen hundred twentyfive, being section fourteen thousand three hundred ninetynine of the compiled laws of nineteen hundred fifteen, as amended. The People of the State of Michigan enact: SECTION 1. Section three of chapter seventy-seven of act number three hundred fourteen of the public acts of nineteen hundred fifteen, "The judicature act of nineteen hundred fifteen," as last amended by act number three hundred eighteen of the public acts of nineteen hundred twenty-five, being section fourteen thousand three hundred ninety-nine of the compiled laws of nineteen hundred fifteen, as amended, is hereby amended to read as follows: SEC. 3. Constables shall be entitled to the following fees in civil cases: For serving a warrant, fifty cents; for serving a summons, twenty-five cents; For a copy of every summons delivered on request, or left at the dwelling of the defendant, in his absence, ten cents; For serving an attachment or writ of replevin, seventy-five cents; and for a copy thereof, and of the inventory of the prop erty seized, twenty-five cents; For serving a subpoena, fifteen cents for service upon each witness summoned by him; For serving an execution upon the body or goods and chattels of a party, fifty cents; Committing a defendant to prison on execution, fifty cents; For traveling in the service of process, twenty cents for each mile necessarily traveled from the place of service to the place of return; Summoning a jury, one dollar; Attending upon a jury, one dollar; For collecting and paying over money on executions, four per cent upon all sums not exceeding two hundred dollars, and for all sums over that amount, two per cent; Advertising sale of property, fifty cents; Selling property, fifty cents; For attending a circuit court at the request of the sheriff, two dollars and fifty cents for each day, to be paid out of the county treasury: Provided, however, That in any city of this state having a justice court, created under a special act and in which city the distance from the place where such justice court is held to the corporate city limits of such city, by the |