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Duty of register son shall transcribe or cause to be transcribed, the records of of deeds, etc.
deeds, mortgages and other records, from the records of other counties so far as the same relate to lands in said county of Dickinson; and said register of deeds and such other person or persons as he may designate, shall have access to the books in the offices of the [registers] register of deeds in such other counties for that purpose, and the board of supervisors of said county of Dickinson shall make provision for defraying the expenses of the same. Such transcribed records shall be taken and received in all cases and
have the same legal effect as the original records. Body corporate. SEC. 8. Said county of Dickinson is hereby created and
declared a body corporate, with all the powers and duties conferred upon or required of organized counties by the
constitution and laws of this State. Judicial circuit. SEC. 9. Said county of Dickinson shall be in the twenty
fifth judicial circuit. Settlement be- SEC. 10. The settlement between the said county of tween counties.
Dickinson and the counties of Menominee, Iron and Marquette, shall be made on the basis of the equalized valuation
of the respective counties. What townships SEC. 11. Surveyed townships numbered forty-four north, attached, etc.
of ranges twenty-eight, twenty-nine and thirty west, are hereby attached to the township of Felch in said county of Dickinson, and townships numbered forty-two, forty-three and forty-four north, of range twenty-seven west and township numbered thirty-nine north, of range twenty-eight west, are hereby attached to the township of Breen in said county of Dickinson.
Approved May 21, 1891.
[ No. 90. ]
AN ACT to amend section nine of article two, of act num
ber one hundred ninety-eight of the session laws of eighteen hundred seventy-three, being an act entitled "An act to revise the laws providing for the incorporation of railroad companies, and to regulate the running and management, and to fix the duties and liabilities of all railroad and other corporations owning or operating any rail. road in this State," as amended by act one hundred seventy-seven of the session laws of eighteen hundred seventy-seven, and act two hundred thirty of the public acts of eighteen hundred eighty-seven, and act two hundred two of the public acts of eighteen hundred eightynine.
SECTION 1. The People of the State of Michigan enact, That section two of act number one hundred ninety-eight of the session laws of eighteen hundred seventy-three, as amended by act one hundred seventy-seven of the session
laws of eighteen hundred seventy-seven, [and] act two hundred thirty of the public acts of eighteen hundred eighty-seven, and act two hundred two of the public acts of eighteen hundred eighty-nine, be and the same is hereby amended so as to read as follows:
SEC. 9. Every such corporation shall possess the general Powers and powers and be subject to the liabilities and restrictions folTowing; that is to say:
First, To cause such examinations and surveys of the pro- To make surveys. posed railroad or railroad tunnel to be made as may be necessary to the selection of the most advantageous route for the road, and for such purposes by its officers, agents and servants to enter upon lands or waters of any person or company, but subject to liability for all damages which they Liability for shall do thereto: Provided, That it shall not be lawful for Proviso. any such corporation by its officers, agents or servants to enter upon the land or water of any person or company to make any such examination or survey until such corporation shall have made, executed and delivered to the judge of probate of the county where such land or water lies, a bond to be approved by him, with two sufficient sureties running to the judge of probate of said county in his official name for the use of any person interested, in the penal sum of five thousand dollars, conditioned upon the payment by such corporation of all damages sustained by any person or company on occasion of any such examination or survey. Upon the delivery of such bond to said judge of probate and its approval by him he shall file the same in his office, and when so filed it shall be deemed a public record, and may be proved in court by a certified copy thereof. Any person or company having a claim for damages, arising under this section, may bring suit upon said bond in any court of said county having jurisdiction over the amount claimed in damages; Second, To receive, hold and take such voluntary grants To receive and
hold pry party, and donations of real estate and other property as shall be made to it to aid in the construction, maintenance and accommodation of such road or railroad tunnel, but the real estate thus received by voluntary grant, shall be held and used for the purpose of such grant only;
Third, To purchase, and by voluntary grants and dona- To purchase, tions, receive, take and by its officers, engineers, surveyors constructing and agents, enter upon, and take possession of, hold and use road, etc. all such lands and real estate, franchises, and other property, as may be necessary for the construction, maintenance and accommodation of its railroad or railroad tunnels, stations, depots and other accommodations; but the same shall not be appropriated until the compensation to be made therefor is agreed upon by the parties, or ascertained as herein prescribed, be paid to the owners, or deposited as hereinafter directed, unless the consent of such owner be given therefor
To lay out and
Fourth, To lay out its road, not exceeding one hundred construct road, feet in width, and to lay out its tunnel and its tunnel
approaches not exceeding two hundred feet in width, and to construct the same, and, for the purpose of cuttings and embankments, and for procuring stone, gravel or other material, or for the purpose of draining its road bed or tunnel, to take, in the manner herein provided, such further lands adjacent to and in the vicinity of its road or tunnel, as may be necessary for the proper construction, operating and security of its road or tunnel;
Fifth, To construct its road upon or across, or its railor tunnel under road tunnel under any stream of water, water-course, private streams, etc. road, street, lane, alley or highway, and across or under
any plank road, railroad, or canal, which the route of its road or railroad tunnel shall lie along, or intersect; but the corporation shall restore the stream, water-course, private road, street, alley, lane, highway, plank road, railroad or canal to its former state, as near as may be, but shall not materially obstruct the navigation of any stream, nor obstruct any public highway or street by cars or trains for more than five minutes at any one time, and the commissioner of railroads shall have authority to
the removal of switches that are so located with reference to public highways or streets that by reason of the constant switching or shunting of cars the use of the public highway or street is materially obstructed, impeded or delayed; and such Corporation shall construct suitable road and street crossings for the passage of teams by fitting down planks between and on each side of the rails of such road, the top of which shall be at least one-half inch higher
than the top of the rails of such road; and in case of the upon streets, etc. construction of such railway upon any public street, lane,
alley or highway, the same shall be on such terms and conditions as shall be agreed upon between the railroad company and the common council of any city, or the village board of any village, or the commissioners of highway of any township in which the same may be; but such railway
shåll not be constructed upon any public street, lane, alley, Compensation to highway or private way until damages and compensation be adjacent owners.
made by the railroad company therefor to the owner owners of property adjoining such street, lane, alley, highway, or private way, and opposite where such railroad is to be constructed either by agreement between the railroad company and each owner or owners, or ascertain as herein prescribed for obtaining property or franchises for the purpose of its incorporation to be paid to the owner thereof, or deposited as hereinafter directed.
Sixth, To cross, join, and unite its railroads with any other railroads, other railroad now or hereafter constructed under any law
whatever at any point on its route, and upon the grounds of such other railroad now or hereafter constructed with the necessary turn-outs, sidings, and switches, and other
To unite with
con- To erect depots,
accommodations and conveniences, in furtherance of the objects of its connections; and to make all such business arrangements as said companies may agree upon. And every company whose railroad shall be intersected by any other railroad shall unite with the owners of such other railroads in forming such intersections and connections and grant facilities for the same as hereinafter provided;
Seventh, To take, transport, carry, and convey persons To transport and property on their said road or through such tunnel passengers, etc. by the force and power of steam, animals, or any mechanical power, or by any combination of them, and to receive tolls and compensation therefor: Provided, That in trans- Provlso as to porting freight by the car, loaded by the shipper and charges. unloaded by the consignee, no railroad company shall charge for transporting each of such cars more than eight dollars for any distance not exceeding ten miles, nor
more than fifty cents per mile for the second ten miles, nor more than
twenty-five cents per mile for the third ten miles; and for distances exceeding thirty miles, in no case shall the charge between any two points on the said railroad exceed the minimum charge on the entire line. This provision shall not apply to the Upper Peninsula, nor to any company operating less than fifteen miles of railroad;
Eighth, To erect and maintain all necessary and venient buildings, stations, depots, and fixtures, and etc. machinery for the accommodation and use of their passengers, freight, and business, and to obtain and hold all the lands necessary therefor;
Ninth, To regulate the time and manner in which pas- To regulate time, sengers and property shall be transported, and the tolls manner and and compensation to be paid therefor; but such compensa- for transporting tion for transporting any passenger and his or her ordinary baggage, not exceeding in weight one hundred and_fifty pounds, shall not exceed the following prices, viz.: For a Three cents per distance not exceeding five miles, three cents per mile; for all other distances, for all companies the gross earnings of whose passenger trains, as reported to the commissioner of railroads for the year one thousand eight hundred and eighty-eight, equaled or exceeded the sum of three thousand dollars for each mile of road operated by said company, two cents per mile, and for all companies the earnings of Two cents per whose passenger trains reported as aforesaid, were over two thousand and less than three thousand dollars per mile of road operated by said company, two and a half cents per Two and a half mile, and for all companies whose earnings reported as aforesaid were less than two thousand dollars per mile of road operated, by said company, three cents per mile: Provided, That in future, whenever the earnings of Proviso. any company doing business in this State, as reported to the commissioner of railroads at the close of any year, shall increase so as to equal or exceed the sum of two thousand or three thousand dollars per mile of road operated by said
Proviso as to
as to thousand mile tickets.
company, then in such case said companies shall thereafter, upon the notification of the commissioner of railroads, be required to only receive as compensation for the transportation of any passenger and his or her ordinary baggage, not exceeding in weight one hundred and fifty pounds, a rate of two cents and a half, or two cents per mile as here
in before provided: Provided, That roads in the Upper PenPeninsula.
insula which report as above provided passenger earnings exceeding three thousand dollars per mile, shall not charge to exceed three cents per mile, and roads reporting less than three thousand dollars per mile shall be allowed to
charge not to exceed four cents per mile: Provided further, Further proviso That one thousand mile tickets shall be kept for sale at the
principal ticket offices of all railroad companies in this State or carrying on business partly within and partly without the limits of this State, at a price not exceeding twenty dollars in the Lower Peninsula and twenty-five dollars in the Upper Peninsula. Such one thousand mile tickets may be made non-transferable, but whenever required by the purchaser, they shall be issued in the names of the purchaser, his wife, and children, designating the name of each on such ticket, and in case such ticket is presented by any other than the person or persons named thereon, the conductor may take it up and collect fare, and thereupon such one thousand mile ticket shall be forfeited to the railroad company. Each one
thousand mile ticket shall be valid for two years only after shall be valid.
date of purchase, and in case it is not wholly used within Company to re- the time, the company issuing the same shall redeem the deem unused portion,
unused portion thereof, if presented by the purchaser for
This act is ordered to take immediate effect.
[ No. 91. ] AN ACT to provide for ceding to the United States of
America exclusive jurisdiction over the property selected for fish hatchery purposes for
the United States Fish Commission, in the township of Plymouth, county of Wayne and State of Michigan, during the time the United States shall be and remain the owner thereof, for all purposes except the adminstration of the criminal laws of the State of Michigan, and the service of civil and criminal process therein. SECTION 1. The People of the State of Michigan enact, That the State of Michigan hereby cedes to the United States, exclusive jurisdiction over the property heretofore