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charge of the court to be in writing, as provided by an act entitled "An act to declare and establish the practice of charging or instructing juries, and settling the law in cases tried in the circuit courts," approved March twenty-fifth, one thousand

eight hundred sixty-nine. Certain acts void. SEC. 8. All acts or parts of acts contravening the provisions

of this act shall be construed as void and of no effect as applied
to the counties in the twenty-eighth judicial circuit.

This act is ordered to take immediate effect.
Approved April 16, 1891.

[ No. 32. ]

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AN ACT requiring certain of the regular terms of the circuit

court for the county of Iosco to be hereafter held within the city of Au Sable.

SECTION 1. The People of the State of Michigan enact, That two of the regular terms of the circuit court for the county of Iosco, heretofore appointed, shall be held during the remainder of the year A. D. one thousand eight hundred and ninetyone, within the city of Au Sable, and during each year thereafter, two of the regular terms of said court shall be held within said city: Provided, That the common council of said city, shall furnish and provide, free of expense to said county, a suitable place for holding said court, within said city, and transacting the business thereof, and also a suitable and sufficient jail, for the incarceration of prisoners during the sittings of said court, both to be inspected and approved by the judge of said court which approval shall be in writing, and shall be filed with the clerk of said county.

SEC. 2. Within ten days after this act shall take effect and become a law, and said approval be so filed, the circuit judge of the twenty-third judicial circuit shall designate which two of the four regular terms of the circuit court for the said county of Iosco, heretofore appointed for the year A. D. eighteen hundred and ninety-one, shall be so held within said city, wilich designation shall be in writing, and shall be immediately thereafter transmitted by him to the clerk of the said county.

SEC. 3. The judge of the said circuit shall thereafter, when fixing and appointing the times of holding the several terms within his circuit, in such appointment determine and designato which of the regular terms, to be then fixed and appointed, shall be so held within said city of Au Sable, for the two years next ensuing.

This act is ordered to take immediate effect.
Approved April 16, 1891.

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[ No. 33. ] AN ACT making an appropriation for the Michigan

Pioneer and Historical Society, for the years eighteen hundred and ninety-one and eighteen hundred and ninety-two.

SECTION 1. The People of the State of Michigan enact, Appropriation. That there is hereby appropriated to the Michigan Pioneer and Historical Society, from the general fund, the sum of one thousand dollars, as follows: The sum of five hundred dollars for the year eighteen hundred and ninety-one, and the sum of five hundred dollars for the year eighteen hundred and ninety-two, which said sums of money shall be Purpose of. expended by said Michigan Pioneer and Historical society in collecting, arranging and preserving a library of books, pamphlets, maps, charts, manuscripts, papers, paintings, statuary and other materials illustrative of and relating to the history of Michigan; to rescue from oblivion the memory of its early pioneers; to procure and preserve narratives of their early exploits, perils, privations, hardy adventures and noble achievements; to collect material of every description relative to the history, genius, progress or decay of our Indian tribes; to exhibit faithfully the past and the present resources of Michigan. SEC. 2. There is hereby further appropriated to said Additional

appropriation. Michigan Pioneer and Historical Society, from the general fund, the sum of four thousand dollars, as follows: The sum of two thousand dollars for the year eighteen hundred and ninety-one, and the sum of two thousand dollars for the year eighteen hundred and ninety-two, or as much thereof as may be necessary to publish two volumes of historical Purpose of. and other material relative to and illustrative of the history of Michigan. Said Michigan Pioneer and Historical Society shall collect, arrange and prepare the materials for said volumes for printing, which shall be printed by the State printer, under the direction and superintendence of said Michigan Pioneer and Historical Society, and said volumes Size of volumes. shall not contain more than seven hundred and thirty pages each and shall be printed and published in kind of type, quality of paper, style of binding and printing similar to the "Pioneer Collections” heretofore published by said Michigan Pioneer and Historical Society, and said Michigan Pioneer Number of and Historical Society shall not publish or issue more than copies. three thousand copies of each of said volumes published as provided for in this act.

SEC. 3. Five hundred copies of each volume published, as Disposition of. heretofore in this act provided for, shall be deposited in the State Library of Michigan for exchange with the Pioneer and Historical Societies of domestic and foreign states and governments, and the officers of said Michigan Pioneer and Historical Society shall make a further distribution of one copy of each of said volumes to each of the duly and legally

incorporated public libraries in the State of Michigan when authoritatively and officially requested so to do by the legally elected officers or other legally constituted managers of said public libraries, and the residue and remainder of said copies of said volumes shall be delivered to and be in the custody and care of the State Librarian, to be sold by said Librarian at a price not less than seventy-five cents per copy, and the moneys arising from such sales shall be deposited in the

State Treasury to the credit of the general fund. How money to SEC. 4. The various sums appropriated by this act shall be drawn

be placed to the credit of the State Pioneer and Historical Society, on the books of the Auditor General's office, and shall be drawn from the State Treasury only on the warrant of the Auditor General in payment of vouchers duly certified by the president and secretary of said society, for expenditures actually incurred in accordance with the pro

visions of this act. Officers not to re- SEC. 5. No part of the annual appropriations shall ever ceive any part thereof.

be paid for any services rendered by its officers to the society
while in the discharge of their official duties.

This act is ordered to take immediate effect.
Approved April 16, 1891.

[No. 34.]

Appropriation, purposes, etc.

AN ACT making an appropriation for the support of the

State Public School for the years eighteen hundred and
ninety-one and eighteen hundred and ninety-two, for
making improvements at that institution and to provide a
tax for the same.
SECTION 1. The People of the State of Michigan enact,

, That the sum of thirty-five thousand dollars be and the same is hereby appropriated out of the general fund to meet the current expenses of the State Public School for the year eighteen hundred and ninety-one; and that the further sum of thirty-five thousand dollars be and the same is hereby appropriated out of the general fund to meet the current expenses of the State Public School for the year eighteen hundred and ninety-two; and that the further sum of five thousand three hundred dollars be and the same is hereby appropriated out of the general fund for the following named purposes for the State Public School: For general repairs on building and painting, two thousand five hundred dollars; for slate or metal roofs on main buildings and cottages, one thousand dollars; for furniture and bedding for cottages and main building, eight hundred dollars; for improvements in the hospital buildings, six hundred dollars; and for a new washer and improvements in the laundry, four hundred dollars.

SEC. 2. That the general sums appropriated by the pro- How paid, etc. visions of this act shall be passed to the credit of the State Public School and paid to the board of control of that institution, or to its treasurer, at such times and in such amounts and manner as is now provided by law and this act, and as may be made to appear to the Auditor General to be necessary.

SEC. 3. The Auditor General shall add to and incorporate To be incorpowith the State tax for the year eighteen hundred and ninetyone, the sum of thirty-eight thousand dollars and for the year eighteen hundred and ninety-two the sum of thirtyseven thousand three hundred dollars to be assessed, levied and collected, which sums when collected shall be passed to the credit of the general fund to reimburse it for the sums appropriated by section one of this act.

This act is ordered to take immediate effect.
Approved April 16, 1891.

rated in taxes for 1891-92.

Unlawful to fish in certain man.

[ No. 35. ] AN ACT to prevent the taking, catching or destruction of

fish in Donnell's lake and Diamond lake in Penn township, Mud lake in Calvin township and Indian lake, Dewey lake, Cable lake, Magician lake and Crooked lake in Silver Creek township, all in the county of Cass; and Crooked lake and Round lake in the township of Keeler in Van Buren county; and Brush lake in the townships of Berrien and Pipestone, and Long Lake in Berrien township, Berrien county, and Lee lake in Newton township in the county of Calhoun. SECTION 1. The People of the State of Michigan enact, Unlawful to fish That it shall not be lawful for any person to take, catch or ner, etc. kill any fish in the lakes known as Donnell's lake and Diamond lake in Penn township, Mud lake in Calvin township and Indian lake, Dewey lake, Cable lake, Magician lake and Crooked lake in Silver Creek township, all in the county of Cass; and Crooked lake and Round lake in the township of Keeler in Van Buren county; and Brush lake in the townships of Berrien and Pipestone, and Long lake in Berrien township, Berrien county; Lee lake in Newton township, county of Calhoun, with spear, net, [grap-hook] grab-hook or by the use of jacks or artificial light of any kind, or any kind of fire-arms or explosive material, set lines or other device, except the hook and line.

Sec. 2. Any person violating any of the provisions of violation a this act shall be deemed guilty of a misdemeanor, and upon " conviction thereof, shall be fined not to exceed twenty-five Penalty. dollars and costs of prosecution, or imprisoned in the county jail not to exceed thirty days, or both such fine and imprisonment, in the discretion of the court.

misdemeanor.

Evidence of violation of act.

SEC. 3. In all prosecutions under this act it shall be prima facie evidence on the part of the people of the violation of the provisions of this act, to show that the defendant was found upon the waters of said lakes with spear, net, trapnet, jack or artificial light of any kind, or with dynamite, giant powder, or any other explosive substance or combination of substances.

This act is ordered to take immediate effect.
Approved April 21, 1891.

[ No. 36.

City may purchase rights of toll road companies, etc.

May condemn such rights,

AN ACT to authorize the cities and townships of this

State to acquire by purchase or condemnation all the rights of toll or plank road companies in the streets or highways of such city or township, and to authorize such toll or plank road companies to sell the whole or any portion of its road or franchise to any city or township in which the same may be located, or to any other person or corporation. Section 1: The People of the State of Michigan enact, That any city of the State in which any toll road company has the right to maintain gates or collect toll, [on] or any street or highway within said city, may purchase all rights of said company in such street or highway at a valuation to be agreed on between the common council of the city and the board of directors of such toll road company.

SEC. 2. In case no agreement can be reached for the purchase of the rights of such toll road company, said city is authorized to condemn such rights in which condemnation such city shall proceed as in the condemnation of lands for streets, according to the provisions of act number one hundred and twenty-four of the public acts of one thousand eight hundred and eighty-three, and the acts amendatory thereof, so far as the same are applicable, but the damages to which such company may be entitled shall be paid wholly by said city

SEC. 3. Any plank road company organized under any of the laws of this State, is hereby authorized to sell the whole or any portion of its road and franchises to any city, township, person, or corporation on such terms as may be mutually agreed upon.

This act is ordered to take immediate effect.
Approved April 21, 1891.

Authority to sell,

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