Construction upon streets, etc, Compensation to adjacent owners. To unite, etc.. with other roads. Transportation of persons and property. ence to amount 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 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 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 highways of any township in which the same may be; but such railway shall not be constructed upon any public street, lane, alley, highway, or private way, until damages and compensation be made by the railroad company therefor, to the owner or 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 ascertained 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 railroad, now or hereafter constructed, under any law whatever, at a any point on its route, and upon the grounds of such other railroad now or hereafter constructed, with the necessary turnouts, sidings, and switches, and other 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 and property on their said road, 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 transProviso in refer- porting freight by the car, loaded by the shipper, and unloaded by to be charged. 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; To erect buildings, etc. Eighth, To erect and maintain all necessary and convenient buildings, stations, depots, and fixtures, and machinery for the accom modation and use of their passengers, freight, and business, and to obtain and hold all the lands necessary therefor; and manner of sation. Ninth, To regulate the time and manner in which passengers To regulate time and property shall be transported, and the tolls and compensation transportation to be paid therefor; but such compensation for transporting any and compenpassenger, and his or her ordinary baggage, not exceeding in weight one hundred pounds, shall not, except on railroads operating less than twenty miles of road, exceed the following prices, viz.: For a distance not exceeding five miles, four cents per mile; for all other distances, not exceeding three cents per mile; and no fare shall be less than five cents, and that amount in any case may be charged and collected; and the price of tickets may, for convenience in making change, be fixed for that multiple of five which is nearest the exact amount of the fare in each case, as fixed by the foregoing rates: Provided, That in the upper peninsula five cents per Proviso. mile may be charged and collected on all railroads: And provided further, That the provisions of this act shall not apply to the Paw Further proviso, Paw railroad. Approved May 24, 1883. [No. 117.] AN ACT to amend section seven of act number two hundred and two, of the session laws of eighteen hundred and seventy-seven, as amended, relative to the erection and maintenance of shutes for the passage of fish through the dams across the streams of this State. amended, SECTION 1. The People of the State of Michigan enact, That Section section seven of act number two hundred and two, of the session laws of eighteen hundred and seventy-seven, as amended, relative to the erection and maintenance of shutes for the passage of fish through the dams across the streams of this State, be amended so as to read as follows: be inspector struction SEC. 7. The supervisor of each township is hereby made inspector Supervisor to of dams in his township during his term of office, and it shall be of dams. his duty, upon the application of twelve freeholders in his town- Duty in refership, to lay their application before the board of supervisors at encetion of their next regular meeting, and upon the approval of said board, fish shutes. he shall cause to be constructed by the owner of said dam a fish shute, or ladder, as provided by the terms of this act, the expense Expense of. thereof to be audited and allowed by said board of supervisors, and paid out of the general or contingent fund of said county. It shall Prosecutions for be the duty of the supervisor to prosecute, in the name of the people, with the aid of the prosecuting attorney of his county, in all cases where this law is not compiled with. The supervisor shall be paid Pay of out of the contingent fund of the county the sum of two dollars for every day actually spent in the inspection of dams in his township, or while actually employed or engaged in the prosecution of any non-compliance. supervisor, Section amended. Salaries of State officers, deputies, and clerks, suit under this act, to be allowed and paid by the board of supervisors. This act is ordered to take immediate effect. Approved May 24, 1883. [ No. 118. ] AN ACT to amend section one of an act entitled "An act for the payment of the salaries of the State officers," approved April seventeenth, eighteen hundred and seventy-one, being section four hundred and twenty, of the compiled laws of eighteen hundred and seventy-one. Said section one, compiled section four hundred and twenty, being as amended by act number one hundred and seventy-one, of the session laws of eighteen hundred and seventy five, act number sixty-one, of the session laws of eighteen hundred and seventy-nine, and act number two hundred and twenty-four, of the session laws of eighteen hundred and eighty-one. SECTION 1. The People of the State of Michigan enact, That section one of an act, entitled "An act for the payment of the salaries of the State officers," approved April seventeenth, eighteen hundred and seventy-one, being section four hundred and twenty, of the compiled laws of eighteen hundred and seventy-one, as amended by act number one hundred and seventy-one, of the session laws of eighteen hundred and seventy-five, act number sixty-one, of the session laws of eighteen hundred and seventy nine, and act number two hundred and twenty-four, of the session laws of eighteen hundred and eighty-one, be amended to read as follows: SECTION 1. That there be and the same is hereby appropriated out of any moneys in the treasury to the credit of the general fund, not otherwise appropriated, the following sums for the salaries of the State officers for the year eighteen hundred and eighty-three, and each year thereafter: For governor, one thousand dollars; for the salaries of the justices of the supreme court, four thousand dollars each; for the salaries of the judges of the circuit courts, and the judge of the recorder's court of the city of Detroit, two thousand five hundred dollars each; for the salary of the auditor general, two thousand dollars; for the salaries of the State treasurer, secretary of the board of agriculture, and superintendent of public instruction, one thousand dollars each; for the salaries of the commissioner of the State land office, the secretary of State, and attorney general, eight hundred dollars each; for the salary of the State librarian, one thousand dollars; for the salary of the deputy State treasurer, and deputy auditor general, one thousand eight hundred dollars each; for the salaries of the deputy secretary of State, and the deputy commissioner of the State land office, one thousand eight hundred dollars each; for the salary of the deputy superintendent of public instruction, one thousand eight hundred dollars; for the salary of the governor's private secretary, sixteen hundred dollars; for the salary of the cashier, book-keeper, and chief clerk This act is ordered to take immediate effect. [ No. 119. ] AN ACT to amend compiler's section four thousand five hundred and seventy, being section twenty-six, chapter one hundred and sixty-three of compiled laws of eighteen hundred and seventyone, relative to the sale of real estate by administrator or executor for the purpose of distribution. SECTION 1. The People of the State of Michigan enact, That sec- Section tion twenty-six of chapter one hundred and sixty-three of the com- amended. piled laws of eighteen hundred and seventy-one, being compiler's section forty-five hundred and seventy, be and the same is hereby amended so as to read as follows: pay legacy, etc., may be sold. devised may be sold for (4570.) SEC. 26. When a testator shall have given any legacy by a when assets will that is effectual to pass or charge real estate, and his goods, insufficient to chattels, rights, and credits shall be insufficient to pay such legacy, real estate together with his debts and charges of administration, the executor or administrator, with the will annexed, may be licensed to sell his real estate for that purpose, or when a testator shall have given any when real estate real estate to two or more persons, and it shall appear to the satisfaction of the judge of probate having jurisdiction of the case, distribution. upon the application of any person interested in said real estate as devisee or legatee, and after a full hearing thereon, that it is necessary or will be for the best interest of the persons interested in said real estate as such devisees or legatees, to sell the same for the purpose of distribution; or when a person shall die intestate, and it Real estate of shall be shown to the satisfaction of the probate judge having juris- for distribution. diction of the case, that it is necessary, or for the interest of the persons interested in the estate of such intestate, to sell the real estate of such intestate persons, for the purposes of distribution, intestates sold Proviso. Section amended. Amending defective bonds new ones. the administrator may be licensed to sell the real estate of such person, in the same manner, and upon the same terms and conditions as are prescribed in said chapter in the case of a sale for the payment of debts: Provided, That in case of a testate estate the application shall be approved by the persons owning a majority in interest of said real estate. Approved May 25, 1883. [No. 120. ] AN ACT to amend section forty-two (42), of chapter one hundred and seven (107), of the revised statutes of eighteen hundred and forty-six, being section six thousand one hundred and eightyseven (6187), of the compiled laws of eighteen hundred and seventy-one, relative to defects in bonds. SECTION 1. The People of the State of Michigan enact, That section forty-two (42), of chapter one hundred and seven (107), of the revised statutes of eighteen hundred and forty-six, being section six thousand one hundred and eighty-seven (6187), of the compiled laws of eighteen hundred and seventy-one, be and the same is hereby amended so as to read as follows: (6187.) SEC. 42. Whenever such bond has been heretofore, or and substituting shall hereafter be given, and shall be defective in any respect, the court officer, or body who would be authorized to receive the same, or to entertain any proceedings in consequence of such bond, if the same had been perfect, may, on the application of all the obligors therein, amend the same in any respect, or may, on the application of the person required to give such bond, allow a new one to be substituted in the place thereof, bearing date at the time when such bond was required to be given, and such bond shall thereupon be deemed valid from the time of the execution of such defective bond. When application is made to amend, said court, officer, or body shall have power to amend such bond in any respect, and without regard to the particular amendment applied for, so as to make said defective bond such a one as might have been required when the latter was given. When a new bond is allowed, it shall be such in form, penalty, and other respects, as might have been demanded when the defective bond was given. Section added. Approved May 25, 1883. [No. 121. ] AN ACT to amend an act entitled "An act relative to the organization and powers of fire and marine insurance companies transacting business within this State," approved April three, eighteen hundred and sixty-nine, as amended by the several acts amendatory thereof, by adding a new section thereto, to stand as section forty-two, of said act. SECTION 1. The People of the State of Michigan enact, That an act entitled "An act relating to the organization and powers of fire |