Abbildungen der Seite
PDF
EPUB

Expense of.

Proviso.

Discrimination forbidden.

Maintaining platforms, etc., at points of intersection.

Expense of.

Connecting tracks.

Discrimination in rates forbidden.

Penalty,

Powers of rail.

steamboats, etc.,

or companies whose road or roads it desires to cross or connect with of the time when and the place where it desires to make such crossing or connection, and if said company cannot agree with such other company as to the manner of making such crossing, whether at grade or otherwise, the same shall be determined by a board consisting of the attorney general, secretary of State, and commissioner of railroads, who shall have power to and shall decide the manner of crossing, the proportion of cost which cach company shall pay for making and for maintaining the same, but the proportion of expense for maintaining the same may be reviewed at any time by said board on application of either company, and the proportion of expense again determined: Provided, That in determining the manner of crossing, the board shall always provide that one road shall pass over the other where the same can be done without injustice to either company.

SEC. 41. All railroad corporations shall grant equal facilities for the transportation of passengers and freight to all persons, companies, or corporations, without discrimination in favor of any individuals, companies, or corporations, and shall, at all points of connection, or intersection with the roads of other corporations, unite with such corporations in establishing and maintaining suitable platforms and station houses, for the convenience of passengers desiring to transfer from one road to the other, and for the transfer of baggage or freight, whenever the same shall be desired by either corporation, or ordered by the commissioner of railroads; the expense of constructing and maintaining such station house and platform shall be paid equally by such corporations. Such corporations connecting or intersecting as aforesaid, shall also, whenever desired by either of them, or ordered by the commissioner of railroads, so unite and connect the tracks of said several corporations, as to permit the transfer from the track of one corporation to the other of loaded or unloaded cars, designated [esigned] for transportation upon both roads. No railroad corporation shall in any manner discriminate in its rates of freight tariff, in favor of any individual, company, or corporation doing business over its line [of] road, and shall grant the same rights and privileges to all shippers, subject to the same rates and classification, without rebate or any other special privilege or rate not extended to all other shippers in the same class, who ship a like quantity or quantities. Any railroad corporation refusing to comply with any of the provisions of this section shall be liable to a penalty not exceeding five hundred dollars.

SEC. 45. Any railroad company in this State having either, or roads to run, etc., both, of its termini at the shore of one of the navigable lakes or in certain cases. streams through which the boundary line between this State and other States, or the Dominion of Canada passes, where physical connection between its road and other railroads without the State is impracticable by reason of such intervening navigable body of water, may own and operate on such body of water such number of steamboats, barges, or vessels as the traffic of passengers and freight between it and such other railroads shall render necessary,

or it may loan money to any person or corporation in aid of the construction of steamboats, barges, or other vessels to be so operated.

passenger train

SEC. 46. That any railroad company or corporation owning or Railroad comoperating any railroad, wholly or partly within this State, and panies to run one which has received aid from private individuals along its line of each day, etc. road in the construction of the same, shall maintain and run at least one passenger train each way over that portion of its road within this State, every week-day, unless prevented by accident or the elements, which train shall not be used for the transportation of freight, and such railroad company shall furnish sufficient accommodation with such train for the transportation of all such passengers as shall within a reasonable time previous thereto be ready at the several stations on its railroad at the junctions of other railroads, and at such stopping places as may be established for receiving and discharging way passengers, and shall take, receive, transport, and discharge such passengers at, from, and to such stations, junctions, and places, upon payment, or tender of payment, of the fare legally authorized therefor, if such payment shall be demanded. Any railroad company or corporation refus- Penalty. ing to comply with any of the provisions of this section shall be liable to a penalty not exceeding five hundred dollars for each and Proviso. every offense: Provided, That the provisions of this section shall not apply to narrow gauge railroads, or to express or baggage freights.

ARTICLE III.

receipts.

of other taxes.

SECTION 3. Every company formed under the provisions of this Payment of tax act shall, on or before the first day of July in each year, pay to the "pro State treasurer, on the statement of the auditor general, an annual tax upon the gross receipts of said company, computed in the following manner, viz.: Upon all gross receipts, not exceeding four Computation of thousand dollars in amount per mile of road, actually and regularly gross receipts. operated for the conveyance of passengers and freight, two per cent of such gross earnings; upon such gross receipts in excess of four thousand dollars per mile so operated, three per cent thereof; which To be in lieu amount or tax shall be in lieu of all other taxes upon the property of such companies, except such real estate as is owned and can be conveyed by such corporation under the laws of this State, and not actually occupied in the exercise of its franchises, and not necessary, or in use in the proper operation of its road; but such real estate so Certain real esexcepted shall be liable to taxation in the same manner, and for the tate, how taxed. same purposes, and to the same extent, and subject to the same conditions and limitations as to assessment for taxation, to taxation, and to the collection and return of taxes thereon as is other real estate in the several townships within which the same may be situated, and when a railroad lies partly within and partly without this State, there shall be paid such portion of the tax herein imposed as the length of the operated road lying within this State bears to the whole length of the operated portion thereof. And the road of any

What deemed

within and partly without State.

corporation organized under the laws of different States, and conroad lying partly solidated with a road belonging to a corporation organized under the laws of this State, the entire road so consolidated being known by the same corporate name, controlled by the same directors, and under the same management, represented by the same capital stock, and using the same equipments, shall be deemed and held to be a road lying partly within and partly without the State, within the meaning of the provisions of this act; and proprietary lines or leased roads, controlled and operated by any such corporation last herein specified, if within the State of Michigan, or lying partly within or partly without the State, shall be reported and taxed separately as a distinct corporation, and if such proprietary lines or leased roads lie wholly without the State they shall not be deemed to form any part whatsoever of the corporation proper liable to taxation under the laws of this State.

What deemed as a distinct corporation.

Lien of State upon roads for taxes, penalties, etc.

Trains to stop other railroads.

What train to have precedence.

SEC. 5. This State shall have a lien upon all railroads therein, and their appurtenances, and stock therein, for all penalties, taxes, and dues which may accrue to the State from the companies owning or operating the same, which lien of the State shall take precedence of all demands, judgments, assignments by warranty deed, or otherwise, or decrees against said companies, and each citizen of the State shall have a lien upon all the personal property of said company, for all penalties, dues, and demands against any such company to the amount of one hundred dollars, originally incurred or contracted within this State, which, after said lien of the State, shall take precedence of all other debts, demands, judgments, assignments by warranty deed, or otherwise, or decrees, liens, or mortgages against said company.

ARTICLE IV.

SECTION 14. Every locomotive engine, passenger, freight, or other train of cars running on any railroad shall be brought to a full stop not nearer than two hundred feet nor further than eight hundred feet from any railroad crossing, and shall not cross until the way is clear, and when two passenger or freight trains come up at the same time, the train on the road first built shall have precedence, provided they are both main tracks over which passengers and freights on said road are transported, but if only one is such main track, and the other is a side or depot track, then the train on the main track shall take precedence, but if one of said trains is à passenger and the other a freight train, then the former shall take the precedence, and every engineer, conductor, or other person having charge or control of said engine or train, who shall offend against the provisions of this section, shall be liable to a fine of not exceeding one hundred dollars for each violation: Provided, That whenProviso in case of ever there shall be adopted and used at any such crossing an interlocking switch and signal system, or other device, which in the judgment of the commissioner of railroads will render it safe to permit engines and trains to pass over such crossings without being brought to a stop as above provided, said commissioner may, by a written

Penalty for violation.

interlocking

switch, etc.

of frogs,

order, a copy of which shall be filed and retained in his office, give permission for engines and trains to pass under such regulations as to rate of speed, and in other respects as he may deem proper, which order, however, said commissioner may at any time modify or revoke. SEC. 22. All person or persons, railroad companies or corporations, Blocking, etc., owning or operating roads in this State shall, and are hereby switches, etc. required on or before the first day of January, one thousand eight hundred and eighty four, to so adjust, fill or block the frogs, switches, and guard rails on their roads, in all yards, divisional and terminal stations, and where trains are made up, as to prevent the feet of employés or other persons from being caught therein. Any railroad Penalty for company or corporation, which shall fail to comply with the provisions of this section, shall be liable to a fine of not less than one hundred dollars, nor more than one thousand dollars, and the neglect of any such person, company, or corporation to comply with the provisions of this section shall be deemed a violation of the same. All penalties incurred under this act may be recovered in the manner provided by law for the recovery of penalties incurred by private persons.

Approved June 7, 1883.

failure.

[No. 175.]

incorporators.

AN ACT to provide for the incorporation of merchants' mutual insurance companies, and to regulate the business of insurance by merchants' and manufacturers' mutual insurance companies. SECTION 1. The People of the State of Michigan enact, That any Number of number of owners of real or personal property, who are residents of this State, not less than ten in number, may associate together and form an incorporated company, for the purpose of mutual insurance of the property of its members, against loss or damage by fire, or lightning, which property to be insured shall consist of any and all classes of property in cities and villages: Provided, Proviso. however, That such companies shall not insure mills and factories.

be filed with

SEC. 2. Such persons so associating, shall file in the office of the Statement to commissioner of insurance, a statement, signed by all the incor- commissioner porators, setting forth their purpose of forming a corporation for of insurance. the transaction of the business of mutual insurance, in accordance with the provisions of this act, the name by which the corporation shall be known, the town or city, which shall be within the State, in which the principal office of said corporation is to be located, and a copy of the articles of association proposed to be adopted; notice of the intention to form such corporation shall be published Notice of inten. once in each week, for at lest five successive weeks, in a public lished, etc. newspaper published in the county where the principal office of said corporation is proposed to be located; affidavits of the publication of such notices, by the printer of the newspaper in which the same has been published, or of some one in his employ, knowing of such publication, may be filed in the office of the commis

tion to be pub

[merged small][merged small][merged small][merged small][ocr errors]

sioner of insurance, and shall be evidence of the facts therein stated.

SEC. 3. The persons so associating, after having filed the statement and published the notices as aforesaid, may open books to receive propositions, and enter into agreements in manner hereinafter specified, and in accordance with the articles of association of said corporation: Provided, however, That insurance companies organized as aforesaid shall not commence business until such company shall be possessed of not less than fifty thousand dollars in premiums, upon which not less than five thousand dollars shall have been paid in cash, and the remainder in notes or agreements of solvent parties, founded on actual and bona fide applications for insurance. Such notes or agreements may be for any amount deemed adequate by the directors of such company, but in no event shall any note, taken by such company, whether prior or subsequent to its organization, be for more than ten times the actual cash premium, or payment collected thereon, nor shall any such company, at any time, expose itself to loss, on any one risk, in excess of ten per cent of the face of all the deposit and premium notes or agreement in force held by such company.

SEC. 4. The companies formed under this act shall not purchase or hold any real estate except:

First, Such as shall be necessary for their immediate accommodation in transacting business; or

Second, Such as shall have been conveyed, or mortgaged to the companies in good faith, by way of security for debts; or

Third, Such as shall have been conveyed to the companies in satisfaction for debts; or

Fourth, Such as shall have been purchased at sales upon judgments, decrees, or mortgages in favor of said companies, or held or owned by them, and all real estate obtained by virtue of any provisions of this section, except that mentioned in the first subdivision, shall be sold or disposed of within five years after the title has been perfected in any such company, unless the company shall procure a certificate from the commissioner of insurance that the interest of said company will materially suffer by forced sale, in which event the sale may be postponed for such period as the said. commissioner of insurance shall direct in said certificate, not exceeding ten years in all.

SEC. 5. It shall be the duty of the corporators of any company organized under the provisions of this act, to declare in its articles of association, which is hereby required to be filed with and approved by the commissioner of insurance, the mode and manner in which the corporate powers given under and by virtue of this act are to be exercised, the mode and manner of choosing officers, trustees, or directors, who shall each and all of them be residents of this State, the filling of vacancies, the period for the commencement and termination of its fiscal year, and shall prescribe the liabilities of the members to be assessed toward [towards] defraying the losses and expenses of such companies, and the mode and manner of collecting such assessments, and the members shall be

« ZurückWeiter »