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of State swamp land authorized.

Where road to run.

of State swamp lands for the drainage and reclamation of certain lands by the construction of a State road from Little Traverse, in Emmet county to Mackinaw city, in Emmet and Cheboygan coun

ties,” be and the same is hereby amended to read as follows: Appropriation SECTION. 1. The People of the State of Michigan enact, That

ed the board of control of State swamp lands are authorized and

empowered, if by them deemed expedient and to the interest of the State, and especially to the section of the country thereby to be benefited by drainage and reclamation, and otherwise to appropriate not to exceed one and one-half sections of State swamp land per mile, for the construction of a State road, commencing at or near the southwest corner of section seven, in township thirty-five north, of range five west, thence running north as may be found practicable, to the south west corner of township thirty-seven north, of range five west, thence east three miles, thence north to intersect with the Cross village and Cheboygan State road at the north west corner of section three in said township thirty-seven north, thence east along said Cross village and Cheboygan State road two miles, to a point between sections one and two, in township thirty-seven north, of range five west, and sections thirty five and thirty-six, of township thirty-eight north, of range five west, thence running two miles and one hundred and twenty rods north, thence northwest to the quarter line of section twenty-three in said township thirty-eight, thence north to the center of section fourteen in said township thirty-eight, thence east one-half mile, thence north to the north line of section twelve, in said township thirty-eight north, of range five west, thence east to Carp river, thence north to Colburn's mill,

thence by the most feasible and direct route to Mackinaw City. Appropriation Nothing in this amendment shall add to the amount of the approcreased, etc.

priation by reason of the change of route.

Approved May 3, 1883.

not to be in.

[blocks in formation]

[ No. 71. ] AN ACT to punish persons guilty of assault with intent to do great

bodily harm. SECTION 1. The People of the State of Michigan enact, That any person who shall assault another with intent to do great bodily harm, less than the crime of murder, shall be punished by imprisonment in the State prison, not more than ten years, or by fine not exceeding eight hundred dollars, or by both, in the discretion of the court.

Approved May 3, 1883.

[ No. 72. ] AN ACT relating to telephone companies, and to regulate the use

and rental or telephones in this State. SECTION 1. The People of the State of Michigan enact, That it shall be the duty of every telephone company, or person, firm, or

companies to

mit messages, etc.

corporation, engaged in the business of leasing telephones to the Telephone public, or supplying the public with telephones, and telephonic ser- receive and trans. vice, or operating a telephone exchange, to receive and transmit, mi without discrimination, messages from and for any other company, person or persons, upon payment or tender of the usual or customary charges therefor, and upon payment or tender of the usual or customary charges, or usual or customary rental sum, it shall be the duty of every telephone company, or person or persons, firm or corporation, engaged in the business of leasing telephones to the public, or supplying the public with telephones and telephonic service, or operating a telephone exchange, to furnish without unreasonable To furnish telo

phones, wires, delay, without discrimination, and without any further or addi- fixtures, etc., and tional charge to the person, firm, or corporation applying for the connection with

corporation applying for the central office, same, including all telegraph companies, a telephone, or telephones, etc. with all the proper or necessary wires and fixtures, and the use of such telephones, wires, and fixtures, as well as connection with the central office, or telephone exchange, if desired, and shall connect the telephone of such person, firm, or corporation, with the telephone of any other person, firm, or corporation having connection with the same, or a connecting exchange, or central office, whenever requested so to do, without regard to the character of the message to be transmitted, provided they are not obscene nor profane; and every company, person, firm, or corpora- Neglect or

refusal of comtion, neglecting or refusing to comply with any of the provisions of panies, how this act, shall forfeit all right to transact a telephone business in puni this State, and may be enjoined therefrom, and from leasing tele· phones to the public, from supplying the public with telephones

and telephonic service, and from operating a telephone exchange, by bill of complaint filed in any court of competent jurisdiction, Proceedings by any person, firm, or corporation, injured, interested, or denied * co any of the rights herein given; or such person, firm, or corporation, Forfeitures. neglecting or refusing to comply with any of the provisions of this act, shall forfeit not less than twenty-five nor more than one hundred dollars, for each and every day such neglect or refusal shall continue, one-half to the use of the person, firm, or corporation : prosecuting therefor.

Approved May 3, 1883.

punished.

court.

[ No. 73. ] AN ACT to provide for enforcing the specific performance of option

contracts for mining leases or licenses of lands in this State. SECTION 1. The People of the State of Michigan enact, That Enforcing specific any person now or hereafter holding a mining option or agree- option contracts ment for a mining lease, or license, to explore or mine on lands in fur mining, etc this State, containing a clause allowing the lessee, his personal representatives or assigns, to surrender such lease or license at any time before the expiration of the term thereof, by giving notice, shall have an absolute right to have such option or agreement spe

in circuit courts.

Idem.

Hither party entitled to jury, etc.

cifically enforced in the circuit court in chancery, of the county where the whole or any portion of such lands are situated, if not in default himself, and in such case the court shall have full power to compel the person giving such option, his heirs or assigns, to execute a lease or license according to the terms thereof; and such court shall have the usual powers to enforce its decree as in other cases.

Sec. 2. Any person, now or hereafter holding an agreement for an interest in any mining lease or license from the lessee, shall have an absolute right to have the same specifically enforced in chancery, if not in default himself.

SEC. 3. Either party to a suit, commenced under the provisions of this act, shall be entitled to a jury and to an examination of all the witnesses in open court as in a suit at law, and the verdict of such jury shall have the same force and effect as the verdict of a jury in any other suit in chancery, and the court shall have full power to frame a proper issue or issues to be submitted to such jury. Either party may appeal to the supreme court, as in other chancery cases, and the supreme court shall have full power to review the evidence and render such decree as may seem just, or affirm, reverse, or modify the decree of the court below as in other chancery cases. Either party shall be entitled to make and settle a case, setting forth all the evidence introduced on the trial of the issue, the same as in other chancery cases.

SEC. 4. All mining options, leases, and licenses shall be assignable and may be enforced by the executors, administrators, personal representatives, or assigns of the party or parties whether such options contain words of assignability or not. Such contracts, leases, and licenses shall survive, and shall not be terminated by the death of either or any of the parties thereto.

Approved May 3, 1883.

Appeals to supreme court.

Assignment of
Jeases, etc.

Section amended.

[ No. 74. ] AN ACT to amend section four of act number nine of the session

laws of eighteen hundred and seventy-seven, entitled “ An act to authorize the appointment of a commissioner of mineral statistics, and defining the duties and compensation of the same.”

SECTION 1. The People of the State of Michigan enact, That section four of act number nine of the session laws of eighteen hundred and seventy-seven, entitled "An act to authorize the appointment of a commissioner of mineral statistics, and defining the duties and compensation of the same," be amended so as to read as follows:

SEC. 4. That an annual appropriation of two thousand five hundred dollars, to be paid to such commissioner in quarterly installments, be made, which sum shall cover the compensation and expenses of said commissioner, and for all surveys and explorations made by him or under his directions; and also include the cost of

Annual appropriation.

report.

publication, under his direction and control, of one thousand copies
of his report. Such commissioner shall have the right to publish Publication
and sell as many copies of his report in excess of such one thousand"
copies as he may elect, but without cost to the State: Provided, Proviso.
That nothing herein contained sball interfere with the publishing
by the State of the report of such commissioner for the year
eighteen hundred and eighty-two.

This act is ordered to take immediate effect.
Approved May 3, 1883.

[No. 75.]

State to purchase

of cupies of

AN ACT to provide for the purchase and distribution of volumes

containing the general laws of this State, with digest of court decisions thereon.

SECTION 1. The People of the State of Michigan enact, That the Secretary of secretary of State be and he is hereby directed to purchase for the reqnisite number use of the State, and for the use of the various State, county, and H. Welcompila. township officers, such number of copies of the work entitled “the tion, etc. general statutes of the State of Michigan, in force, including the acts of the extra session of eighteen hundred and eighty-two, with notes and digest of the decisions of the supreme court relating thereto," compiled and annotated by Andrew Howell, as may be required for the use of the State, and for the supply of and distribution to the officers and others to whom the "public acts” of each session of the legislature are supplied and distributed under and by the present existing provisions of law: Provided, Tbat such Proviso. . work shall be furnished to the State in two volumes, bound in full sheep binding, printed on good paper and in clear type; the size of page, type used, quality of paper, material, and binding, and the execution of the work to be equal in all respects to the sample of volume one of said work now in the State library. Said work to be delivered during the present year, properly packed for shipment at Lansing or Detroit as the secretary of State shall direct, and the same shall be paid for by the State when so delivered.

SEC. 2. The books or volumes of said work, when received by Distribution of, the secretary of State, shall be distributed by him to the officers and others to whom the "public acts," of the legislature are supplied and distributed as hereinbefore mentioned, under and in accordance with the laws now regulating the distribution of said “public

acts."

SEC. 3. The price to be paid by the State for all copies of said Price to be paid

and payment for. work, which now or hereafter may be needed, shall be two dollars and fifty cents per volume, to be paid to the publisher or publishers of said work by the State treasurer, on the warrant of the auditor general, out of any moneys in the State treasury not otherwise appropriated, the account thereof to be first certified to by the said secretary of State.

sale at Lansing for ten years.

Bond to be given to State.

To be kept on SEC. 4. From and after the date when the said work entitled the

sing general statutes of the State of Michigan, as specified in section

one of this act, shall be ready for distribution and sale, the publishers thereof shall keep the same on sale in the city of Lansing for a

term of ten years, and sell the same to the citizens of this State, Price. at a price not exceeding three dollars and fifty cents ($3.50) per

volume.

SEC. 5. Within thirty days after the passage and approval of this act, security in the sum of five thousand dollars ($5,000.00) shall be given to the State, in such form as the board of State auditors shall direct, and with at least two sufficient sureties, to be approved by said board, conditioned for the due publication of said general statutes of the State of Michigan, and the delivery of the copies thereof to the secretary of State, and the keeping of the same on sale in the city of Lansing, in accordance with the provisions of this act prescribed.

Ordered to take immediate effect. ,
Approved May 4, 1883.

Incorporation authorized

[ No. 76.] AN ACT to provide for the incorporation of the grand temple of

honor of the State of Michigan, and any subordinate “temple of honor" of the order of “templars of honor and temperance" in the State of Michigan.

SECTION 1. The People of the State of Michigan enact, That the grand temple of honor of the State of Michigan of “templars of honor and temperance” that now is or may hereafter be duly organized within this State, under and pursuant to the provisions of the constitution and laws of the “supreme council ” of the order of “templars of honor and temperance” may become a body cor

porate and politic in the manner following: Incorpoation First, At some regular session of such grand temple, held under to be voted upon.

and pursuant to the constitution and laws thereof, a resolution shall be put to vote of the members thereof, expressing the desire and determination of said grand temple to be incorporated, and directing the officers thereof to perfect such incorporation, and if such resolution receive a majority vote of the members present, it shall be declared passed, otherwise lost;

Second, On such resolution being so passed, the grand templar

and grand recorder shall prepare articles of association under their and contents of. hands and the seal of the said grand temple, setting forth the

number of persons then in good standing under the jurisdiction of said grand temple desiring incorporation; the name by which the grand temple is known, the date of its organization, a copy of the resolution mentioned in the first subdivision of this act; the corporate name by which the grand temple shall be known in the law; the place where the grand temple shall hold its general office; the object and purpose of the association, together with a

Articles of absociation, preparation,

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