[No. 6%.] AN ACT to protect and preserve the Quanicassee and Cheboygan ning State ditch. use of said SECTION 1. The People of the State of Michigan enact, That no Prohibiting person shall put into or run in or down the State ditch, known as ditches for all the Quanicassee and Cheboyganning State ditch, situate in township floatables except. thirteen (13) north, of range six (6) east, Bay county, any logs,, row-boats. timber rafts, ties, posts, poles, cord wood, hoops, or other floatables, other than canoes or row-boats. SEC. 2. Any person violating any of the provisions of this act Penalty. shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than one hundred dollars or by imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment in the discretion of the court, together with costs of prosecution. Approved March 17, 1883. [No. 68. ] AN ACT to provide for laying out of a State road in the county of Grand Traverse. commissioner to SECTION 1. The People of the State of Michigan enact, That Appointment of the governor be and he is hereby authorized, within ninety days lay out road after the passage of this act, to appoint a commissioner to lay out authorized. and establish a State road on the most eligible route, from the head of the west arm of Grand Traverse bay, southwesterly through the towns of Garfield, Traverse, Blair, and Grant to the south line of Grand Traverse county. be made and filed. of SEC. 2. It shall be the duty of said commissioner, within three survey, etc., to years after the passage of this act, to proceed to lay out and establish at said road, as provided in section one (1), and cause the same to be surveyed, and a description thereof to be filed with the township, clerk of the townships through which said road shall be laid. SEC. 3. The commissioner, appointed in accordance with the pro- Taking of private visions of section one of this act, may make application to the cir- property for purcuit court for the county of Grand Traverse, at any regular term thereof, for the appointment of three commissioners, whose duty it shall be, when private property, is taken for said road, to ascertain the necessity of taking the same and appraise the damage therefor, if any is claimed, and the necessity of taking said property, and the damage therefor shall be certified to by said commissioners, and the certificates thereof shall be filed in the office of the township clerk of the township within which the land so taken and condemned shall lie. SEC. 4. The said commissioner, provided for in section one of Compensation of this act, shall receive two dollars per day, for each day necessarily commissioner. employed in the performance of his duties under this act. Compensation of commissioners appointed by court. Expense of lay ing out road. Claims for damages, etc. State not liable. Road to be laid out, etc., within three years. Duties of highway commissioners in reference to. Right of way through State lands. SEC. 5. The commissioners appointed by section three of this act shall each receive the sum of two (2) dollars for each day they are necessarily employed in the performance of their duties. SEC. 6. All expenses relating to the laying out of said road, including salaries of commissioners, and damages allowed to owners of property, shall be paid by the township through which said road shall run; each township paying all the expenses incurred in laying out and opening the road in that township, as also the right of way through said township. SEC. 7. The claims for the damage for the right of way, as certified to by the commissioners mentioned in section three of this act, and all other expenses as they shall be ascertained, audited, and allowed by the township board of said township, shall be paid out of the general highway fund on the order of the supervisor and countersigned by the township clerk. SEC. 8. The State shall not be liable for any expenses incurred, or damages sustained by reason of this act. SEC. 9. No portion of said road shall be laid out or established after three years from the date of the passage of this act. SEC. 10. It shall be the duty of the commissioner of highways in any organized township, through which the said road may pass, to open and work the same, in the same manner, and by virtue of the same law, as township roads are required to be opened and worked. SEC. 11. The right of way for said road is hereby granted through any lands belonging to the State of Michigan. Ordered to take immediate effect. [No. 69.] Appointment of commissioner to lay out road authorized. Survey, etc., to be made and filed, Taking of private property AN ACT to provide for the laying out of a State road in the county of Leelanaw. SECTION 1. The People of the State of Michigan enact, That the governor be and he is hereby authorized, within ninety days after the passage of this act, to appoint a commissioner to lay out and establish a State road on the most eligible route, from the head of the west arm of Grand Traverse bay to some point on lake Michigan, in township twenty-eight (28) north, range fifteen west, with a branch from some point on said road to Crapo [Carp] lake, and along the east shore of said lake to the narrows of said lake. Also, a branch from some point on the line of said road to Good Harbor, via Maple city. SEC. 2. It shall be the duty of said commissioner, within three years after the passage of this act, to proceed to lay out and establish said road, as provided in section one of this act, and cause the same to be surveyed, and a description thereof to be filed with the township clerk of the town through which such road shall be laid. SEC. 3. The commissioner, appointed in accordance with the for use of road. provisions of section one of this act, may make application to the circuit court for the county of Leelanaw, at any regular term thereof, for the appointment of three commissioners, whose duty it shall be, when private property is taken for said road, to ascertain the necessity of taking the same, and appraise the damage therefor, if any is claimed; and the necessity of taking said property, and the damage therefor, shall be certified to by said commissioners, and the certificates thereof shall be filed in the office of the township clerk, of the township within which the land so taken and condemned shall lie. commissioner. SEC. 4. The said commissioner provided for in section one of Compensation of this act shall receive two dollars per day for each day necessarily employed in the performance of his duties under this act. of commissioners SEC. 5. The commissioners, appointed by section three of this Compensation act, shali each receive the sum of two dollars for each day they are appointed by necessarily employed in the performance of their duties. court. road how paid. SEC. 6. All expenses relating to the laying out of said roads, Expense of including salaries of commissioners, and damages allowed to laying out of owners of property, shall be paid by the township through which said road shall run, each township paying all the expenses incurred in laying out and opening the road in that township, and paying for rights of way through said township. SEC. 7. The claims for the damages for the right of way as cer- Claims for tified to by the commissioners mentioned in section three of this act, damages, etc. and all other expenses as they shall be ascertained, audited, and allowed by the township board of said township, shall be paid out of the general highway fund on the order of the supervisor and countersigned by the township clerk. SEC. 8. The State shall not be liable for any expenses incurred State not liable, or sustained by reason of this act. Road to be laid out, etc., within three years. SEC. 9. No portion of said road shall be laid out or established after three years from the date of the passage of this act. SEC. 10. It shall be the duty of the commissioner of highways Duties of high. in any organized township through which the said roads may pass, Honers in to open and work the same in the same manner and by virtue of reference to. the same law as township roads are required to be opened and worked. way commis SEC. 11. The right of way for said roads is hereby granted Right of way through any lands belonging to the State of Michigan. Ordered to take immediate effect. Approved April 10, 1883. [ No. 70. ] through State lands. AN ACT to amend section one, act number seventy-five, session amended. Appropriation 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 counties," be and the same is hereby amended to read as follows: SECTION. 1. The People of the State of Michigan enact, That of State swamp 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 southwest 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 northwest 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 appronot to be in. creased, etc. priation by reason of the change of route. Approved May 3, 1883. [ No. 71. ] Punishment for assault with intent to do great bodily harm. 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 of 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 phones, wires, connection with corporation, engaged in the business of leasing telephones to the Telephone public, or supplying the public with telephones, and telephonic ser- receive and transvice, or operating a telephone exchange, to receive and transmit, mit messages, etc. 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 teledelay, without discrimination, and without any further or addi- fixtures, etc., and tional charge to the person, firm, or 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 tion, 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 this State, and may be enjoined therefrom, and from leasing telephones 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 in court. 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. [ No. 73. ] AN ACT to provide for enforcing the specific performance of option contracts for mining leases or licenses of lands in this State. refusal of com punished. performance of in circuit courts. 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 for 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 |