term of office of

board shall have been voted, the voters at such annual meeting Election and shall proceed immediately to elect by ballot, from the qualified trustees. voters of the district, two trustees for a term of one year, two for a term of two years, and two for a term of three years; and annually thereafter two trustees shall be elected in the manner aforesaid, whose terms of office shall be three years, and until their successors shall have been elected and filed their acceptances. Approved April 22, 1875.

[ No. 91. ]

AN ACT to amend sections fifteen and seventeen of act number seventy-nine of the session laws of eighteen hundred and seventy-three entitled "An act to provide for the appointment of a commissioner of railroads, and to define his powers, duties, and fix his compensation," approved April tenth, eighteen hundred and seventy-three.

amended.

SECTION 1. The People of the State of Michigan enact, That Sections section fifteen and seventeen of act number seventy-nine of the session laws of eighteen hundred and seventy-three, entitled "An act to provide for the appointment of a commissioner of railroads, and to define his powers, duties, and fix his compensation," approved April ten, eighteen hundred and seventy-three, be amended so as to read as follows:

cars for other

etc.

SEC. 15. Every corporation owning a road in use shall, at rea- Drawing of sonable times and for a reasonable compensation, draw over the merchandise and same the merchandise and cars of any other corporation or indi- corporations, vidual having connecting tracks: Provided, Such cars are of the proper gauge, are in good running order, and properly loaded: Provided further, That nothing herein contained shall apply to Proviso. the drawing of the cars of stock car-loaning companies. If the corporations cannot agree upon the stated periods at which the cars shall be so drawn, or the compensation to be paid, the said commissioner shall, upon petition of either party and notice to the other, and after hearing the parties interested, determine the rate of compensation and fix such periods, having reference to the convenience and interest of the corporation or corporations, and the public to be accommodated thereby, and the award of the commissioner shall be binding upon the respective corporations interested therein until the same shall have been revised, or alterations shall be made within one year after the award. Any rail- Penalty for reroad corporation refusing to comply with the provisions of this section shall be liable to a penalty not exceeding five hundred dollars.

fusal.

SEC. 17. Whenever, in the opinion of the commissioner of rail- Flagmen at roads, the safety of the public would be more efficiently secured crossings. by stationing a flagman to signal trains where a highway or street is crossed by any railroad, or when one railroad crosses or intersects another railroad, or by the building of a gate or bridge at such highway, street or railroad crossing or intersection, or street rail

Forfeiture.

Proviso.

way crossing, he shall direct the corporation or corporations own-
ing or operating any such railroad or railroads to station a flag-
man, or to erect and maintain a bridge or gate at such crossing as
the public safety may demand; and in case such flagman is di-
rected to be stationed, or gate or bridge directed to be erected and
maintained where one railroad crosses or intersects another, the
expense thereof shall be borne jointly in equal proportions by the
companies owning or controlling each of said railroads. Any cor-
poration or corporations neglecting or refusing to construct and
maintain such gate or bridge, or to maintain such flagman so di-
rected as aforesaid, shall each forfeit for every such neglect or re-
fusal the sum of one hundred dollars, and the further sum of ten
dollars for every day which such neglect or refusal shall continue;
and if said flagman shall neglect to display his flag, or perform
such other duties as may be required of him by said commissioner,
he shall for every such neglect be liable to a fine of ($25) twenty-five
dollars, and shall also be liable for all damages sustained by any per-
son by reason of such neglect, to be recovered in an action of tort:
Provided, The corporation owning or operating any such railroad
shall not be released from liability therefor, but shall be subject
to the same liability at the option of the aggrieved party.
SEC. 2. This act shall take immediate effect.
Approved April 22, 1875.

Member of

council not to enter into con

[ No. 92. ]

AN ACT to prohibit any person entering into any contract with any city or village while a member of the common council of such city, or of the common council or board of trustees of such village.

SECTION 1. The People of the State of Michigan enact, That it shall be unlawful for any person to enter into any contract with tract with city or any city or village while he is a member of the common council of village. such city, or of the common council or board of trustees of such village, for which contract he is to receive from such city or village a valuable consideration, except as may be expressly authorized by the charter of such city or village, or by any other law of this State.

Penalty.

SEC. 2. In case any person violates any of the provisions of this act, he shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished accordingly.

Approved April 22, 1875.

[ No. 93. ]

AN ACT to amend sections seven thousand five hundred and sixty-three, seven thousand five hundred and sixty-four, seven thousand five hundred and sixty-five, seven thousand five hundred and sixty-six, and seven thousand six hundred and twenty-three, of the compiled laws of eighteen hundred and seventy-one, relative to offenses against property.

amended,

SECTION 1. The People of the State of Michigan enact, That Sections sections seven thousand five hundred and sixty-three, seven thousand five hundred and sixty-four, seven thousand five hundred and sixty-five, seven thousand five hundred and sixty-six, and seven thousand six hundred and twenty-three, of the compiled laws of eighteen hundred and seventy-one, relative to offenses against property, shall be and the same are amended so as to read as follows:

breaking and

night time.

(7563.) SEC. 12. Every person who shall break and enter, in Penalty for the night-time, any office, shop, store, railroad depot, warehouse, entering an mill, school-house, or factory, not adjoining to or occupied with a otce, etc., in dwelling-house, or any railroad car, shop, boat, or vessel, within the body of any county, with intent to commit the crime of murder, rape, robbery, or any other felony or larceny, shall be punished by imprisonment in the State prison not more than fifteen years. (7564.) SEC. 13. Every person who shall enter in the night- Penalty for time, without breaking, or shall break and enter in the day- ing, etc., in time, any dwelling-house, or any out-house thereto adjoining, kept night, without therewith, or any office, shop, store, railroad car, railroad depot, breaking in in warehouse, mill, or factory, or any ship, boat, or vessel, within the day time, etc. body of any county, with intent to commit the crime of murder, rape, robbery, or any other felony or larceny, the owner or any other person lawfully therein being put in fear, shall be punished by imprisonment in the State prison not more than ten years.

entering dwell

breaking, or

entering dwell

(7565.) SEC. 14. Every person who shall enter any dwelling- Penalty for house in the night-time, without breaking, or shall break or ing, etc., without enter in the day-time, any dwelling-house, or any out-house thereto putting in fear fawful occupant. adjoining and occupied therewith, or any church, office, shop, store, railroad car, railroad depot, warehouse, mill, school-house, or factory, or any ship, boat, or vessel lying within the body of any county, with intent to commit the crime of murder, rape, robbery, or any other felony or larceny, no person lawfully therein being put in fear, shall be punished by imprisonment in the State prison not more than five years, or by a fine not exceeding five hundred dollars, and by imprisonment in the county jail not more than one year: Provided, That every person who shall unlawfully break Proviso, penalinto any railroad freight car, or unlawfully enter the same without fully entering breaking, with intent to obtain carriage in such car, the same be- freight cart ing a part of a freight train, shall be punished by a fine not exceeding two hundred dollars, or imprisonment in the house of correction or county jail not more than six months, or both such fine and imprisonment.

ty for unlaw

obtain carriage.

Embezzlement, etc., of railroad

(7623.) SEC. 5. If any officer, agent, or employe, of any incortickets by officer porated railroad company shall fraudulently embezzle, dispose of,

of road.

What may be included in s charge in any prosecution under this section.

Section repealed.

Commissioner of

or convert to his own use any passenger railroad tickets which have come to his hands or charge by virtue of his office or employment, he shall be punished by imprisonment in the State prison, not exceeding ten years, or by fine not exceeding three thousand dollars, or both, at the discretion of the court. In any prosecution under this section, it shall be lawful to include in a charge, as one offense, all acts constituting such offense committed between. certain days set forth; and it shall be sufficient to set forth by their value a general description of the tickets alleged to have been unlawfully taken; and it shall be sufficient to maintain the charge if it shall be proved upon the trial that any such tickets were, within the period set forth, embezzled, disposed of, or converted as alleged.

Approved April 22, 1875.

[No. 94. ]

AN ACT to repeal section two of an act entitled "An act to compel children to attend school," approved April fifteen, eighteen hundred and seventy-one, being section three thousand seven hundred and thirty-eight of the compiled laws of eighteen hundred and seventy-one.

SECTION 1. The People of the State of Michigan enact, That section two of an act entitled "An act to compel children to attend school," approved April fifteen, eighteen hundred and seventy-one, being section three thousand seven hundred and thirty-eight of the compiled laws of eighteen hundred and seventy-one, shall be and the same is hereby repealed.

Approved April 22, 1875.

[ No. 95. ]

AN ACT to provide for the examination of certain forfeited and part-paid agricultural college, salt spring, and other lands. SECTION 1. The People of the State of Michigan enact, That State Land Office the Commissioner of the State Land Office in his discretion be, and examine certain he is hereby authorized and empowered, to cause the lands hereinafter designated in this act to be examined, and their value and condition ascertained.

authorized to

lands, etc.

Kinds of lands

SEC. 2. The lands to be examined under this act are known as

to be examined. the forfeited and part-paid agricultural college, salt spring, asylum, primary school, and swamp lands of the State.

sors as agents

Commissioner to SEC. 3. Said Commissioner is hereby authorized to appoint and appoint supervi- designate the supervisors of each of the organized townships withand define their in which any of the lands to be examined may be located, as examining agents, whose duties in the premises shall be fully defined

duties.

in a letter of instructions, which it will be the duty of said commissioner to furnish to each person who shall be appointed under this act: Provided, That if said Commissioner shall deem it for Provisothe best interests of the State, he may, by and with the advice and other persons consent of the Governor, appoint one or more persons as such ex- ed. amining agents, to act in the place of any supervisors, to make examinations in unsettled and unimproved localities.

may be appoint.

SEC. 4. It shall be the duty of the Commissioner of the State To furnish plats, Land Office to furnish each of said agents with plats and descrip- etc., to agents. descriptions, tions of all of the lands that it will be the duty of such agents to examine, together with all such other information and instruction relating to said lands, or to their duties as such agents, as may be sufficient to enable said agents, after careful personal examination of said lands, to report fully as to their character, value, and condition, at the time of examination; and in case any of said lands Reports of have been trespassed upon and their value deteriorated thereby, lands have been said agent shall carefully estimate and report the amount and trespassed upon. character of timber probably cut and removed, the date of the cutting, and by whom.

agents when

visions of this

act, and its pow

ers and duties.

SEC. 5. The Governor, the State Treasurer, and the Commis- Board of control sioner of the State Land Office, be and are hereby empowered and to carry out proconstituted a board of control, to carry out the provisions of this act, to examine and act upon the reports made by the said agent or agents; and if in the opinion of the board the best interest of the State would be promoted by changing the price, or terms, of these lands, the said board may alter, by reducing or advancing the price per acre, or conditions of payment: Provided, That not less than Proviso. twenty-five per cent. of the purchase money is paid at the time of purchase. And when the price and terms are so fixed, the said board shall fix the time when the change, if any, is made, will take effect, and cause the same to be published.

SEC. 6. Said agents shall receive as compensation for their serv- Compensation of ices such sum or sums as the board of State auditors shall deter- agents.

mine and allow, including necessary expenses, which bills for
services and expenses shall be itemized and sworn to, and made
upon forms furnished by the Commissioner of the Land Office, the
same to be paid out of the general fund, and apportioned to the
several funds, according to the expenses attending the examination
of lands belonging to the different classes herein mentioned.
SEC. 7. This act shall take immediate effect.
Approved April 22, 1875.

[ No. 96. ]

AN ACT providing for the location, establishment, and organizazation of a State house of correction, and making appropriation therefor.

correction, ap

SECTION 1. The People of the State of Michigan enact, That State house of the sum of one hundred and fifty thousand dollars be and is propriation hereby appropriated for the purpose of the erection and construc- therefor.