eighty-three, entitled "An act for the organization of telephone and messenger service companies," approved May thirty-first, eighteen hundred and eighty-three, the same being section six thousand six hundred and ninety-one of the compiled laws of eighteen hundred and ninety-seven, be and the same is hereby amended so as to read as follows: and maintain right of way in condemnation. SEC. 4. Every such corporation shall have power to con- May construct struct and maintain lines of wire or other material, for use in telephone line. the transmission of telephonic messages along, over, across, or under any public places, streets and highways, and across or under any of the waters in this State, with all necessary erections and fixtures therefor: Provided, That the same shall not Proviso. injuriously interfere with other public uses of the said places. streets and highways, or injure any trees located along the line of such streets or highways nor shall the same interfere with the navigation of said waters, or the running of railway trains; to construct, provide and furnish instruments, devices, and facilities for use in the transmission of such messages, and to construct, maintain and operate telephone exchanges and stations, and generally to conduct and carry on the business of providing and supervising communication by telephone, and also the business of furnishing messenger service in cities and towns: Provided further, That whenever any corporation Further organized under the provisions of this act for the purpose of proviso. constructing any public telephone line in the Upper Peninsula of this State finds it impracticable to construct its said lines upon any of the public places, streets and highways and across May acquire or under any waters in this State, on account of which it U.P. by may desire to acquire any right of way for its said lines over, through, under and across any lands needed therefor, and is unable to agree with the owner of such lands for the purchase of said right of way, such corporation shall have the right to acquire the title to said right of way, outside of the corporate limits of cities and villages, upon making just compensation to the owner of such lands, in the same manner and by the same proceedings as provided for in chapter one hundred and sixty-four of the compiled laws of eighteen hundred and ninety-seven of this State for the condemnation of lands for right of way by railway companies: Provided further, That Further whenever the owner of any lands which are not traversed by any railway objects to having any telephone company run its line of right of way across his lands at any point, then the said telephone company shall confine its line of right of way to established subdivision lines. Whenever the owner of any lands which are traversed by any railway shall object to hav ing any telephone company run its line of right of way across his lands at any point then the said telephone company shall confine its line of right of way to established subdivision lines or immediately adjoining and along the right of way of said railway. And it shall be lawful for any such corporation to purchase and hold a portion of the stock of any corporation proviso. nineteen hundred one, and for all terms thereafter, the salary This act is ordered to take immediate effect. Act amended. Judicial circuits changed. 36th judicial circuit formed. [No. 15.] AN ACT to amend Sections Two and Nine of Act 186 of the Public Acts of 1897, entitled "An act defining the limits of the judicial circuits of the State of Michigan," and to add a new Section thereto. The People of the State of Michigan enact: SECTION 1. Act number 186 of the Public Acts of 1897, entitled "An act defining the limits of the judicial circuits of the State of Michigan," be and the same hereby is amended by adding a new section thereto, creating the thirty-sixth judicial circuit, and by amending sections two and nine so as to read as follows: of Berrien. The second circuit shall be composed of the county SEC. 9. The ninth circuit shall be composed of the county of Kalamazoo. SEC. 36. The thirty-sixth circuit shall be composed of the counties of Van Buren and Cass. This act is ordered to take immediate effect. Section amended. [No. 16.] AN ACT to amend section four of act number one hundred and twenty-nine of the Public Acts of eighteen hundred and eighty-three, entitled "An act for the organization of Telephone and Messenger Service Companies," approved May thirty-first, eighteen hundred and eighty-three, the same being section six thousand six hundred and ninety-one of the Compiled Laws of eighteen hundred and ninety-seven. The People of the State of Michigan enact: SECTION 1. That section four of act number one hundred and twenty-nine of the public acts of eighteen hundred and eighty-three, entitled "An act for the organization of telephone and messenger service companies," approved May thirty-first, eighteen hundred and eighty-three, the same being section six thousand six hundred and ninety-one of the compiled laws of eighteen hundred and ninety-seven, be and the same is hereby amended so as to read as follows: and maintain right of way in condemnation. SEC. 4. Every such corporation shall have power to con- May construct struct and maintain lines of wire or other material, for use in telephone line. the transmission of telephonic messages along, over, across, or under any public places, streets and highways, and across or under any of the waters in this State, with all necessary erections and fixtures therefor: Provided, That the same shall not Proviso. injuriously interfere with other public uses of the said places. streets and highways, or injure any trees located along the line of such streets or highways nor shall the same interfere with the navigation of said waters, or the running of railway trains; to construct, provide and furnish instruments, devices, and facilities for use in the transmission of such messages, and to construct, maintain and operate telephone exchanges and stations, and generally to conduct and carry on the business of providing and supervising communication by telephone, and also the business of furnishing messenger service in cities and towns: Provided further, That whenever any corporation Further organized under the provisions of this act for the purpose of proviso. constructing any public telephone line in the Upper Peninsula of this State finds it impracticable to construct its said lines upon any of the public places, streets and highways and across May acquire or under any waters in this State, on account of which it U.P. by may desire to acquire any right of way for its said lines over, through, under and across any lands needed therefor, and is unable to agree with the owner of such lands for the purchase of said right of way, such corporation shall have the right to acquire the title to said right of way, outside of the corporate limits of cities and villages, upon making just compensation to the owner of such lands, in the same manner and by the same proceedings as provided for in chapter one hundred and sixty-four of the compiled laws of eighteen hundred and ninety-seven of this State for the condemnation of lands for right of way by railway companies: Provided further, That Further whenever the owner of any lands which are not traversed by any railway objects to having any telephone company run its line of right of way across his lands at any point, then the said telephone company shall confine its line of right of way to established subdivision lines. Whenever the owner of any lands which are traversed by any railway shall object to hav ing any telephone company run its line of right of way across his lands at any point then the said telephone company shall confine its line of right of way to established subdivision lines or immediately adjoining and along the right of way of said railway. And it shall be lawful for any such corporation to purchase and hold a portion of the stock of any corporation proviso. owning or controlling by patent, or otherwise, the use of any instrument or device necessary or convenient for use, in the May purchase transmission or reception of telephonic messages, and to purchase and hold all real property necessary to carry out the purposes of its organization. real estate. This act is ordered to take immediate effect. Name changed to State Asylum. [No. 17.] AN ACT providing for changing the name of the Michigan The People of the State of Michigan enact: SECTION 1. The name of the Asylum for Dangerous and This act is ordered to take immediate effect. Taking fish prohibited. Who deemed prima facie guilty. [No. 18.] AN ACT to prohibit the taking, catching or destruction of brook trout and other fish in Russell Creek and tributaries thereof, on sections eighteen, nineteen and twenty, and the south-west quarter of section seventeen, in the township of Hart, Oceana County, Michigan. The People of the State of Michigan enact: SECTION 1. It shall not be lawful for any person or persons to take, catch or kill, or attempt to take, catch or kill, any brook trout or other fish in Russell Creek or any of its tributaries, on any of the following described lands, viz.: Sections eighteen, nineteen and twenty, and the south-west quarter of section seventeen, all in the township of Hart, in Oceana county, Michigan, for a period of ten years from the first day of May, eighteen hundred ninety-nine. SEC. 2. Any person who shall be seen along the banks of any of the waters mentioned in said section one, or in any of said waters, with hook and line, or any other fishing device, in his possession, shall be deemed prima facie guilty of attempting to catch fish in said waters. SEC. 3. violation of act. Any person who shall violate any provisions of this Penalty for act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding ten dollars, together with costs of prosecution, and in default of payment of such fine and costs shall be imprisoned in the county jail for a period not exceeding twenty days. This act is ordered to take immediate effect. [No. 19.] AN ACT to provide for the assessment and levy of taxes upon the property of Railroad Companies, Express Companies, Telegraph Companies and Telephone Companies and the collection thereof, and the designation and election of a State Board of Assessors to make such assessment and levy, and defining the duties of such board, and the compensation of its members, and to repeal all other acts or parts of acts whether in the acts for incorporation of Union Railroad Station and Depot grounds, or any other law of this State, so far as such acts or parts of acts are inconsistent with this act, and no further, and to apply the taxes assessed and collected under this act to pay "the interest upon the primary school, university and other educational funds and the interest and principal of the State debt, in the order herein recited until the extinguishment of the State debt, other than amounts due to educational funds, when such taxes to be collected under this act be added to, and constitute a part of the primary school interest fund." The People of the State of Michigan enact: appoint board SECTION 1. It shall be the duty of the Governor, by and Governor to with the advice and consent of the senate, within five days of assessors. after this act shall have been approved by the Governor, to appoint three resident freeholders of this State, who shall be duly qualified electors thereof, who shall constitute a State Board of Assessors, with powers and duties as prescribed under the provisions of this act. The Auditor General shall Auditor always, during his term of office, be president of said board, president of but shall have no power except as presiding officer of said board. unless expressly given herein. The persons so appointed shall hold their offices for the term of two years from Term of office. and after January fifteenth, eighteen hundred ninety-nine, or until their successors shall be appointed and have qualified. General board. At the expiration of the terms of office of the members of said Appointment of board their successors in office, so long as this act shall remain successors. |