Proviso as to obstruction of navigation. Privileges of tunnel and bridge companies. Aid for same from railroad companies. Compensation for use of. Right of companies conjecting same. such terms, conditions and agreements as may by the said corporations be deemed just and equitable: Provided, That every such bridge or tunnel shall be so constructed as not to be a material obstruction to navigation. SEC. 31. It shall be competent for all railroad bridge companies and railroad tunnel companies organized under this act, respectively, to construct bridges over or tunnels under the waters of this State, to extend the railroad track or tracks which they may lay upon any bridge or through any tunnel which they may construct, so as to connect with any railroad whose business may pass through it, and for that purpose may acquire the right of way over or under or across any private property, in the same manner as herein provided for acquiring the right of way for railroads, and may, with the authority of the common council of any city, acquire the right to cross and use such portion of any street as may be found necessary; and to raise money, shall have the same authority as is herein conferred upon railroad companies to issue and sell bonds, and secure their payment by deeds of trust; and for all such purposes the said railroad bridge companies and railroad tunnel companies shall have the same rights as railroad companies organized under this act. SEC. 32. Any such bridge or tunnel company shall have the right to negotiate with any railroad company which may connect with its bridge or tunnel for the purpose of obtaining aid in the construction of its work, and such railroad company shall have full power and authority to grant such aid upon such terms as may be agreed upon by both parties, which aid may be given by subscription to capital stock, or by guaranteeing bonds, or by both, or by lease and agreement to pay rent, or in any other form which shall be found most effectual to accomplish the purpose and enable said companies to procure the requisite means. SEC. 33. The said company shall have the right to charge such fair compensation for the use of its said road and bridge or tunnel by the railroad companies or horse railroad comuanies whose business shall pass along, over or through it, as shall be found by experience sufficient to enable them to pay: First, All the expense of keeping the works in repair and interest upon the money borrowed for the construction thereof, and dividends not exceeding ten per cent upon their capital stock, and such additional sum as may furnish a sinking fund each year, not to exceed five per cent of the amount of its bonded debt, for the purpose of gradually extinguishing the same. SEC. 34. All railroad companies whose tracks may connect with such tunnels or bridges shall have the right to send their with, to use of business through or over them, respectively, upon such terms as shall be just and fair, and the charges for the passage of freight and passengers from all railroads shall be the same, and with no discrimination in favor of or against the business of any connecting road. etc. SEC. 37. It shall be competent and lawful for the trustees, Mortgage sales, in any deed of trust or mortgage of and upon any railroad, railroad bridge or railroad tunnel, in case of the inability of said company or its default in the payment of the principal or interest money secured thereby, in pursuance of any power of sale contained therein, to offer the same for sale, according to the power, and in pursuance of its terms, and on such sale to execute a deed of the premises sold, which said deed, duly executed, shall convey the title to the purchaser or purchasers, and authorize them to enter into possession and enjoyment thereof, as fully as may be provided in said mortgage or deed of trust; and that it shall be competent and lawful for all railroad, railroad bridge and railroad tunnel companies organized under this act, for the purpose of securing their bonds, authorized to be issued in accordance with its provisions, to execute such mortgage or deed with such power contained therein for the sale of the property mortgaged or deeded as shall, in its judgment or the judgment of the board, be found expedient, and such power of sale in accordance therewith shall be lawful and valid. borrow money, mortgage convertible into SEC. 38. All companies organized under this act shall have Companies may power, from time to time, to borrow such sums of money as issue bonds, may be necessary for completing, finishing, equipping or op- property, etc. erating their road, bridge or tunnel, or any part thereof, or for paying any indebtedness necessarily incurred for completing, finishing, or operating their road, bridge or tunnel, or any part therof; and to issue and dispose of their bonds or obligations for any amount necessarily borrowed for such purpose, for such sums and for such rate of interest, not exceeding ten per cent, as they may deem advisable, and to mortgage their corporate property and franchises and the income thereof, or any part thereof, to secure the payment of any debt contracted or to defray any expenditure by the company for the purpose aforesaid. And the directors of any such company may con- Bonds fer on any holder of any such bond or obligation the right to stock within convert the same into the stock of said company at any time ten years. not exceeding ten years from the date of said bonds, on such terms and under such regulations as the company may see fit to adopt; and said company may sell their bonds or obligations, either within or without this State, at such rates and prices as they may deem proper. Any such company may at Increase of any time, with the concurrence of the stockholders represent- capital stock. ing a majority of the stock, a majority in value of stockholders, at any annual meeting, or at any special meeting of the stockholders called for that purpose, increase its capital stock, or provide for the issue of preferred or secured stock for the purpose aforesaid, upon such terms and conditions as to them may seem meet. In case the capital stock of any such com- Two-thirds vote pany or corporation organized under this act shall be found necessary to insufficient for constructing or operating its road, bridge or increase. tunnel, or for building a double track, repairs or other im of stock Notice of meeting of stockholders therefor. provements to facilitate the transportation of persons or prop- Section amended. Chapter amended. [No. 267.] AN ACT to amend section thirteen of act number one hundred five of the Session Laws of the year one thousand eight hundred forty-seven, being section seven thousand five hundred forty-seven of Howell's Annotated Statutes, and section ten thousand two hundred sixteen of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. That section thirteen of act number one hundren five of the public acts of the year one thousand eight hundred forty-seven, be and the same is hereby amended so that said section will read as follows: SEC. 13. Chapter one hundred three shall be amended by striking out in the first line of section two the words "joined in such actions." Approved June 23, 1899. [No. 268.] AN ACT to amend sections six, seven, nine, eleven and twelve of act number two hundred and eleven of the Session Laws of eighteen hundred ninety-three, approved June two, eighteen hundred ninety-three, entitled "An act to provide for the Appointment of a Dairy and Food Commissioner and to Define his Powers and Duties and fix his Compensation," as amended by act number two hundred and forty-five of the session laws of eighteen hundred ninety-five, approved June one, eighteen hundred ninety-five, as further amended by act number one hundred and fifty-four of the session laws of eighteen hundred ninety-seven, approved May twenty-four, eighteen hundred ninety-seven, being sections four thousand nine hundred and seventy-eight, four thousand nine hundred and seventy-nine, four thousand nine hundred and eighty-one, four thousand nine hundred and eighty-three and four thousand nine hundred and eighty-four of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: amended. SECTION 1. That sections six, seven, nine, eleven and twelve Sections of act two hundred and eleven of the session laws of eighteen hundred ninety-three, as approved June second, eighteen hundred ninety-three, entitled "An act to provide for the appointment of a Dairy and Food Commissioner and to define his powers and duties and fix his compensation," as amended by act two hundred and forty-five of the session laws of eighteen hundred ninety-five, approved June first, eighteen hundred ninety-five, and as further amended by act one hundred and fifty-four of the session laws of eighteen hundred ninetyseven, as approved May twenty-fourth, eighteen hundred ninety-seven, being sections four thousand nine hundred and seventy-eight, four thousand nine hundred and seventy-nine, four thousand nine hudred and eighty-one, four thousand nine hundred and eighty-three and four thousand nine hundred and eighty-four of the Compiled Laws of eighteen hundred ninetyseven, be and the same are hereby amended so as to read as follows: and Food SEC. 6. It shall be the duty of the Dairy and Food Commis- Duty of Dairy sioner to carefully inquire into the quality of the dairy and Commissioner. food and drink products, and the several articles which are foods or the necessary constituents of foods, which are manufactured or sold or exposed or offered for sale in this State, and he may in a lawful manner procure samples of the same and direct the State Analyst to make due and careful examination of the same, and report to the commissioner the result of the analysis of all or any of such food and drink products or dairy products, as is adulterated, impure or unwholesome, in contravention of the laws of this State, and it shall be the duty May make complaint and institute proceedings against person violating law. Powers of. Prosecuting attorney to of the commissioner to make complaint against the manufacturer or vender thereof, in the proper county, and furnish the evidence thereon and thereof to obtain a conviction of the of fense charged. The Dairy and Food Commissioner, or his deputy, or any person by him duly appointed for that purpose, may make complaint and cause proceedings to be commenced against any person for the violation of any of the laws relative to adulterated, impure or unwholesome food, and in such case he shall not be obliged to furnish security for costs; and shall have power in the performance of their duties to enter into any creamery, factory, store, salesroom, drug store or laboratory, or place where they have reason to believe food or drink are made, prepared, sold or offered for sale, and to open any cask, tub, jar, bottle or package containing or supposed to contain any article of food or drink and examine or cause to be examined the contents thereof, and take therefrom samples for analysis. The person making such inspection shall take such sample of such article or product, in the presence of at least one witness, and he shall in the presence of such witness mark or seal such sample and shall tender at the time of taking to the manufacturer or vender of such product, or to the person having the custody of the same, the value thereof, and a statement in writing of the reason for taking such sample. SEC. 7. It shall be the duty of each prosecuting attorney prosecute suits. When called upon, to render any legal assistance in his power, under the provisions of this act, or any subsequent act relative to the adulteration of food for the sale of impure or unwholesome food or food products. Annual report to Governor. To print and distribute monthly bulletin. SEC. 9. The commissioner shall make an annual report to the Governor on or before the first day of July in each year, and which shall be printed and published on or before the first day of September next thereafter, which report shall cover the doings of his office for the preceding fiscal year, which shall show, among other things, the number of manufactories and other places inspected and by whom, the number of specimens of food articles analyzed,and the State Analyst's report upon each one; the number of complaints entered against persons for violation of the laws relative to the adulteration of food, the number of convictions had, and the amount of fines imposed therefor, together with such recommendations relative to the statutes in force as his experience may justify. The commissioner shall also prepare, print and distribute to all the papers of the State, and to such persons as may be interested or may apply therefor a monthly bulletin, in suitable paper covers, containing results of inspections, the results of analyses made by the State Analyst, with popular explanation of the same, and such other information as may come to him in his official capacity relating to the adulteration of food and drink products and of dairy products, so far as he may deem the same of benefit and advantage to the |