Section amended. Fences, how Material of fences. How made. [No. 26.] AN ACT to amend section fifteen of article four of act number one hundred and ninety-eight, session laws of eighteen hundred and seventy-three, entitled "An act to revise the laws providing for the incorporation of railroad companies, and to regulate the running and management and fix the duties and liabilities of all railroads and other corporations owning or operating any railroad in this State, and the several acts amendatory thereof," being section three thousand three hundred and seventy-seven of Howell's Annotated Statutes, as amended by act number two hundred and thirty-four, public acts of eighteen hundred and eighty-five, approved June ten, eighteen hundred and eighty-five, and act number two hundred and sixtyone, public acts of eighteen hundred and eighty-seven, approved June twenty-seven, eighteen hundred and eighty-seven. SECTION 1. The People of the State of Michigan enact, That section fifteen of article four of act number one hundred and ninety-eight, session laws of eighteen hundred and seventythree, entitled "An act to revise the laws providing for the incorporation of railroad companies and to regulate the running and management, and fix the duties and liabilities of all railroads and other corporations owning or operating any railroad in this State, and the several acts amendatory thereof," being section three thousand three hundred and seventy-seven of Howell's Annotated Statutes, as amended by act number two hundred and thirty-four, public acts of eighteen hundred and eighty-five, and act number two hundred and sixty-one, public acts of eighteen hundred and eighty-seven, be and the same is hereby amended so as to read as follows: (§3377.) SEC. 15. Every railroad company formed under this act or any former act, and every corporation owning or operating any such railroad, shall erect and maintain in effective condition of repair, fences on each side of the right of way to their respective roads, as hereinafter provided. A legal railroad fence shall not be less than four and one-half feet high, and shall be made of boards and posts in combination as follows: The boards to be of pine or hemlock, six inches in width and not more than sixteen feet in length; the posts to be of cedar, tamarack or oak, not less than seven feet in length and five inches in diameter, to be set not less than two and one-half feet in the ground, at a distance apart not more than eight feet from center to center. First, a board shall be nailed to the posts close to the ground; five inches above such first board, a second; six inches above the second, a third; six inches above the third, a fourth; six inches above the fourth, a fifth; all to be capped with a like board securely nailed to the fifth board and to the posts. All the boards to be firmly nailed to the posts with not less than two eight or ten-penny fence nails at each post. Or it may be constructed of posts, boards and wire in combination as follows: The posts of construction, shall be of cedar, tamarack or oak, not less than seven feet in Posts, and mode length and five inches in diameter, to be set not less than two and one-half feet in the ground, at a distance apart of not more than eight feet from center to center. At a height of sixteen inches from the ground, a pine or hemlock fence board six inches in width, and seven inches above such first pine or hemlock board, a second of the same width, both fence boards to be firmly nailed to the post with two eight or ten-penny fence nails at each post. At the height of five inches from the ground a barb fence wire, and at ten inches from the ground a second barb wire, forty-four inches from the ground, or nine inches from the second pine or hemlock board, a third barb wire, and fifty-three inches from the ground, or nine inches above the third barb wire, flat Brinkerhoof strip or some other metallic strand of similar pattern; or it may be constructed with such posts and set as above described and made as follows: At a height of four inches from the ground a barb fence wire; at nine inches from the ground a second barb wire; at fourteen inches from the ground a third barb wire; at twenty inches from the ground a fourth barb wire; at twenty-eight inches from the ground a fifth barb wire; at thirtyseven inches from the ground a sixth barb wire; at forty-eight inches from the ground a six-inch pine or hemlock fence board, capped with a six-inch pine or hemlock fence board. Such wires and strips to be properly strained and the posts sufficiently braced wherever necessary to prevent the wires from becoming loose or sagging, and the wires to be securely fastened to the posts with sufficient staples. All inequalities of the ground under the fence to be surfaced and leveled so that no animals can pass under the lower strand: Provided, That any fence which shall have the Proviso. written approval and endorsement of the Commissioner of Railroads of this State and which is not less than four and one-half feet in height and is otherwise equal in durability, strength and sufficiency to turn animals and stock to the fences herein described, shall be a legal railroad fence: Provided further, Any railroad Further proviso company that has already erected fences along the line of its right of way may allow the same to remain until otherwise ordered by the Commissioner of Railroads; but in such case said railroad company or corporation shall be liable for all damages done to animals or stock coming upon its right of way through or over such fence, but on the trial of any action for damages, if it shall be shown that the fence through or over which such animals or stock entered upon such right of way was four feet in height and otherwise equal in strength and sufficiency to turn animals or stock to the fence provided for in this act, then no damages shall be recovered. Such right of way fences shall be provided with suitable connecting fences and cattle guards at all highways and street crossings, which shall at all times be kept in effective repair and sufficient to prevent stock of all kinds from passing upon the track of the railroad at such highway or street crossings. Convenient farm crossings shall also be constructed Farm crossings. by any such railroad corporation across the right of way and track In case of etc. etc. of its railroad, with the necessary gates or bars therefor, as the owner or occupant of the premises may elect, at the sides of the right of way, which said gates or bars shall be of sufficient width to admit the free and easy transportation of all farm machinery, including harvesters or binders, in form, as the same are usually drawn, upon the application of the owner or owners of lands lying upon both sides of such railroad track, the same being enclosed by exterior fences, and being adjacent to such right of way. And disagreement, in case of disagreement between the owner of any such lands and railroad corporations as to the necessity for, location of, or character of farm crossings so applied for or as to the plan or construction of the gates as herein provided, then either party may present the matter in dispute to the Commissioner of Railroads who shall proceed to investigate the same as soon as may be, and render his decision thereon, which shall be final and binding upon the parties respectively; and such farm crossings shall be constructed within the time prescribed by the said Commissioner of Railroads, under a penalty of ten dollars for each and every day that such construction of the farm crossing shall be delayed beyond the expiration of the time fixed for its completion by the Company Hable said Commissioner of Railroads. And until such fences and cattle for damages, guards as herein before provided for shall be duly constructed, the company or corporation owning or operating such road shall be liable to all damages done to cattle or other animals thereon which may result from the neglect of such company or corporation maintaining or operating such road to construct and maintain in repair such fences and cattle guards as aforesaid, to be recovered by the owner of such cattle or other animals in a civil action before any court of competent jurisdiction. And after such company or corporation shall have constructed such fences and cattle guards as here in before provided, and while it shall continue to maintain the same in good and sufficient repair, it shall not be liable for any such damages as aforesaid, unless negligently or willfully done. And every such company or corporation owning or operating any such railroad, shall, within three months from the time any section or portion of such road is finished and put in general use by running regular trains thereon, and in the case of any roads now in use from the time this act shall take effect, erect and maintain the fences and cattle guards as herein provided. Any violation of the provisions of this section on the part of any railroad corporation owning or operating any railroad in this State, by failure or neglect to construct and maintain fences and cattle guards as herein required, shall be punished by a penalty of twenty-five dollars per day for each and every day that such neglect or failure shall continue: Provided, That if such fences and cattle guards shall not be built as aforesaid along such portions of any line of road as is or may be constructed north of a line extending due west from the mouth of the Saginaw river, the corporation or company owning or operating any such line of road shall not be liable to the said penalty, unless such fence shall be ordered by the Commissioner of Rail Penalty for violation of act, etc. Proviso. roads, but shall be liable to all the other provisions of this sec- This act is ordered to take immediate effect. [No. 27.] AN ACT to appropriate to the Mining School at Houghton the sum of five thousand dollars towards the maintenance and support of the Mining School at Houghton, in the county of Houghton, Michigan, during the year one thousand eight hundred and eighty-nine. SECTION 1. The People of the State of Michigan enact, That Appropriation. there be and is hereby appropriated the sum of five thousand dollars out of the general fund towards the support and maintenance of the Mining School at Houghton, in the county of Houghton, Michigan, during the year one thousand eight hundred and eighty-nine, subject to immediate requisition by the board of control for that purpose. SEC. 2. The said sum of five thousand dollars shall be here- Deducted from after deducted from the general appropriation for the current propr appropriation, expenses of said school for the year one thousand eight hundred etc. and eighty-nine to be hereafter made, and placed to the credit of the general fund to reimburse it for the draft authorized by section one of this act. This act is ordered to take immediate effect. [No. 28.] AN ACT to amend section ten of chapter twelve of the compiled laws of eighteen hundred and seventy-one, being compiler's section six hundred and seventy-nine of Howell's Annotated Statutes of Michigan, relative to the election of overseers of highways. Section amended. Election of overseers of highways. SECTION 1. The People of the State of Michigan enact, That section ten of chapter twelve of the compiled laws of eighteen hundred and seventy-one, being compiler's section six hundred and seventy-nine of Howell's Annotated Statutes of Michigan, be and the same is hereby amended so as to read as follows: (§679.) SEC. 10. There shall also be elected at such meeting, to be chosen viva voce, or in such manner as the meeting may Who not to vote. direct, one overseer of highways for each road district, and no elector except a resident in the district where the overseer is chosen or an elector of the township having taxable property in Poundmasters. such district, shall vote for said overseer and as many poundmasters as the meeting may direct. Five or more may incorpor. ate, etc. Articles of association, etc. officers, etc. This act is ordered to take immediate effect. Approved March 27, 1889. [No. 29.] AN ACT to authorize the incorporation of pipe line companies for the transportation of oil, petroleum and gas. SECTION 1. The People of the State of Michigan enact, That any number of persons not less than five may form a company for the purpose of constructing and operating a line or lines of pipe for the conveying and transportation therein of oil, petroleum and gas, or either of them; and for such purpose such persons shall what to contain, make and sign articles of association in which shall be set forth the name of the corporation, the number of years the same is to be continued, not exceeding thirty years; the name of the county within this State where the principal office of said corStock, shares, poration is to be located; the amount of capital stock of said company, which shall not be less than one hundred thousand dollars, and the number of shares of which said capital stock shall consist, and the names and places of residence of the directors of said company, the president, treasurer and secretary thereof, who shall manage its affairs for the first year and until others are chosen in their places. Each subscriber to such articles of association shall subscribe thereto his name, place of residence and the number of shares he agrees to take in said company. Whenever two-thirds of the proposed capital stock of said pipe line shall be subscribed, the articles of association shall be filed in the office of the Secretary of State and a certified copy thereof, under the seal of the Secretary of State, shall be recorded in the office of the register of deeds for the county in which the principal office of said company is located, and thereupon the persons who have subscribed to such articles, and all other persons who shall from time to time thereafter subscribe to or become holders of the capital stock of said corporation in the manner to be prescribed in its by-laws, shall be a body corporate corporate, etc. by the name described in such articles, and shall be capable of suing and being sued, and service of process may be had on any When and where to be filed, etc. To be body |