not the product or by-product of resin, shall be used for illuminating purposes in the mines of this State.

to make quar

SEC. 31. An inspector of oil shall visit the mines at least Inspector of oil four times a year to test all oils used for illuminating purposes terly tests. in the mines of this State, and any person or persons, firm or Misdemeanor, corporation having in charge the operation or running of any mine which, in a mine under his or its charge, uses or permits the use of any oil other than that prescribed by the provisions of this act, and any miner or mine employe who uses any oil other than prescribed in this act, in any mine in this State, shall be fined not less than five nor more than twenty-five Penalty. dollars.

of abandoned

SEC. 32. It shall be the duty of the mine owners, previous Duty of owners to the abandonment of a mine to make or cause to be made mines. map of all the underground workings of the said mine, and to file the said map with the State Inspector of Mines.

SEC. 33. When the operations of a coal mine are becoming When inspector dangerously near an abandoned mine, the mine inspector shall notified. be notified by the mine management and he shall order such precautions taken as in his judgment will insure safety of life and property.

conditions.

SEC. 34. For the purpose of observing the best sanitary con- Sanitary ditions possible in the mines of this State, no employe therein shall use any portion of the mine excavations as a water closet, that is not at least twenty-five feet from any air current.

SEC. 35. For the greater protection of mine workers and the Dynamite, how better preservation of coal mines, the use of dynamite or other used, etc. similar explosives used in blasting coal loose, except the ordinary black powder commonly used in mines, is prohibited unless the mine management and miners agree it is a necessity. But nothing in this act shall be construed as preventing miners from using dynamite or similar explosives in coal as an assistance to shearing in narrow work where mine management and miners agree it is a necessity. Any violation of this section shall be punished by fine or imprisonment, or both, in the discretion of the court.

what deemed.

SEC. 36. Any owner, part owner, operator, manager, or su- Misdemeanor, perintendent of any such coal mine, or director or officer of any stock company owning or operating any such mine, who shall wilfully violate any of the provisions of this law by omitting to comply with any of its said provisions, after a reasonable length of time after notice of such omission, by the State. Mine Inspector shall, if not otherwise provided for, be deemed guilty of a misdemeanor, and upon conviction thereof shall be Penalty. punished by a fine of not less than fifty nor more than one hundred dollars, or by imprisonment in the county jail not less than ten nor more than ninety days, or by both such fine and imprisonment, in the discretion of the court.

This act is ordered to take immediate effect.
Approved May 10, 1905.

Section amended.

How road may be maintained.

accept terms, etc., in writing.

[No. 101.]

AN ACT to amend section thirteen of act number thirty-five of the public acts of Michigan for the year eighteen hundred sixty-seven, as amended by act number twelve of the public acts of Michigan for the year eighteen hundred ninety-three, and act number two hundred thirty-four of the public acts of Michigan for the year nineteen hundred one, being section six thousand four hundred forty-six of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Section thirteen of act number thirty-five of the public acts of Michigan for the year eighteen hundred sixty-seven, as amended by act number twelve of the public acts of Michigan for the year eighteen hundred ninety-three, and act number two hundred thirty-four of the public acts of Michigan for the year nineteen hundred one, being section six thousand four hundred forty-six of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows:

SEC. 13. Any street railway corporation organized under the provisions of this act may, with the consent of the corporate authorities of any city or village, given under and by an ordinance or ordinances, duly enacted for that purpose, under such rules, regulations and conditions as in and by said ordinance and ordinances shall be prescribed, construct, use, maintain and own a street railway for the transportation of passengers, in, upon, above or under the lines. of such streets and ways in said city or village as shall be designated and granted from time to time for that purpose in the ordinance or ordinances granting such consent; but Company to first no such railway company shall construct any railway in, upon, above or under the streets of any city or village until the company shall have accepted in writing the terms and conditions upon which they are permitted such use of such Terms of agree- streets; and any such corporation may extend, construct, use and maintain its road in, along, above or under the streets or highways of any township adjacent to said city or village, upon such terms and conditions as may be agreed upon by the company and the township board of the township, which agreement, and the acceptance of the company of the terms thereof, shall be recorded by the township clerk in the records of his township. Any company organized under the which company provisions of this act, may construct, use, maintain and own a street railway for the transportation of passengers in, along, above or under the streets and highways of any township, upon such terms and conditions as may be agreed upon by the company and the township board, which agreement,

ment between

company and township.

Acceptance, where recorded.

Terms under

may operate.

agreement be

commissioners.

viso, not to con

vated railways.

and the acceptance by the company of the terms thereof, shall be recorded by the township clerk in the records of the township: Provided, That such company may construct, Proviso as to maintain and own a street railway as is herein provided, tween company, along, above or under any highway heretofore laid out or and county road constructed, or hereafter to be laid out or constructed by the board of county road commissioners, or any highway adopted as a county road by the board of county road commissioners and under their control, upon such terms and conditions as may be agreed upon by the company and the said board of county road commissioners, which agreement, and the acceptance by the company of the terms thereof, shall be recorded by the county clerk in the records of said board: And provided further, That this section shall con- Further profer no authority to construct and operate elevated railways, fer authority to so-called, but shall only give to municipalities the right to construct eleauthorize the construction and operation of street railways above the streets and highways by means of trestles, at points where such construction and operation are deemed to be necessary by reason of such railway crossing highways, streets or other railways, and in all cases where any street railway company has heretofore constructed its railway upon trestles above any street or highway or other railway, with the knowledge and consent, express or tacit, of the municipal authorities, such trestles shall be deemed legal structures, the same in all respects as if such railways had been constructed upon the streets or highways at such points: Pro- Further proviso, vided further, That nothing in this section contained shall not to affect be in any way construed so as to in any way affect any erty owners. rights which abutting property owners may have to damages or additional damages by reason of the erection or maintenance of trestles or other structures above the street heretofore or hereafter erected or maintained under this section. This act is ordered to take immediate effect. Approved May 10, 1905.

rights of prop

[No. 102.]

AN ACT to amend section twenty-nine of chapter one hundred fifty-four of the revised statutes of eighteen hundred fortysix, entitled "Of offenses against property," as amended, said section being section eleven thousand five hundred sixty-five of the Compiled Laws of eighteen hundred ninety

seven.

The People of the State of Michigan enact:

SECTION 1. That section twenty-nine of chapter one hun- Section dred fifty-four of the revised statutes of eighteen hundred amended. forty-six, entitled "Of offenses against property," as amended,

Larceny, who deemed to have committed.

said section being section eleven thousand five hundred sixtyfive of the Compiled Laws of eighteen hundred ninety-seven is hereby amended to read as follows:

SEC. 29. If any officer, agent, clerk or servant of any voluntary association, limited partnership association or incorporated company, or of any city, township, incorporated town or village, school district, or other public or municipal corporation, or if any clerk, agent, or servant of any private persons, or of a copartnership, except apprentices and other persons under the age of sixteen years, shall embezzle or fraudulently dispose of or convert to his own use, or shall take or secrete with intent to embezzle and convert to his own use, without consent of his employer or master, any money or other property of another, which shall have come to his possession, or shall be under his charge by virtue of such office or employment, he shall be deemed by so doing, to have committed the crime of larceny.

Approved May 10, 1905.

Section amended.

Deeds, how executed and acknowledged.

[No. 103.]

AN ACT to amend section eight of chapter sixty-five of the revised statutes of eighteen hundred forty-six, entitled "Of alienation by deed and the proof and recording of conveyances and the canceling of mortgages," the same being section eight thousand nine hundred sixty-two of the Compiled Laws of eighteen hundred ninety-seven, as amended by act number one hundred seventeen of the public acts of nineteen hundred three.

The People of the State of Michigan enact:

SECTION 1. Section eight of chapter sixty-five of the revised statutes of eighteen hundred forty-six, entitled "Of alienation by deed and the proof and recording of conveyances and the canceling of mortgages," the same being section eight thousand nine hundred sixty-two of the Compiled Laws of eighteen hundred ninety-seven, as amended by act number one hundred seventeen of the public acts of nineteen hundred three, is hereby amended to read as follows:

SEC. S. Deeds executed within this State of lands, or any interest in lands therein, shall be executed in the presence of two witnesses, who shall subscribe their names to the same as such, and the persons executing such deeds may acknowledge the execution thereof before any judge, clerk or commissioner of a court of record, or before any notary public, justice of the peace, or master in chancery, within the State, and the officer taking such acknowledgment shall

And Acknowledg

ments by certain

endorse thereon a certificate of the acknowledgment thereof, and the true date of making the same, under his hand. any deed which shall have been acknowledged before any officers, legalized. county clerk or clerk of any circuit court, on any day prior to the eighteenth day of September, nineteen hundred three, and such acknowledgment thereof, and, if recorded, the record thereof, shall be as valid for all purposes so far as such acknowledgment and record are concerned, as if the same had been acknowledged before any of the officers named in this section, and the legality of such acknowledgment and record shall not be questioned in any court or place. This act is ordered to take immediate effect. Approved May 10, 1905.

[No. 104.]

AN ACT to provide for the incorporation of the Social Order of Moose of the State of Michigan.

The People of the State of Michigan enact:

Moose, may in

SECTION 1. That grand and subordinate lodges of the So-Social Order of cial Order of Moose, of the State of Michigan, may be incorporated in pursuance of provisions of this act.

corporate.

SEC. 2. That any ten or more persons with their asso- Who may execute ciates and successors, shall constitute the grand lodge of the articles. Social Order of Moose, of the State of Michigan, and they are hereby authorized to make and execute under their hands and seals, articles of association, which said articles of association shall be acknowledged before some officer of this State, having authority to make (take) acknowledgments of deeds, and shall set forth:

First. The names of persons so associating in the first what to set instance, and their places of residence;

Second. The corporate name by which such association shall be known in the law, and the place of its business office; Third. The object and purpose of such association shall be to protect and aid its members and their families, and to promote friendship and social intercourse, and to accumulate a fund for that purpose, and the period for which it is incorporated, not exceeding thirty years.

forth.

SEC. 3. A copy of the said articles of association, together Where filed. with a copy of the constitution of said grand lodge, shall be filed with the Secretary of State, and thereupon the persons who shall have signed such articles of association, and their associates and successors, shall be a body politic and cor- Shall be body porate under the name of the grand lodge of the Social Order corporate, etc,