within sixty days after the passage of this act, comply with all its requirements. SEC. 10. All acts or parts of acts contravening the pro- Repealing visions of this act are hereby repealed. This act is ordered to take immediate effect. clause. [No. 61.] AN ACT to enable any consolidated company formed prior to June first, eighteen hundred ninety-nine, by the union of a street railway company and an electric light company to acquire, possess and exercise all the rights, powers, privileges and franchises conferred upon electric light companies by section ten of the act of the legislature of the state of Michigan, entitled "An act to authorize the formation of electric light companies," approved April first, eighteen hundred eighty-one, as amended by act number ninety-six of the public acts of the legislature of the state of Michigan, passed at the regular session of eighteen hundred ninetynine. The People of the State of Michigan enact: powers. SECTION 1. Any consolidated company formed prior to June How may acfirst, eighteen hundred ninety-nine, by the union of a street rail- quire certain way company and an electric light company, under and pursuant to an act of the legislature of the state of Michigan, entitled “An act to authorize the consolidation of street railway and electric light companies," approved July third, eighteen hundred ninety-one, may, upon compliance with the provisions of this act, acquire, possess and exercise all the rights, powers, privileges and franchises conferred upon electric light companies by section ten of the act of the legislature of the State of Michigan, entitled "An act to authorize the formation of electric light companies," approved April first, eighteen hundred eighty-one, as amended by act number ninety-six of the public acts of the legislature of the state of Michigan, passed at the regular session of eighteen hundred ninety-nine. stockholders. SEC. 2. In order to entitle any such consolidated com- Resolution by pany to the benefits of this act, the stockholders of said company, at any meeting of such stockholders duly called and held, by a vote of at least three-fourths of all the capital stock of said company then outstanding in favor thereof, may adopt a resolution that such company (naming it) desires, and avails itself of the provisions of this act, to acquire, possess and exercise all of the rights, powers, privileges and franchises mentioned and referred to in section one of this act; and stating and setting Where filed. to have ac forth also the names of the towns, cities and villages and the county in which the operations of said company are to be carried on. When so adopted, a copy of such resolution with a certificate thereto affixed, signed by the president and secretary of such company and sealed with the corporate seal, stating the fact and date of the adoption of such resolution, and that such copy is a true copy of the original, and that the meeting at which such resolution was so adopted was duly called and held, shall be filed and recorded in the office of the Secretary of State; and a copy of such resolution, certified and authenticated in like manner, shall be filed and recorded in the office of the county clerk of the county wherein the operations of said When deemed company are to be carried on. And upon the filing of a copy quired powers. Of such resolution, certified and authenticated, as aforesaid, in the office of the Secretary of State and in the office of the county clerk of the proper county, as herein before provided, such consolidated company shall be deemed and taken to have acquired and to possess and to be entitled to exercise all of the rights, powers, privileges and franchises mentioned and referred to in section one of this act in the towns, cities and villages and in the county in which the operations of said company are to be carried on, as stated in said resolution, with the same force and effect as if the electric light company of which such consolidated company is in part constituted had been organized after the first day of June, eighteen hundred ninetynine, for all of the objects and purposes for which, since said day, an electric light company might be organized under the laws of Michigan to carry on its operations in the cities, towns and villages and in the county in said resolution mentioned, and such consolidated company had thereafter and after said day been formed by the union of such electric light company with a street railway company. What to be evidence. SEC. 3. A copy of the certificate and of the resolution to which the same is affixed, filed in the office of the Secretary of State, in pursuance of this act and certified by him to be such copy under the great seal of the state, shall, in all courts and places, be prima facie evidence of all the facts therein stated. This act is ordered to take immediate effect. [No. 62.] AN ACT to amend section one of an act, entitled "An act to provide for the taxation and regulation of the business of manufacturing, selling, keeping for sale, furnishing, giving or delivering spirituous and intoxicating liquors, and malt, brewed or fermented liquors and vinous liquors in this State, and to repeal all acts or parts of acts inconsistent with the provisions of this act," approved June twentyeighth, eighteen hundred eighty-seven, being section five thousand three hundred seventy-nine of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: amended. SECTION 1. That section one of an act, entitled "An act to Section provide for the taxation and regulation of the business of manufacturing, selling, keeping for sale, furnishing, giving or delivering spirituous and intoxicating liquors, and malt, brewed or fermented liquors, and vinous liquors in this State, and to repeal all acts or parts of acts inconsistent with the provisions of this act," approved June twenty-eighth, eighteen hundred eighty-seven, being section five thousand three hundred seventy-nine of the Compiled Laws of eighteen hundred ninety-seven, be and the same hereby is amended so as to read as follows: (5379) SECTION 1. The People of the State of Michigan Annual tax. enact: That in all townships, cities and villages of this State, there shall be paid annually the following tax upon the business of manufacturing, selling or keeping for sale by all persons whose business, in whole or in part, consists in selling or keeping for sale, or manufacturing distilled or brewed or malt liquors or mixed liquors, as follows: Upon the business Retailers. of selling or offering for sale spirituous or intoxicating liquors, or mixed liquors by retail, or any mixture or compound, except proprietary patent medicines, which in whole or in part consist of spirituous or intoxicating liquors, and any malt, brewed or fermented liquors, five hundred dollars per annum; upon the business of selling only brewed or malt wholesale liquors, at wholesale, or retail, or at wholesale and retail, five hundred dollars per annum; upon the business of selling spirituous or intoxicating liquors at wholesale, five hundred dollars; or at wholesale and retail, eight hundred dollars per annum; upon the business of manufacturing brewed or malt Manufacturing. líquors for sale, sixty-five dollars per annum; upon the business of manufacturing for sale spirituous or intoxicating liquors, eight hundred dollars per annum. No person paying a retailer's tax on spirituous or intoxicating liquors, or brewed or malt liquors, under this act, shall be liable to pay any tax on the sale of malt, brewed or fermented liquors. No person paying a manufacturer's tax on brewed or malt liquors under this act shall be liable to pay a wholesale dealer's tax on the and retail. Proviso as to warehouses. Proviso as to number. Further proviso. Provided, however, That except in local option counties, wherein the sale of intoxicating liquors is prohibited by law, any person or corporation, organized under the laws of this or any other state of the United States, engaged wholly or chiefly in the business of selling at wholesale, any of the liquors mentioned in this section, may establish and maintain a warehouse and agency in connection therewith, in any township, village or city in this State, for the storage and sale at wholesale of brewed or malt liquors manufactured by such person or corporation, either in this State or in any other state of the United States, and may so sell and deliver the same, in any such township, village or city, or in any other city, township or village, upon payment of a tax of fifty dollars for each such warehouse and agency so established: Provided, That not more than one such warehouse and agency may be established by any such person or corporation in any one township, village, or city: Provided, further, That no liquor shall be furnished or sold from any such warehouse or agency to any person, persons, firm or corporation, except a regular retail liquor dealer, paying a tax at the rate of not less than five hundred dollars per year. This act is ordered to take effect May first, nineteen hundred three. Approved April 28, 1903. Pitle amended. [No. 63.] AN ACT to amend the title and sections one, six, seven and eight of act number one hundred eleven of the public acts of eighteen hundred eighty-nine, entitled "An act to protect fish and to regulate fishing in the waters of this State, by providing close seasons for certain kinds of fish, by prohibiting the catching of fish in certain specified ways, by prohibiting the catching of fish of certain sizes and in certain waters and for certain purposes, by prohibiting the obstruction of the free passage of fish, and by prohibiting the sale of certain kinds of fish, to protect persons engaged in fish culture, and to repeal inconsistent acts," approved May twentyfourth, eighteen hundred eighty-nine, and to add a new section thereto to stand as section fifteen. The People of the State of Michigan enact: SECTION 1. The title of act number one hundred eleven of the public acts of eighteen hundred eighty-nine, is hereby amended so as to read as follows: "An act to protect fish and to regulate fishing in the waters of this State, by providing close seasons for certain kinds of fish, by prohibiting the catching of fish in certain specified ways, by prohibiting the catch ing of fish of certain sizes and in certain waters and for certain purposes, by prohibiting the catching and killing, in the lakes, rivers and streams of this State of more than a certain number of certain specified kinds of fish in any one day, by prohibiting the taking away and having possession of more than a certain number of such fish at any point away therefrom, by prohibiting the obstruction of the free passage of fish, and by prohibiting the sale of certain kinds of fish, to protect persons engaged in fish culture, and to repeal inconsistent acts." amended. SEC. 2. Sections one, six, seven and eight of said act are Sections hereby amended, and a new section added thereto to stand as section fifteen; the amended sections and added section to read as follows: for trout, etc. For bass, etc., except with SEC. 1. No person shall catch or take from any lake, Close season river or stream of this State, by any means whatever, any speckled trout, land-locked salmon, grayling, California trout, Loch Leven trout or steel head trout, from the first day of September in each year until the first day of May following thereafter; nor shall any person catch or take any muskallonge, or any black, strawberry, green or white bass or hook and line. sturgeon, by any means whatever, except by hook and line, from any such lake, river or stream, from the first day of March in each year to the first of July following thereafter. It shall When may be lawful for the State board of fish commissioners to give per- agation. mits in writing to any person to catch or take any such fish at such time and in such manner as they shall direct, for the purpose of propagation; but in case of any prosecutions for a violation of any of the provisions of this section, such permission must be shown affirmatively by the defendant. take for prop take trout, cept with SEC. 6. It shall be unlawful for any person or persons to Unlawful to take, catch or kill, at any time, any speckled or brook trout, bass, etc., exGerman trout, California trout, land-locked salmon, Loch and line. Leven trout, steel head trout, or grayling, or any black, strawberry, green or white bass, or sturgeon in any manner whatever except by hook and line, in any waters of this State, ex- Exceptions. cepting Lakes Superior, Michigan, Huron and Erie, and the bays and harbors connected with said lakes and Saginaw Bay, or in any other waters under the provisions of any local act. take trout, etc., under SEC. 7. It shall be unlawful for any person or persons, to Unlawful to kill or capture, in any manner whatever, in any of the waters of this State, or to have in possession, any brook trout, speckled certain length. trout, California trout, land-locked salmon, Loch Leven trout, steel head trout or grayling of a size less than seven inches in length. SEC. 8. Hereafter it shall not be lawful for any person to take or catch, by any means whatever, any brook trout, Loch Leven trout, steel head trout, grayling or California trout from any stream in which brook trout, Loch Leven trout, steel head trout, grayling or California trout are not native, and which may have been stocked with such fish by the State Board of Fish Commissioners, for the period of four years after the first planting of any such fish therein. in planted streams. |