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Credited to prison.

To be in taxes of 1891.

buildings, ten thousand dollars. For building a new wall on the west side of the said prison grounds, sixteen thousand dollars.

SEC. 2. The sums appropriated by this act shall be passed to the credit of the State Prison at Jackson and be paid to the board of inspectors, or on its order, at such times and in such amounts and manner as is now provided by law.

SEC. 3. The Auditor General shall add to and incorporate with the tax for the year eighteen hundred and ninety-one the aggregate sum appropriated by this act, to wit: Fiftysix thousand eight hundred and sixty-seven dollars, which sum when collected shall be placed to the credit of the general fund.

This act is ordered to take immediate effect.
Approved June 12, 1891.

[ No. 135. ]

Location of road.

AN ACT to provide for an extension of the East Saginaw

and Au Sable State road in Bay county, Michigan, now known as the Kawkawlin road, to be known as the “Center avenue extension of the Kawkawlin road," and to provide for the opening and improvement of the same.

SECTION 1. The People of the State of Michigan enact, That a State road sixty-six feet wide shall be laid out, opened and established, commencing at the quarter post on the south line of section seventeen, town fourteen north, of range five east, running thence north along the north and and south quarter line of sections seventeen and eight of town fourteen north, range five east, to the point where said quarter line intersects the State road formerly known as the East Saginaw and Au Sable State road, now designated the Kawkawlin road, to be known as the “Center avenue extension of the Kawkawlin road.”

SEC. 2. In order to secure the laying out of said State road the Governor shall appoint a commissioner for the term of three years who shall take and subscribe an oath of office and execute a bond with sufficient sureties, in the sum of five hundred dollars, conditioned for the faithful performance of his duties as such commissioner Such bond shall be approved by the Commissioner of the State Land Office, and shall be filed in the office of said Commissioner of the State Land Office. SEC. 3. Such road commissioner shall, as

as may be, after his appointment proceed to lay out such road, fol. lowing the route designated in section one of this act and cause the same to be surveyed and established, and cause a copy of such survey and a description thereof to be filed with the township clerk of the township of Bangor, and also in the office of the county clerk for Bay county, the side lines of said road to be thirty-three feet distant on each

Commissioner.

Bond of.

Approval and filing.

Duty of commissioner,

soon

lands, etc.

or

special commissioners.

side of the quarter line hereinbefore specified, from the point of commencement to the point of termination. Said commissioner may employ all necessary surveyors and other assistance to aid in the performance of his duties.

Sec. 4. For the purpose of locating said road the said May enter on commissioner and his assistants may lawfully and peacefully enter upon the lands of any person or persons lying upon the route of said road, and shall not be liable to action for such entry.

SEC. 5. Said commissioner shall receive two dollars a day Compensation. for his services, and expenses actually incurred in performing his duties and in improving said State road shall be audited and paid by the [board of] supervisors of Bay county, said bill of expenses to be certified under oath or affirmation.

SEC. 6. The commissioner appointed under the provisions To obtain right of section two of this act shall proceed to obtain deeds of of way, etc. the right of way for said road from the abutting property owners as far as they can be secured for a nominal consideration, and in case the right of way cannot be obtained from any one more abutting property owners for such nominal consideration, said commissioner may make applica- May apply for tion to the circuit court for said county of Bay at any term thereof, or to the probate court for said county for the appointment of three commissioners to determine the value of the land to be taken for such public use and appraise the damages, and such court shall on such application appoint three commissioners who shall, before entering upon the duties of their office, take and subscribe the constitutional oath of office.

SEC. 7. The commissioners appointed under the provisions Proceedings of of section six of this act, before proceeding to determine special commisthe value of any private property to be taken for such road and to appraise the damage therefor, shall give to all parties interested in private property proposed to be taken therefor, who have not conveyed the right of way for such road, notice of the time or times and place or places at which such commissioners will meet for the purpose of making such determination and appraisal, by posting or causing to be posted such notice written or printed or partly written and partly printed in at least three public places in the township of Bangor, and in the city of West Bay City in said Bay county, and by publishing such notice for three successive weeks at least once in each week in some newspaper published in said county of Bay, and by causing a copy of such notice to be served personally or delivered to each person who is found within said county of Bay owning any interest in any lands, any portion of which is to be taken for such road, who has not conveyed the right of way for the same.

SEC. 8. After giving such notice and in accordance there- To appraise with, it shall be the duty of such three commissioners when damages, etc. private property is to be taken for such road, to determine

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To report value, etc.

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the value thereof and appraise the damages therefor over and above benefits; and at the hearing or hearings such commissioners shall hear and consider the representations and arguments of all interested parties asking a hearing.

SEC. 9. After such hearing, determination and appraisal such three commissioners shall report the value of each parcel of such private property to be taken for such public use

and the damage therefor over and above benefits, and shall Report to be certify to such report, determination and appraisal and the

certificates thereof shall be filed in the office of the township clerk of the township of Bangor and with the county clerk for said county of Bay, and such report shall be deemed a sufficient conveyance of the right of way of lands necessary to be used for such road.

SEC. 10. The claims for damages for right of way, as certified to by the commissioners appointed under the provisions of section six of this act, shall be paid by the board of supervisors of said county of Bay on the order or certificate of the commissioner appointed under the provisions of section two of this act, and said commissioner shall draw an order in favor of each person entitled thereto for the amount awarded to them.

SEC. 11. Said State road commissioner shall deliver or tender to each person to whom damages shall have been awarded under this act an order drawn by him for the amount of such damage, or pay or tender the amount thereof in lawful money, and if any person to whom such order is tendered shall refuse such order, then such State road commissioner shall have such order cashed and pay or tender to such person the amount of such damages in lawful money, and for that purpose he shall be authorized to indorse such order and present the same to the county treasurer for payment, and it shall be the duty of the county treasurer of said county of Bay at any time upon the presentation to him of any such order drawn for the payment of such right of way or damages, to pay the same out of any moneys in his hands belonging to the general fund of the said county, and refund such amount out of the first moneys collected from the proper funds. If, however, there shall be no money available in the general fund of said county, the said road commissioner shall be authorized to have such

order discounted wherever he may be enabled to do so: Proviso as to dis. Provided, Such discount shall not be more than at the rate

of ten per cent per annum and thereupon make such owners a tender in lawful money as hereinbefore specified. If any person to whom such money shall be tendered shall refuse or neglect to take the same, said State road commissioner shall deposit such money with the county clerk of Bay county with a statement to whom payable and from what source derived, and if such money be not claimed by the person entitled thereto within three years next ensuing such deposit, said clerk shall return such money to the proper custodian of the fund from which it is derived.

count, etc.

SEC. 12. If such State road commissioner shall be unable when to deposit to find any person entitled to any such damage, or if the damages, etc. owner of any lands upon which damages have been awarded be unknown, or if he is a minor, or an insane person or otherwise incompetent, he shall deposit such order drawn in favor of such person for the amount of such damage with the county clerk of Bay county, who shall hold the same subject to the order of the person entitled thereto, and such person shall be entitled to such order at any time within three years next ensuing such deposit, at the end of which time the same shall be canceled or such deposit may be made in lawful money, and if so made the same shall be so held for three years next ensuing, and if not claimed in that time, such money shall be applied to the improvement of such State road by such State road commissioner, or his successor. Sec. 13. In laying out, establishing and improving said may expend

donations etc. State road, said State road commissioner or his successor or successors, are hereby authorized to expend any money, labor or donation of any kind that may be contributed by private persons to aid in establishing and constructing said State road.

SEC. 14. The State shall not be liable for any expenses State not liable. incurred or sustained by reason of this act.

SEC. 15. The commissioners provided for in section six Compensation of of this act shall each receive two dollars per day for each special commieday necessarily employed in his duties under said act.

SEC. 16. As soon as the right of way for said State road is Duty of stone secured it shall be the duty of the board of stone road com- stoners. missioners of said county to prepare the road bed and grade, construct and macadamize said road.

SEC. 17. That portion of said State road which extends of portion of into the city of West Bay City, including Center street south of the south line of section seve een, and the East Saginaw and Au Sable State road in said city, being a continuation in a direct line of said road with the paved portion of the East Saginaw and Au Sable State road in said city, may be improved and the macadamizing and stone work thereon extended so as to connect with the pavement on East Saginaw and Au Sable State road in said city at the south boundary of section twenty-nine: Provided, Such improvement Proviso. be ordered by the common council of said city. The cost Cost of, how and expense of such work to be paid for jointly by the city of West Bay City and by the board of stone road commissioners of Bay county.

SEC. 18. Nothing in this act contained shall be so con- City to have construed as to interfere with common council of West Bay portion, etc. City from ordering any special improvement in sewerage, water-works or paving or any other special improvements on any part of said Center Avenue State road inside of the city of West Bay City and all improvements, special or otherwise, when ordered by such common council without

sioners.

road commis

road in West Bay City.

paid.

any agreement with the stone road commissioner, shall be
paid for by the city of West Bay City.

This act is ordered to take immediate effect.
Approved June 12, 1891.

[ No. 136. ]

AN ACT to provide for the incorporation of the high and

subordinate courts of the Independent Order of Foresters for the State of Michigan.

Number of incorporators.

ciation,

Idem,

May incorporate, SECTION 1. The People of the State of Michigan enact,

That the high and subordinate courts of the Independent Order of Foresters of the State of Michigan may be incorporated in pursuance of the provisions of this act.

SEC. 2. Any ten or more persons, residents of this State, being members of the high and subordinate courts of the Independent Order of Foresters of the State of Michigan,

desirous to [be] become incorporated, may make and exeArticles of asso- cute articles of incorporation under their hands and seal,

which articles of association shall be acknowledged before some officer authorized by law to take acknowledgments of

deeds, and shall set forth: Names, etc. First, the names of the persons associating in the first

instance, and their places of residence;

Second, the corporate names by which such association shall be known in the law, and the place of its business

office; Objects, etc. Third, The object and purpose of such association, which

shall be to promote the general welfare of the fraternity known as the high court of the Independent Order of Foresters and the period for which it is incorporated, not exceed

ing thirty years. Copy to be filed, SEC. 3. A copy of said articles of association, together

with a copy of the charter and constitution of said high court, shall be filed with the Secretary of State, and thereupon the persons who shall have signed such' articles of association, their associates and successors, shall be a body politic and corporate by the name expressed in such articles of association, and by that name they and their successors shall have succession, and shall be persons in the law capable to purchase, take, receive, hold and enjoy to them and their successors, estates, real and personal, of suing and being sued, and to have a common seal, which may be altered or changed at their pleasure: Pr wided, That the value of such real and personal estate shall not exceed the sum of ten thousand dollars, and that they and their successors shall have power to give, grant, sell, lease, demise and dispose of said real and personal estate, or part thereof, at their will and pleasure, and the proceeds, rents and

Proviso as to property.

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