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Bonds, how advertised and sold.

such sewers. The council shall however first advertise said bonds for sale for four consecutive weeks in some newspaper of general circulation within or near said village, and in such other manner as they may determine, and all bids received for such bonds shall be opened in public and contracts for said bonds awarded to the highest responsible bidder; or after advertising for sale said bonds as above set forth, the council may reject all bids and require the contractor or contractors to accept any or all of his pay in such bonds at not less than their par value; but no such bonds shall, in any event be sold, or otherwise disposed of, at less than their par value. The May issue bonds, village council may issue similar bonds, running one, two, three and four years respectively, to defray the cost or expense of any sewer, or part thereof, or any other improvement deemed necessary, or for public benefit, including such portion of said cost or expense as the council may have decided to pay from the general fund, providing the amount of the bonds maturing in any one year together with general fund taxes levied in such year shall not exceed one and one-half per cent of the assessed valuation of the real estate, as is shown by the annual village tax roll of the preceding year, or the tax roll of the current year, if already in the hands of the treasurer for collection.

to be paid from

general fund.

This act is ordered to take immediate effect.
Approved May 17, 1905.

Section

amended.

[No. 126.]

AN ACT to amend act number one hundred seven of the public acts of nineteen hundred one, entitled "An act to prohibit the catching, killing or destroying of fish with seines or any species of continuous nets, or with any form of spear or trap, or in any manner whatsoever, except with hook and line, in the waters of Silver lake, or in the channel leading from said Silver lake to Lake Michigan, in the township of Golden, Oceana county, Michigan, and providing a penalty therefor."

The People of the State of Michigan enact:

SECTION 1. Section one of act number one hundred seven of the public acts of nineteen hundred one, entitled "An act to prohibit the catching, killing or destroying of fish with seines or any species of continuous nets, or with any form of spear or trap, or in any manner whatsoever, except with hook and line, in the waters of Silver lake, or in the channel leading from said Silver lake to Lake Michigan, in the township of Golden, Oceana county, Michigan, and providing a penalty therefor," is amended so as to read as follows:

except with hook

SECTION 1. Hereafter it shall not be lawful to catch, kill, Unlawful to take destroy or take fish with seines or any species of continuous and line. net, or with any form of spear or trap, or in any manner whatsoever, except with hook and line, in the waters of Silver lake, in the township of Golden, county of Oceana, or in the channel leading from Silver lake to Lake Michigan: vided, That mullet, suckers, red horse, carp and pickerel may be taken with spear at all seasons of the year.

This act is ordered to take immediate effect.
Approved May 17, 1905.

Pro- Proviso.

[No. 127.]

AN ACT to amend sections one and seven of act number one hundred seventy-one, public acts of eighteen hundred ninety-three, entitled "An act to regulate the construction of the tracks of railroads and street railroads across each other, and the stringing of wires, electric or other, over railroad tracks, and relative to the maintenance of such tracks heretofore so constructed, and wires heretofore so strung," the same being section six thousand three hundred forty-nine, Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Sections one and seven of act number one Sections hundred seventy-one, public acts of eighteen hundred ninety- amended. three, entitled "An act to regulate the construction of the tracks of railroads and street railroads across each other, and the stringing of wires, electric or other, over railroad tracks, and relative to the maintenance of such tracks heretofore so constructed, and wires heretofore strung," are hereby amended so as to read as follows:

SECTION 1. It shall hereafter be unlawful for any rail- Construction of road company to construct its tracks across the tracks of crossings, by whom approved. any street railroad or for any street railroad company, whether operated by horses, cable, electricity or other motive power, to construct its tracks across the tracks of any railroad company or across the tracks of any other street railroad company until the place where and the manner in which such crossing shall be made shall have been approved by the Commissioner of Railroads.

SEC. 7. It shall be the duty of every corporation and per- Duty of son to whom an order made by the Commissioner of Rail- corporations. roads under this act shall be directed, to comply with such order in accordance with its terms, and for any neglect to

Penalty for neglect or violation.

How penalty

may be recoyered.

so comply, and for any violation of the provisions of this
act, or for construction of any such crossing before the same
shall have been authorized by the Commissioner of Railroads,
any such corporation or person shall be liable to a penalty
of two hundred and fifty dollars and to a penalty of one
hundred dollars for every ten days during which said neglect
shall continue, or during which such crossing shall be per-
mitted to remain in existence without the necessary approval.
Any such penalty may be recovered in an action of assumpsit
brought in the name of the people of this State, and it shall
be the duty of the prosecuting attorney of the proper county
to bring any such action at the request of the Commissioner
of Railroads.

This act is ordered to take immediate effect.
Approved May 17, 1905.

Section amended.

[No. 128.]

AN ACT to amend section seven of act one hundred ninetyeight of the public acts of eighteen hundred seventy-three, entitled "An act to revise the laws providing for the incorporation of railroad companies and to regulate the running and management and to fix the duties and liabilities of all railroads and other corporations owning and operating any railroad in this State, being section six thousand two hundred thirty-two, Compiled Laws of eighteen hundred ninety-seven, as amended by acts number one hundred eighty and two hundred sixty-six of the public acts of eighteen hundred ninety-nine and by acts number eighty and one hundred fifty-three of the public acts of nineteen hundred one.

The People of the State of Michigan enact:

SECTION 1. Section seven of act number one hundred ninety-eight, public acts of eighteen hundred seventy-three, entitled "An act to revise the laws providing for the incorporation of railroad companies and to regulate the running and management and to fix the duties and liabilities of all railroad and other corporations owning and operating any railroad in this State," being section six thousand two hundred thirty-two of the Compiled Laws of eighteen hundred ninety-seven, as amended by acts one hundred eighty and two hundred sixty-six of the public acts of eighteen hundred ninety-nine and acts number eighty and one hundred fiftythree of the public acts of nineteen hundred one, is hereby amended so as to read as follows:

make map of intended route.

filed.

notice of to be

company.

approve.

SEC. 7. Every such company proceeding to construct a Company to part of its road into or through any county named in its articles of association, or which shall have been so constructed, shall make a map of such part of the route intended to be adopted by such company, or which shall have been adopted, giving also the location of the points selected for crossing any other railroad, which shall be certified by How certified, the president and secretary of such company under its cor- approved and porate seal and approved by a board consisting of the Commissioner of Railroads, Attorney General and Secretary of State, and filed in the office of the register of deeds of such county. If such route crosses the road of any other railroad Question of company, said board shall give at least ten days' notice to approval, when the general manager or general superintendent of such other given other company when and where said board will consider the question of approving such map, and shall permit such other company, if it so desires, to be heard in opposition to such approval, and at the time of approving said map, said board what board may may determine the place where and the manner in which determine. said crossing shall be made, whether at grade or otherwise, and if at grade, what safeguards shall be provided by the company desiring to make such crossing, to protect against accident thereat. The said board shall approve such map When board shall within thirty days from the time it is presented to it by approve or dissaid company, or within the said thirty days shall file in the office of the Commissioner of Railroads written reasons for the disapproval of said map, or any part thereof, and serve a copy of said reasons upon said company. be unlawful for any corporation or person to construct any crossings. crossing of the tracks of a railroad company with the tracks of any other railroad company until after the place where and the manner in which such crossing shall be made shall have been approved by the board, as above provided, and for any violation of the provisions of this act, any such cor- Penalty for poration or person shall be liable to a penalty of five hundred violation. dollars and to a penalty of one hundred dollars for every ten days during which said crossing shall be permitted to remain in existence. The route so adopted, or any part Route may be thereof, may be changed by the company as often as found changed. expedient before it has fully completed its road thereon: Provided, That any such change shall be approved by said Proviso. board and a new map showing the new route adopted shall be made, certified, approved and filed as aforesaid: provided further, That two members, of said board, of which the Commissioner of Railroads shall be one, shall constitute a quorum for the transaction of business: And provided Further proviso further, That the Secretary of State and Attorney General as to compen when serving as members of the said board, or board of consolidation, as provided by this act, shall receive five dollars per day and expenses incurred while actually engaged in

It shall When unlawful

to construct

And Further proviso.

sation of board.

such services, and said board shall also be authorized to employ a clerk, who shall receive for his services, five dollars per day and expenses, all such services of said board and clerk to be paid for by the railroad companies interested Further proviso. therein: And provided further, That a map shall not be necessary as a basis for condemnation proceedings affecting the property sought to be obtained for railroad purposes and situated adjacent to the main line of the petitioner's railroad.

This act is ordered to take immediate effect.
Approved May 17, 1905.

1

Section amended.

When witnesses

may be examined in open court.

Proviso, not to deprive right to

[No. 129.]

AN ACT to amend section one of act one hundred eightysix of the public acts of eighteen hundred ninety-five, entitled "An act to provide for the examination of witnesses in open court in causes in chancery, and for the settlement of the evidence taken upon such examination and hearing; and for the settlement of a case where the evidence is taken before a circuit court commissioner," the same being section ten thousand one hundred eighty-eight of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Section one of act number one hundred eightysix of the public acts of eighteen hundred ninety-five, entitled "An act to provide for the examination of witnesses in open court in causes in chancery, and for the settlement of the evidence taken upon such examination and hearing; and for the settlement of a case where the evidence is taken before a circuit court commissioner," the same being section ten thousand one hundred eighty-eight of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended so as to read as follows:

SECTION 1. Either party to a cause in chancery shall have the right to an examination of all the witnesses in the case in open court as in a suit at law if within ten days after the cause is at issue he gives notice in writing to the opposite party of his intention to claim such right, in which case no examination of witnesses shall be had before a circuit court commissioner; but the cause shall be heard in its course on the calendar by examination of witnesses in open court, unless the court on cause shown otherwise directs, as in a suit at law: Provided, That such notice of hearing in open court shall not deprive the court, on application by either party, of the right to make an order directing a commission to take

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