When evidence may be settled by judge, other than trial judge. the depositions of witnesses outside of the jurisdiction of the court, or in case where a party may be deprived of material testimony or rights, if such a commission is not issued; and depositions so taken under the order of the court may be read upon the hearing in open court: And provided further, Further proviso That in all cases, whether the same shall be so tried in open a b as to settlement court, or the testimony shall have been taken by deposition ceptions. or before a circuit court commissioner, either party shall be entitled to make and settle a case, setting forth in substance all the evidence taken or read at the hearing, following as far as practicable the making of cases for review at law, before the judge who tried the same, at such time and in such manner as is now provided by rule for the settlement of bills of exceptions in cases at law: Provided further, That Further proviso. in all cases where such evidence is taken by deposition or before a circuit court commissioner or by a stenographer in open court, such evidence may be settled by some other circuit judge of this State, whenever the judge who tried the case shall die, resign or vacate the office because of the expiration of his term, or for any other cause, or whenever such judge shall be unable to settle such evidence, within the time prescribed by this act, by reason of sickness, absence from the State or any other cause. And such case so made and filed within three months after the entry of the final order or decree therein, shall be deemed and held to be the evidence therein for all purposes of review on appeal to the Supreme Court: And provided further, That the judge who Further proviso, tried such case, or any other circuit judge holding such court of time. may grant an extension of the time for making and filing such case for a period not exceeding six months, from and after the date of the entry of such decree or final order: And Further proviso, provided further, That the judge who tried such case, or any extra time. other circuit judge holding such court, shall have power, on special motion and due cause shown and upon due notice according to the rules of said court, to the opposite party or his attorney, to grant an extension of the time for making and filing such case for a period not exceeding one year from and after the date of the entry of such decree or final order; that in case of the granting such extra time on cause shown Party to give as last mentioned, the judge shall require the party asking such extension to give bonds to the opposite party in such sum as the court may fix with sufficient surety or sureties, to be approved by such judge, conditioned to perform the order or decree, if such appeal is not prosecuted to effect; as to extension as to granting bond. and upon the case so made and filed as herein authorized Manner of appeal. an appeal may be taken to the Supreme Court by any of the parties to such suit as in ordinary chancery causes. This act is ordered to take immediate effect. Approved May 17, 1905. Appropriation. How used. Proviso as to [No. 130.] AN ACT making an appropriation for the State Prison at Jackson for the fiscal year ending June thirty, nineteen hundred six, for the purpose of repairing and replacing portions of the machine shops recently damaged by fire, including a new metal, tile or slate roof, and for the purchase of material for the erection of a brick store room, and to provide a tax therefor. The People of the State of Michigan enact: SECTION 1. There is hereby appropriated for the State Prison at Jackson for the fiscal year ending June thirty, nineteen hundred six, the sum of eighteen thousand five hundred dollars, for purposes and amounts as follows: For repairing and replacing portions of the machine shops recently damaged by fire, including a new metal, tile or slate roof, sixteen thousand dollars; for the purchase of material for the erection of a brick store room, two thousand five hundred dollars: Provided, That if the amount designated in this transfer of funds. section for either of the purposes stated be insufficient to complete the work or purchase, any surplus remaining after the completion of the other work or purchase specified in this section may, by obtaining the consent of the State Board of Corrections and Charities and Auditor General, in writing, before any expense in excess of the specified appropriation is incurred, be used in the account where such deficiency seems unavoidable, the intent of this proviso being to make the entire eighteen thousand five hundred dollars available for the purposes stated herein, if, in the judgment of the State Board of Corrections and Charities and Auditor General it is deemed advisable to make the transfer for which Further proviso. provision is hereby made: Provided further, That the board of control of the State Prison may obtain money under this section before July one, nineteen hundred five, in such amounts as they may, by requisition, certify to the Auditor General are necessary for immediate use, which amounts thus advanced shall be deducted from the total amount when the appropriation becomes available. How paid out. To be incorporated in State tax. SEC. 2. The several sums appropriated by the provisions of this act shall be paid out of the State treasury to the warden of the State Prison at such times and in such amounts as the general accounting laws of the State prescribe and the disbursing officer shall render his accounts to the Auditor General thereunder. SEC. 3. The Auditor General shall incorporate in the State tax for the year nineteen hundred five the sum of eighteen thousand five hundred dollars which, when collected, shall be credited to the general fund to reimburse the same This act is ordered to take immediate effect. [No. 131.] AN ACT to regulate the catching of pickerel with hook and line in the county of St. Clair. The People of the State of Michigan enact: pickerel of cer SECTION 1. That in the county of St. Clair in this State, Lawful to catch it shall be lawful to catch with hook and line, pickerel weigh- tain weight. ing not less than one-half pound, and to use such fish when so caught. SEC. 2. All acts or parts of acts in anywise contravening Repealing clause. the provisions of this act are hereby repealed. This act is ordered to take immediate effect. [No. 132.] AN ACT to provide for the lawful taking of suckers from the waters of Gull lake, in Kalamazoo and Barry counties, Michigan. SECTION 1. That it shall be lawful to take suckers from Lawful to take suckers in any the waters of Gull lake, in Kalamazoo and Barry counties, manner in certain by means of spear or nets, or in any other manner not de- months. structive to other kinds of fish, from the tenth day of April to the first day of May: Provided, That the taking of said Proviso. suckers from said waters shall be done in such manner as not to destroy other kinds of food fish protected under the laws of this State from being taken with nets or in any other way prohibited by law. This act is ordered to take immediate effect. Section amended. How road may be maintained. Company to first accept terms, etc., in writing. Acceptance, where recorded. Terms under which company may operate. [No. 133.] AN ACT to amend section thirteen of act number thirty-five of the laws of eighteen hundred sixty-seven, entitled "An act to provide for the formation of street railway companies," being section six thousand four hundred forty-six of the Compiled Laws of eighteen hundred ninety-seven, as amended by act number two hundred thirty-four of the public acts of nineteen hundred one. The People of the State of Michigan enact: SECTION 1. Section thirteen of act number thirty-five of the laws of eighteen hundred sixty-seven, entitled "An act to provide for the formation of street railway companies," being section six thousand four hundred forty-six of the Compiled Laws of eighteen hundred ninety-seven, as amend ed by act number two hundred thirty-four of the public acts of nineteen hundred one, 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 in and by an ordinance or ordinances duly enacted for that purpose, and under such rules, regulations and conditions as in and by such ordinance or ordinances shall be prescribed, construct, use, maintain and own a street railway for the transportation of passengers in and upon 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 no such railway company shall construct any railway in the streets of any city or village until the company shall have accepted in writing the terms and conditions upon which they are permitted to use said streets; and any such company may extend, construct, use and maintain their road in and along 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 by the company of the terms thereof, shall be recorded by the township clerk in the records of his township. Any company organized under the provisions of this act may construct, use, maintain and own a street railway for the transportation of passengers in and along the streets and highways of any township 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 by the company of the terms thereof, shall be recorded by the township clerk in the records of the township; and any such company may con right of eminent condemnation of agreement be commissioners. struct, use, maintain and own a street railway upon private Company to have rights of way and all such companies shall, when necessary domain. to enter upon and use private property in such construction and operation, have the same power and right of eminent domain as is now possessed by railroad companies. All pro- Proceedings for ceedings at law or in equity necessary to give this section property. effect shall be the same as proceedings for the condemnation of property for companies organized under the general railroad law and all statutes relative to the exercise of the right of eminent domain for railroad purposes are hereby made applicable to proceedings under this act: Provided, Proviso as to That any such company may construct, use, maintain and tween company own a street railway as is herein provided along any highway and county road heretofore laid out or 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, with the approval of a majority of the board of supervisors, 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. Excepting, however, that whenever the right Company not to of way for such railways is acquired by the exercise of the power and right of eminent domain, the person, association or corporation acquiring the same under and by virtue of such power and right, shall not thereby acquire any right, title or interest in and to any ores or minerals either upon or beneath the surface of such part of the right of way, but the same shall remain the property of the owners of the land or ores and minerals at the time the right of way is so acquired. And said owners may, without let or hindrance. Owners may mine, take and carry away all such ores and minerals, and in doing so the said owners shall not be required to protect the surface of such right of way from being damaged or endangered by the removal of such ores and minerals. This act is ordered to take immediate effect. Approved May 18, 1905. acquire title to ores or minerals. mine all orcs and minerals. |