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Proviso,

Roads meriting $500 per mile.

Proviso.

Roads meriting $750 per mile.

rolling, and covered with a layer of gravel which shall not be less than five inches thick after rolling: Provided, That both shoulders and metaled track shall be properly crowned so as to shed water quickly to the side ditches, shall merit, if approved by the State Highway Commissioner a reward from the State of two hundred fifty dollars a mile and pro rata for extra miles and fractions thereof in excess of the first mile.

(b) For every mile of well graded road on which the steepest incline shall not exceed six per cent, and the width of which shall not be less than eighteen feet between side ditches, and which shall be properly drained, and have a wagon way or travel track not less than nine feet wide, and which shall consist of not less than eight inches of compacted gravel, which must be applied in not less than two layers, each layer to be rolled separately: Provided, That both shoulders and metaled track shall be properly crowned so as to shed water quickly to the side ditches, shall merit, if approved by the State Highway Commissioner, a reward from the State of five hundred dollars a mile and pro rata for extra miles and fractions thereof in excess of the first mile.

(c) For every mile of well graded road on which the steepest incline shall not exceed six per cent, and the width of which shall not be less than eighteen feet between side ditches, and which shall be properly drained, and have a wagon way or travel track not less than nine feet wide made in two courses; the bottom course to be of crushed stone, which shall not be less than four inches thick after thorough rolling; and a top course consisting of a layer of gravel which shall not be less than three inches thick after being thoroughly rolled : Provided, That both shoulders and metaled track shall be properly crowned so as to shed water quickly to the side ditches, shall merit, if approved by the State Highway Commissioner a reward from the State of seven hundred fifty dollars a mile and pro rata for extra miles and fractions thereof in excess of the first mile.

(d) For every mile of well graded road on which the steepest incline shall not exceed six per cent, and the width of which shall not be less than eighteen feet between side ditches, and which shall be properly drained, and have a wagon way or travel track not less than nine feet wide made in two courses; the bottom course to be of gravel and not be less than four inches thick after thorough rolling; and a top course consisting of a layer of crushed stone, which shall not be less than three inches thick after being thoroughly rolled and properly bonded with sufficient stone screenings: Provided, That both shoulders and metaled track shall be properly crowned so as to shed water quickly to the side ditches, shall merit, if approved by the State Highway Commissioner, a reward from the State of seven hundred fifty dollars a mile and pro rata for extra miles and fractions thereof in excess of the first mile.

Proviso.

Roads meriting $750 per mile.

Proviso.

in one year.

(e) For every mile of well graded road on which the Roads meriting steepest incline shall not exceed six per cent, and the width $1,000 per mile. of which shall not be less than eighteen feet between side ditches, and which shall be properly drained, and have a wagon way or travel track not less than nine feet wide of well compacted macadam not less than six inches thick, laid in not less than two courses, each to be properly bonded with sufficient stone screenings and thoroughly rolled: Provided, Proviso. That both shoulders and metaled track shall be properly crowned so as to shed water quickly, to the side ditches, shall merit, if approved by the State Highway Commissioner a reward from the State of one thousand dollars a mile and pro rata for extra miles and fractions thereof in excess of the first mile.

Sec. 11. No claim for State reward for improved roads of Reward limited over two miles in any one township in any one year shall be allowed by the State Highway Commissioner: Provided, Proviso. howerer, If any township or county shall have raised money by tax or by sale of bonds to build more than two miles of road such as merits State reward in a township in a year, and the road built is approved by the State Highway Commissioner, and this road is kept in as good condition as when approved by the commissioner, such township or county shall have its application number remain upon the books of the department and draw each year the maximum amount allowed to a township in a year until such time as the town. ship or county has received the amount due for the class and amount of road built: Provided, Money has been appropri. Proviso. ated for the purpose. In case the road building money was raised by the sale of bonds, the State reward money shall be used only for the payment of the principal of the bonds.

Sec. 12. The State Highway Commissioner is hereby given When State the authority to refuse to grant any further road reward to

commissioner any township or county that has been rewarded by the State grant reward. for improving roads, that does not keep these State rewarded roads in proper repair, but, upon his refusal to any township or county for an allotment of State reward, it shall be the Commissioner's duty to inform such township or county of what repairs are necessary to place them in a position to again be eligible to receive State reward, and if these repairs are made satisfactorily to the Commissioner, he shall reinstate them to the eligible reward list.

Sec. 13. The decision of the State Highway Commissioner Decision of shall be final, relative to whether the road is built well enough

commissioner or not to merit State reward, and shall have the right to retain any amount of the reward he deems advisable until the road has been thoroughly tested.

Sec. 14. This act gives no authority to pay any reward No reward on for any improvements made in public wagon roads prior to

prior to this act. the passage of this act.

SEC. 15. There shall be assigned to the State Highway Office, who to Commissioner, by the Board of State Auditors, suitable rooms

provide, etc.

.

may refuse to

final.

roads made

Appropriation.

Expenses, reward fund.

at Lansing for the conducting of the business of the State Highway Department, and they shall provide suitable furniture and office equipment.

Sec. 16. To carry out the provisions of this act, there is hereby appropriated for the fiscal year ending June thirty, nineteen hundred six, the sum of thirty thousand dollars, and for the fiscal year ending June thirty, nineteen hundred seven, the sum of sixty thousand dollars; of which ten thousand dollars each year constitutes the sum that may be used for the running expenses of the department, and the balance constitutes the State reward fund, for encouraging the improve ment of the public wagon roads.

SEC. 17. The Auditor General shall add to and incorporate in the State tax for the year nineteen hundred five, the sum of thirty thousand dollars, and for the year nineteen hundred six, the sum of sixty thousand dollars, which when collected shall be credited to the general fund to reimburse the same for the money hereby appropriated.

This act is ordered to take immediate effect.
Approved June 1, 1905.

To be incorporated in state tax.

[No. 147.]

AN ACT to regulate the issùing of warehouse certificates in

certain cases.

The People of the State of Michigan cnact:

Who may issue warehouse certificates

SECTION 1. All persons, firms or corporations owning or dealing in flour, grains, beans; seeds or other farm products, or engaged in the business of slaughtering cattle, sheep or hogs, and dealing in the various products therefrom, or buying or selling sugar, butter, eggs, cheese, dressed poultry or any other merchandise, who own or control the structures wherein any such business is conducted, or such commodities stored, may issue elevator or warehouse certificates or receipts for any such commodities actually on hand and in store, the property of such person, firm or corporation, and may, by the issue of

such certificates, sell, sign, encumber or pledge such comWhat to contain. modities. Such certificate or receipt shall contain the date

of its issue, the name and address of the person, firm or corporation issuing the same, and the name and address of the party to whom issued, the location of the elevator, warehouse or structure wherein the commodity therein described is stored, the quantity of each commodity mentioned therein, the brands or marks of identification thereon, if any, and shall be signed by the person, firm or corporation issuing the same.

SEC. 2. Before any such person, firm or corporation, ex- Declaration to cept as hereinafter provided, shall be authorized to issue such register of elevator or warehouse certificates or receipts, he or it, as the deeds. case may be, shall file in the office of the register of deeds of the county wherein such elevator, warehouse or other structure is situated, a written declaration which shall contain the name and place of residence or location of such person, firm or corporation, and shall state that he or it designs keeping or What to state. controlling an elevator, warehouse or other structure for the storage and sale of commodities mentioned in the preceding section, and shall contain an accurate description of such elevator, warehouse or other structure, the location thereof, and the name or names of any person, other than the one making such declaration, who has any ownership interest in such elevator, warehouse or structure, or in the land upon which it is situated. Such declaration shall be signed and acknowl. edged by the party making the same, before some officer authorized to take acknowledgments of deeds for said county.

SEC. 3. Each certificate or receipt issued by any such per- Statement to son, firm or corporation, under the provisions of this act, shall appear on back have printed on the back thereof, a statement that the party issuing the same has complied with the requirements of section two of this act, giving the book, page and name of the county where the record of such declaration may be found. When Certificate to be such certificate or receipt is so issued and delivered, it shall

transferable. have the effect of transferring to the holder thereof the title to the commodities therein described or enumerated, and shall thereafter be assignable and transferable by delivery, and such delivery shall transfer to any bona fide holder, in due course, the title to the commodities therein described and enumerated, against all persons claiming title subsequent to the issuing and delivery of such certificate or receipt.

SEC. 4. All certificates or receipts given under the provi- Certificates to be sions of this chapter, shall be registered by the party issuing issuing party. them in a book kept for that purpose, showing the date thereof What to show. the number of each, the name of the party to whom issued, the quantities and kinds of commodities enumerated therein, and the brands or other distinguishing marks thereon, if any, which book shall be open to the inspection of any person hold- Open to in

spection ing any of the certificates or receipts that may be outstanding and in force, or his agent or attorney, and when any commodity' enumerated in any such certificate is delivered to the holder thereof, or it in any other manner becomes inoperative, the fact and date of such delivery or other termination of such liability shall be entered in such register, in connection with the original entry of the issuance thereof.

SEC. 5. No person, firm or corporation, shall issue any When unlawful elevator or warehouse certificates or receipts for any of the tificate. commodities mentioned in this chapter, unless such property is actually in the elevator or warehouse, or structure mentioned therein as the place where such commodity is stored, and it shall remain there until otherwise ordered by the lawful

Recover damages.

Misdemeanor, what deemed

holder of such certificate or receipt, subject only to the lien of the warehouseman thereon and his right to enforce the same. No second certificate or receipt shall be issued for the same property, or any part thereof, while any other or prior certificate is outstanding and in force, nor shall any such commodities be sold, encumbered, transferred or removed from such elevator, warehouse or other structure wherein the same was stored at the time such certificate or receipt was issued by the warehouseman or any agent or employe thereof, without the written consent of the holder thereof endorsed thereon.

SEC. 6. Any one injured by the violation of any of the provisions of this chapter, may recover his actual damages sustained on account thereof.

Sec. 7. Any person who shall wilfully alter or destroy any register or certificate or receipt provided for in this chapter or issue any receipt or certificate without entering or preserving in such book the registered memorandum; or who shall knowingly issue any certificate or receipt therein provided for when the commodity or commodities therein enumerated are not in fact in the building or buildings it is certified they are in, or shall, with intent to defraud, issue a second or other certificate for any such commodity for which, or for any part of which, a former valid certificate or receipt is outstanding and in force; or shall while any valid certificate or receipt for any part of the commodities mentioned in this chapter is outstanding and in force, sell, encumber, ship, transfer or remove from the elevator, warehouse or building where the same is stored, any such certified property, or knowingly permit the same to be done, without the written consent of the holder of such certificate or receipt, or if any person knowingly receives any such property or helps to remove the same, he shall, upon conviction, be punished by fine not exceeding ten thousand dollars, or by imprisonment in the State prison not exceeding five years.

SEC. 8. Nothing in this act shall be construed as prohibiting or preventing warehousemen from mingling in common bins, grains or beans or seeds of the same grade, issuing certificates or receipts therefor, and drawing out and shipping said grain, beans or seeds from said bins: Provided, That a sufficient quantity of such grain or seeds shall be retained and kept in said bins to represent and satisfy all outstanding receipts or certificates.

Sec. 9. Nothing in this act shall be construed to affect, interfere with or impair any rights of issuing and negotiation of any warehouse receipts or certificates under any existing law, or under any regulations of any chamber of commerce or board of trade within this State.

Approved June 1, 1905.

Penalty.

Not prohibiting mingling in common bing.

Proviso.

Act not to affect existing laws, etc.

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