legislature of such state: Provided, That such state or mu- Proviso. nicipality has not, in the ten years preceding the time of such investment, repudiated its debt and failed to pay the same or the interest due thereon, or upon any part of such debt: And provided further, That the net indebtedness of Further proviso. said city, county, township, village or school district shall not exceed five per cent of the assessed valuation of all the real estate of said city, county, township, village or school district, said valuation to be on the basis of the last preceding equalization of the state board for counties, and the proportionate amount thereof. The term net indebtedness in this section "Net indebtedshall be construed to denote the indebtedness of any city, construed. county, township, village or school district, omitting debt created for supplying the inhabitants with water and deducting the amount of sinking funds available for the payment of such indebtedness; or upon negotiable notes secured by pledge of stock of national banks, the market value of which equals or exceeds twenty-five per cent above its par value at the time of the loan: Provided, That the loan shall not exceed fifty per cent of the market value of the stock so pledged; and to change and reinvest the same as occasion may from time to time require. Approved June 1, 1905. ness," how Proviso. [No. 156.] AN ACT authorizing street railway companies or any railroad company organized under the laws of this State to own, maintain and operate steamboats, barges or vessels. The People of the State of Michigan enact: operate steam SECTION 1. Any street railway, or any railroad company, May own and organized under the laws of this State, may own and operate, boats, barges, etc. in connection with its railway lines, such number of steamboats, barges or vessels, as its traffic of passengers or freight shall render necessary to make complete its different routes. And it may own and operate such steamboats, barges and May operate vessels beyond the boundary lines of the State of Michigan state." for the purpose of making connections with its lines in the carriage of passengers and freights. outside the SEC. 2. Said companies shall operate such steamboats, Restrictions. barges or vessels subject to such restrictions as are now imposed on other corporations and private individuals owning and operating steamboats, barges and vessels. This act is ordered to take immediate effect. Townships may acquire land for Board of commissioners, [No. 157.] AN ACT to authorize a township or townships to acquire by gift or devise real estate and to own and control the same for a free public park or resort; to provide for a board of commissioners therefor and to authorize said township or townships, by a limited tax on the property in such township or townships, to maintain such park or resort and to make all needful rules and regulations for the control and government of the same. The People of the State of Michigan cnact: SECTION 1. Any township or townships in the State of free public park. Michigan, being a contiguous or adjacent territory, may ac quire by gift or devise a tract of real estate which shall be. contiguous or adjacent to the territory acquiring the same for a free public park or resort, and are hereby authorized to hold such real estate in fee simple for such purposes. The who to comprise. supervisor of each of such townships shall comprise a board of commissioners for the control of such park or resort and in case any such supervisor shall decline to act as such commissioner, then the township board shall designate a member of the township board to act as such commissioner. In case there is only one township interested in such park, then the township board shall be the board of commissioners. Such commissioners shall act in that capacity during the term of office to which they were elected respectively in their townships and until their successors are elected and qualified. Term of office. Power of board. Proviso. Election of officers. Duty of secretary. SEC. 2. Such board of commissioners shall have the power to adopt rules and regulations for the maintenance of such park or resort and may make leases for the purposes of erecting cottages and other necessary buildings under such rules and regulations as it deems expedient: Provided, That under such lease no spirituous or malt liquors shall be sold on the premises. SEC. 3. The said board of commissioners shall annually elect one of its members as president. It shall elect a secretary and treasurer, and may appoint such other officers or employes as it may deem necessary. The secretary shall keep a correct record of all the transactions of the board of commissioners, which shall be a public record, and may be inspected at all times by any taxpayer residing in any township owning an interest in any such park or resort as a Treasurer's bond, grantee. The treasurer shall give a bond in the penal sum of six thousand dollars. Plan to secure park shall set SEC. 4. Any plan for the securing such park or resort shall forth the premises. fully set forth the premises which it is intended to occupy as a park or resort, and specify the sum which each of said townships will raise by tax each year for the maintenance and support thereof, which shall not be less than one-tenth of a Tax levy. mill nor more than five mills on the respective valuations of each of said townships. Said moneys so received shall be Money, paid to the treasurer of said board of commissioners, and to whom paid. shall be paid out on orders drawn on him, signed by the chairman and secretary of said board of commissioners. The Proposition to be full proposition shall be submitted to the qualified electors of electors. each township at a regular or special election, and if adopted by a majority vote shall be a binding contract on such township, and if adopted, shall be recorded in the office of the register of deeds in the county or counties in which said. submitted to lands shall be situated. The manner of conducting, noticing, General law to canvassing, returning and declaring the result of such elec- govern elections. tion shall, as near as may be, be the same as is now prescribed by the general election law governing elections in said townships for the election of township officers. from taxation. SEC. 5. So much of the estate, both real and personal, as Property exempt is owned by such township or townships shall be exempt from taxes, but all improvements under lease for private use shall be liable to be taxed. Approved June 1, 1905. [No. 158.] AN ACT to amend sections twenty-three and twenty-four of chapter twenty-one of the revised statutes of eighteen hundred forty-six, entitled "Hawkers and Peddlers," said sections being compiler's sections five thousand three hundred thirty-one and five thousand three hundred thirty-one a of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: amended. SECTION 1. Sections twenty-three and twenty-four of chap- Sections ter twenty-one of the revised statutes of eighteen hundred forty-six, entitled "Hawkers and Peddlers," said sections being compiler's sections five thousand three hundred thirtyone and five thousand three hundred thirty-one a of the Compiled Laws of eighteen hundred ninety-seven, are hereby amended so as to read as follows: SEC. 23. Every person who shall be found traveling and Penalty for trading as aforesaid, and who shall refuse to produce a license license. failure to produce as a hawker or peddler to any officer or citizen who shall demand the same, or who shall, if traveling with a vehicle for the carrying of his goods, wares or merchandise, fail to display such license on such vehicle, shall for each offense, forfeit the sum of ten dollars. When costs not allowed defendant. SEC. 24. In every case of a prosecution against any person for the recovery of any penalty given in this chapter, no costs shall be allowed to the defendant if it shall appear that before the commencement of the prosecution such defendant had refused to produce or display his license or to disclose his name, when lawfully required. Approved June 1, 1905. When lawful to take with net. Proviso. [No. 159.] AN ACT to provide for the lawful taking of cisco fish in the waters of Brown's lake, in Jackson county. The People of the State of Michigan enact: SECTION 1. It shall be lawful for any person, from October fifteen to November fifteen, both inclusive, to take cisco fish in the waters of Brown's lake, in Jackson county, by means of legal mesh net: Provided, That the taking of such cisco fish shall in no way interfere with or destroy other fish proFurther proviso. tected under the laws of this State: And provided further, That the meshes in said nets authorized to be used under the provisions of this act, shall, in no case, be less than one and one-half inches. Not to be sold. SEC. 2. Any cisco fish taken lawfully in Brown's lake between the dates hereinbefore provided, may be retained by the person or persons so taking them, but shall not be sold or offered for sale. This act is ordered to take immediate effect. Books subject to inspection of [No. 160.] AN ACT to provide for the inspection and examination by the Attorney General of books, papers and documents in the custody or control of any railroad company. The People of the State of Michigan enact: SECTION 1. That whenever the State of Michigan, or any attorney general. Officer on its behalf, is either plaintiff or defendant in any action, suit or proceeding at law or in equity now or hereafter defended or prosecuted by any railroad company organized or existing by or under any law of this State, the books, papers and documents belonging to or in the custody or control of any such railroad company, whether plaintiff or defendant, or in the custody or control of its successor, whether formed under section six thousand two hundred twenty-five of the Compiled Laws of eighteen hundred ninety-seven, or otherwise, shall so far as such inspection and examination is necessary to enable the Attorney General either to plead or prepare for the trial or hearing of such suit, action or proceeding, be subject to the inspection and examination of the Attorney General and of his assistants and clerks, when acting under his instructions. SEC. 2. The right of the Attorney General, and of his How enforced. clerks and assistants as aforesaid, to such inspection and examination may be enforced by an order made in such action, suit or proceeding on the motion or petition of the Attorney General, or by mandamus issued by any court of competent jurisdiction. SEC. 3. It shall not be necessary in any proceeding for an Not necessary to specify in order or for a mandamus, under this act, to specify in detail detail. and with particularity, the books, papers and documents sought to be examined and inspected. It shall be sufficient in all cases to designate generally, such books, papers and documents. tecum no de SEC. 4. It shall be no defense or answer to any motion or Subpoena duces petition or to an application for a mandamus under this act, fense. that the production of such books, papers and documents can be procured by subpoena duces tecum; or that the railway company having the custody or control of such books, papers or documents is willing to furnish copies, excerpts from or compilations of such books, papers or documents, or that such railway company against whom such order or mandamus is sought to be obtained, is not a party to such action, suit or proceeding. for protection SEC. 5. The court making such order or allowing such Court to provide mandamus shall provide for the protection of the rights of the of rights of parties concerned in the inspection and examination of the parties. books, papers and documents under this act. whom served. SEC. 6. Any notice of motion, petition or order to show Notice to show cause why a mandamus shall not issue under this act may be use, etc., upon served upon the general attorney, or upon any officer of such railroad company. This act is ordered to take immediate effect. |