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High explosives marked, branded or stamped.

Per cent of disruptive force.

[ No. 101. ]

AN ACT for regulating the marking of high explosives.

SECTION 1. The People of the State of Michigan enact, That no person shall within this State manufacture, sell, keep for sale, or offer for sale, any high explosive, which is not marked, branded or stamped as in this act provided.

SEC. 2. Every manufacturer of dynamite, or other high explosive, shall put a brand or mark on each case distinctly Trade mark, showing the percentage of disruptive force contained in each cartridge in said case, and the name, or trade mark, and the address of said manufacturer.

address.

For sale not properly marked.

False brand

or mark

demeanor.

SEC. 3. No person by himself, agents or servants shall sell, keep for sale, or offer for sale, any dynamite, or other high explosive not branded, or marked as provided in section two of this act.

SEC. 4. Any person, who shall falsely brand, mark, or stamp deemed a mis- any such explosive, or who shall sell, keep for sale, or offer for sale, any high explosives bearing any false brand or mark, shall be deemed guilty of a misdemeanor, and be punished as provided in section five of this act.

Violation.

Penalty.

Definition of explosives.

SEC. 5. Any person violating any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof before a court of competent jurisdiction, shall be punished by a fine of not less than twenty-five dollars nor more than fifty dollars together with costs of prosecution, or by imprisonment in a common jail in the county where convicted, or in the Detroit House of Correction not less than sixty nor more than ninety days, or both such fine and imprisonment in the discretion of the court.

SEC. 6. All explosives commonly known as "high explosives," shall be deemed to be within the meaning of this act. Approved April 28, 1897.

Act amended.

[ No. 102. ]

AN ACT to amend an act entitled, "An act to provide for the formation of street railway companies," approved March fifth, eighteen hundred sixty-seven, by adding three new sections thereto to be known as sections thirty-four, thirtyfive and thirty-six.

SECTION 1. The People of the State of Michigan enact, That an act entitled "An act to provide for the formation of street railway companies," approved March five, eighteen hundred and sixty-seven, be and the same is hereby amended by adding

three new sections thereto to be numbered thirty-four, thirtyfive and thirty-six, and to read as follows:

rations may

ness.

during certain

SEC. 34. Corporations organized under this act may do a What corposuburban express business and may carry farm produce, gar- do suburban den truck, milk, merchandise and other light freight: Pro- express busirided, That no cars for the conduct of any such business shall Not to be done be operated on any street railway within the limits of any hours. incorporated city or village in the day time, between eight o'clock in the morning and eight o'clock in the evening, without the consent of the municipal authorities, and under such rules and regulations as they may prescribe.

control of

SEC. 35. All street railway corporations organized or doing Subject to business under this act shall be subject to the supervisory con- railroad comtrol of the Commissioner of Railroads as provided by act missioner. number one hundred and seventy-one of the public acts of eighteen hundred and ninety-three, and the Commissioner of Railroads shall also have power to make from time to time reasonable rules and regulations for the operation of the street railways of such corporations in the conduct of the suburban express business they are authorized to carry on by this act as amended.

street rail

SEC. 36. That every person who places upon any street rail- Obstruction to way any timber, stone, iron or any other obstruction or who way. shall loosen or displace any rail of the track of such railway or shall break down or displace, destroy or injure any bridge, culvert or embankment of any such street railway or do any other act with intent to endanger the safety of any person traveling or being upon such street railway or to throw from such street railway any motor car, trailer car or car moving along the track of such street railway on which shall be any person injured thereby shall be punished by imprison- Penalty for. ment in the State Prison for life or for a term of years. This act is ordered to take immediate effect.

Approved April 28, 1897.

[ No. 103. ]

AN ACT to amend act number one hundred eighty-three of the public acts of eighteen hundred seventy-three, being compiler's sections five thousand six hundred ninety-one and five thousand seven hundred sixteen of Howell's annotated statutes entitled "An act to amend section one, of an act entitled, 'An act to confirm the record of letters of attorney in certain cases,' approved April seventeenth, eighteen hundred seventy-one, being section four thousand two hundred fifty-six of the compiled laws of eighteen hundred seventyone, and to add a new section thereto to stand as section two, relative to certified transcript copies of deeds, instruments, and letters of attorney, conveying title to real estate."

Sections amended.

Record of letters to be prima facie evidence.

Register of deeds to furnish tran script when

an instrument entitled to record in

more than

one county is destroyed pre

record.

SECTION 1. The People of the State of Michigan enact, That sections one and two of an act entitled, "An act to amend section one of an act entitled 'An act to confirm the record of letters of attorney in certain cases,' approved April seventeenth, eighteen hundred seventy-one, being section four thousand two hundred fifty-six of the compiled laws of eighteen hundred seventy-one, and to add a new section thereto to stand as section two, relative to certified transcript copies of deeds, instruments and letters of attorney conveying title to real estate, being sections five thousand six hundred ninety-one and five thousand seven hundred sixteen of Howell's annotated statutes, be and the same are hereby amended so as to read as follows:

SECTION 1. (5691.) That any letter of attorney or other instrument containing a power to convey lands, as agent or attorney for the owners of such lands, executed and acknowledged in the manner provided by the statutes of this State for the execution and acknowledgment of deeds or other conveyances of land, and which shall have been actually recorded in the office of the register of deeds in any county in the State prior to the first day of March in the year eighteen hundred forty-seven, may be proved in any court by the production of such record or a duly certified copy thereof and such record or a duly certified copy, shall be prima facie evidence of the due execution and acknowledgment of such letter of attorney or other instrument.

SEC. 2. (5716.) When deeds and instruments conveying title to real estate or any letter of attorney or other instrument containing a power to convey lands as agent or attorney for the owners of such lands, executed and acknowledged in the manner provided by the statutes of this State for the execution and acknowledgment of deeds or other conveyances of land, shall vious to such have been actually and regularly recorded in the office of the register of deeds of any of the counties of the State; and when such deeds, mortgages, instruments or other papers duly executed and designed for and entitled to record in more than one county of the State; and when such original papers have been consumed by fire or otherwise destroyed or lost before such other records have been completed; on satisfactory proof of such loss or destruction being made to the circuit judge of the district wherein such papers have been recorded, he may make an order authorizing the register of deeds to furnish certified transcript copies of such deeds, mortgages, instruments or other papers as set forth in this section. When such papers. with the circuit judge's order attached thereto, shall be presented to the register of deeds for any county of this State, it shall be the duty of such register to record the same; and when so recorded, such copy, and the record thereof, shall be as valid and entitled to the same credit in all matters of notice and proof of title as where the originals have been so entered on

Register of deeds to record papers when presented.

corded to be

record; and a certified copy thereof, and such record or a duly When recertified copy shall be prima facie evidence of the due execution prima facie and acknowledgment of such letter of attorney or other instrument.

This act is ordered to take immediate effect.
Approved April 28, 1897.

evidence.

[ No. 104. ]

AN ACT to amend chapter ninety-one of Howell's annotated statutes, being an act 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 or operating any railroad in this State," being act number one hundred and ninety-eight of the session laws of eighteen hundred and seventy-three approved May one, eighteen hundred and seventy-three as amended by act number one hundred and seventy-seven of the session laws of eighteen hundred and seventy-seven, and act number two hundred and thirty of the public acts of eighteen hundred and eighty-seven, and act number two hundred and two of the public acts of eighteen hundred and eighty-nine, and acts numbered fifty-two, ninety, and one hundred and twenty-three of the public acts of eighteen hundred and ninety-one, and to add two new sections to said chapter to stand as sections twenty-six and twenty-seven of article five.

SECTION 1. The People of the State of Michigan enact, That Chapter chapter ninety-one of Howell's annotated statutes being an act amended. 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 or operating any railroad in this State," being act number one hundred and ninety-eight of the session laws of eighteen hundred and seventy-three, approved May one, eighteen hundred and seventy-three, as amended by act number one hundred and seventy-seven of the session laws of eighteen hundred and seventy-seven, and act number two hundred and thirty of the public acts of eighteen hundred and eighty-seven, and act number two hundred and two of the public acts of eighteen hundred and eighty-nine, and acts numbered fifty-two, ninety, and one hundred and twenty-three of the public acts of eighteen hundred and ninetyone, be amended by adding thereto two new sections to stand as sections twenty-six and twenty-seven of article five of said act, said sections to read respectively as follows, viz.:

Definition of

gage" what to

include.

SEC. 26. The words "Ordinary baggage" and "Baggage" the term "bag: wherever used in this act, and in the acts amendatory thereto, shall be deemed to include bicycles, and no passenger shall be required to crate, cover, or otherwise protect any such baggage, provided each passenger shall be entitled to have but one bicycle transported under the provisions of this act.

Railroad com-
panies to
equip their
baggage cars
for the trans-
portation of
bicycles.

SEC. 27. All railroad companies shall equip their baggage cars with hooks, racks or other appliances for the safe and convenient storage and transportation of bicycles. Such hooks, racks or other appliances shall be of such construction as not to scratch, mar or injure the bicycle in any way. Any railroad company whose baggage cars are equipped as above provided shall not be liable for any damage to any bicycle while being stored or transported, unless such damage results from carelessness or negligence of its employès. This act is ordered to take immediate effect. Approved April 28, 1897.

Judges of probate may

on estates of deceased

persons.

[ No. 105.]

AN ACT to authorize and empower judges of probate, in certain cases, to license executors, administrators and guardians to borrow money by mortgaging or otherwise pledging the estates of deceased persons and persons under guardianship, and to repeal act one hundred sixty-five, laws of Michigan of eighteen hundred sixty-one, entitled "An act to authorize and empower judges of probate to license executors, administrators and guardians to mortgage or otherwise pledge estate for the settlement of debts against the same," and acts amendatory thereof.

SECTION 1. The People of the State of Michigan enact, That authorize bor. the several judges of probate may by order license and rowing money empower any executor, administrator or guardian, for the purpose of paying the debts of any deceased person or ward or against the estate of any deceased person or ward, or paying the legacies provided in the last will of any deceased person, or supporting any ward, or making necessary repairs to buildings belonging to such estate or ward, or for the purpose of completing the erection of buildings begun by such deceased person or ward or by some person in his behalf or for his benefit, to borrow money by mortgaging or otherwise pledging the estate of such deceased person or ward, or Proviso as to any part thereof: Provided, The authority herein given to mortgage or pledge estate for the payment of debts and lega cies shall extend to such estate only as might be sold for such purpose, except a mortgage or other lien exists against the

mortgages.

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