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To construct road

streams, etc.

near

To lay out and Fourth, To lay out its road, not exceeding one hundred construct road, feet in width, and to lay out its tunnel and its tunnel

approaches not exceeding two hundred feet in width, and
to construct the same, and, for the purpose of cuttings and
embankments, and for procuring stone, gravel or other
material, or for the purpose of draining its road bed or tun-
nel, to take, in the manner herein provided, such further
lands adjacent to and in the vicinity of its road or tunnel,
as may be necessary for the proper construction, operating
and security of its road or tunnel;
Fifth, To construct its road

upon or across, or its railor tunnel under road tunnel under any stream of water, water-course, private

road, street, lane, alley or highway, and across or under any plank road, railroad, or canal, which the route of its road or railroad tunnel shall lie along, or intersect; but the corporation shall restore the stream, water-course, private road, street, alley, lane, highway, plank road, railroad or canal to its former state, as as may be, but shall not materially obstruct the navigation of any stream, nor obstruct any public highway or street by cars or trains for more than five minutes at any one time, and the commissioner of railroads shall have authority to cause the removal of switches that are so located with reference to public highways or streets that by reason of the constant switching or shunting of cars the use of the public highway or street is materially obstructed, impeded or delayed; and such corporation shall construct suitable road and street crossings for the passage of teams by fitting down planks between and on each side of the rails of such road,

the top of which shall be at least one-half inch higher Construction than the top of the rails of such road; and in case of the upon streets, etc. construction of such railway upon any public street, lane,

alley or highway, the same shall be on such terms and conditions as shall be agreed upon between the railroad company and the common council of any city, or the village board of any village, or the commissioners of highway of any township in which the same may be; but such railway

shall not be constructed upon any public street, lane, alley, Compensation to highway or private way until damages and compensation be

made by the railroad company therefor to the owner or owners of property adjoining such street, lane, alley, highway, or private way, and opposite where such railroad is to be constructed either by agreement between the railroad company and each owner or owners, or ascertain as herein prescribed for obtaining property or franchises for the purpose of its incorporation to be paid to the owner thereof,

or deposited as hereinafter directed. To unite with Sixth, To cross, join, and unite its railroads with any other railroads,

other railroad now or hereafter constructed under any law whatever at any point on its route, and upon the grounds of such other railroad now or hereafter constructed with the necessary turn-outs, sidings, and switches, and other

adjacent owners,

etc.

more

nor

accommodations and conveniences, in furtherance of the objects of its connections; and to make all such business arrangements as said companies may agree upon. And every company whose railroad shall be intersected by any other railroad shall unite with the owners of such other railroads in forming such intersections and connections and grant facilities for the same as hereinafter provided;

Seventh, To take, transport, carry, and convey persons To transport and property on their said road or through such tunnel passengers, etc. by the force and power of steam, animals, or any mechanical power, or by any combination of them, and to receive tolls and compensation therefor: Provided, That in trans- Proviso as to porting freight by the car, loaded by the shipper and charges, unloaded by the consignee, no railroad company shall charge for transporting each of such cars more than eight dollars for any distance not exceeding ten miles, nor than fifty cents per mile for the second ten miles, more than twenty-five cents per mile for the third ten miles; and for distances exceeding thirty miles, in no case shall the charge between any two points on the said railroad exceed the minimum charge on the entire line. This provision shall not apply to the Upper Peninsula, nor to any company operating less than fifteen miles of railroad;

Eighth, To erect and maintain all necessary and con- To erect depots, venient buildings, stations, depots, and fixtures, and etc, machinery for the accommodation and use of their passengers, freight, and business, and to obtain and hold all the lands necessary therefor;

Ninth, To regulate the time and manner in which pas- to regulate time, sengers and property shall be transported, and the tolls manner and and compensation to be paid therefor; but such compensa- for transporting tion for transporting any passenger and his or her ordinary baggage, not exceeding in weight one hundred and_fifty pounds, shall not exceed the following prices, viz.: For a Three cents per distance not exceeding five miles, three cents per mile; for mile. all other distances, for all companies the gross earnings of whose passenger trains, as reported to the commissioner of railroads for the year one thousand eight hundred and eighty-eight, equaled or exceeded the sum of three thousand dollars for each mile of road operated by said company, two cents per mile, and for all companies the earnings of Two cents per whose passenger trains reported as aforesaid, were over two thousand and less than three thousand dollars per mile of road operated by said company, two and a half cents per Two and a half mile, and for all companies whose earnings reported as aforesaid were less than two thousand dollars per mile of road operated, by said company, three cents per mile: Provided, That in future, whenever the earnings of Proviso, any company doing business in this State, as reported to the commissioner of railroads at the close of any year, shall increase so as to equal or exceed the sum of two thousand or three thousand dollars per mile of road operated by said

passengers, etc.

mile,

cents,

1

Proviso as to roads in Upper Peninsula.

as to thousand

company, then in such case said companies shall thereafter, upon the notification of the commissioner of railroads, be required to only receive as compensation for the transportation of any passenger and his or her ordinary baggage, not exceeding in weight one hundred and fifty pounds, a rate of two cents and a half, or two cents per mile as herein before provided: Provided, That roads in the Upper Peninsula which report as above provided passenger earnings exceeding three thousand dollars per mile, shall not charge to exceed three cents per mile, and roads reporting less than three thousand dollars per mile shall be allowed to

charge not to exceed four cents per mile: Provided further, Further proviso That one thousand mile tickets shall be kept for sale at the mile tickets.

principal ticket offices of all railroad companies in this State or carrying on business partly within and partly without the limits of this State, at a price not exceeding twenty dollars in the Lower Peninsula and twenty-five dollars in the Upper Peninsula. Such one thousand mile tickets may be made non-transferable, but whenever required by the purchaser, they shall be issued in the names of the purchaser, his wife, and children, designating the name of each on such ticket, and in case such ticket is presented by any other than the person or persons named thereon, the conductor may take it up and collect fare, and thereupon such one thousand mile ticket shall be forfeited to the railroad company. Each one thousand mile ticket shall be valid for two years only after

date of purchase, and in case it is not wholly used within Company to re. the time, the company issuing the same shall redeem the portion, unused portion thereof, if presented by the purchaser for

redemption within thirty days after the expiration of such
time, and shall on such redemption be entitled to charge
three cents per mile for the portion thereof used.

This act is ordered to take immediate effect.
Approved May 21, 1891.

Time tickets shall be valid,

deem unused

[ No. 91. ] AN ACT to provide for ceding to the United States of

America exclusive jurisdiction over the property selected for fish hatchery purposes for use of the United States Fish Commission, in the township of Plymouth, county of Wayne and State of Michigan, during the time the United States shall be and remain the owner thereof, for all purposes except the adminstration of the criminal laws of the State of Michigan, and the service of civil and criminal process therein.

SECTION 1. The People of the State of Michigan enact, That the State of Michigan hereby cedes to the United States, exclusive jurisdiction over the property heretofore

Jurisdiction ceded.

property.

acquired by the United States by purchase, for the use of Purpose. the United States Fish Commission for fish hatchery purposes and other public uses, in the township of Plymouth, county of Wayne, and State of Michigan; said property being described by metes and bounds as follows: Commencing at the corners of sections three, four, nine and Description of ten, town one south, of range eight east, running thence north forty minutes west along the east line of section four, three chains and twenty-nine links to a stake at the southeast corner of land of I. Slaght; thence north eighty-eight degrees west, along said Slaght's south line, three chains and three links to a stake at the southwest corner of said Slaght's land, thence north seven degrees west, along the west line of said Slaght's land, two chains and twenty-five links to an iron bolt driven in the center of a highway; thence south fifty-three and one-half degrees west, along the center of the highway, one chain and two links to an iron stake; thence north thirty-nine and one-half degrees west, ninety-five links to a stake and drain tile placed for a corner; thence north twelve degrees west, one chain and twenty-five links to a stake in the south line of lands of Major D. Gorton; thence south eighty-nine and three-fourths degrees west, along said Gorton's south line, five chains and sixty-four links to a stake at the southwest corner of said Gorton's land, and in the east line of lands of E. R. Reed; thence south one-fourth degree east, along the east line of said Reed's land, three chains and sixteen links to a stake; thence east thirty-eight links to a stake on the west side of a large spring; thence south thirty-four degrees, fifty minutes east, fifty links to a stake; thence south forty-two degrees five minutes east, fifty links to a stake; thence south fifty-five degrees, thirty-five minutes east, fifty links to a stake; thence south seventyfive degrees fifty-five minutes east, fifty links to a stake; thence south eighty-seven degrees twenty-five minutes east, one chain and twenty-one links to center of road to a stake; thence north fifty-three and one-half degrees east, along the center of said highway, sixty-five and one-half links to a stake; thence south fourteen degrees east, three chains to a stake on the south line of section four; thence east along the south line of said section, six chains and twenty-five links to the southeast corner of said section or place of beginning. The above described lands being a part of the southeast quarter of section four, and known as the Cold Springs Cream and Butter Company's land. Also, commencing at the corners of sections three, four, nine and ten, town one south, of range eight east, running, thence west along the south line of section four, six chains and twenty-five links to a stake at the southwest corner of the lands of the Cold Springs Cream and Butter Company; thence north fourteen degrees west, along the line between the lands of said company and that of J. V. Harmon, three

chains to a stake in the center of a highway; thence south
fifty-three and one-half degrees west, along the center of
said highway, two chains and twenty-three links to a stake;
thence south two degrees ten minutes east, one chain
fifty-eight links to the south line of section four; thence on
the same course south, two degrees ten minutes east, twelve
chains and sixty-two links to a stake; thence east seven
chains and eighty-six links to a stake in the east line of
section nine; thence north one and one-half degrees east,
along the east line of said section nine, twelve chains and
fifty-nine links to the northeast corner of said section or
place of beginning; being one-half acre on section four,
and ten acres and four-tenths on section nine. Said exclu-
sive jurisdiction to continue during the time and so long
as the title to the property be and remains in the United
States, for all purposes except the administration of the
criminal laws of the State of Michigan, and the service of
civil and criminal process therein.

This act is ordered to take immediate effect.
Approved May 22, 1891.

Time of

Exception.

[ No. 92.)

Territory detached.

Register of deeds to transcribe records, etc.

AN ACT to detach certain territory from the county of

Marquette, and to attach the same to the county of Iron.

SECTION 1. The People of the State of Michigan enact, That townships numbered forty-five and forty-six, north of ranges numbered thirty-one, thirty-two, thirty-three, thirtyfour west, be detached from the county of Marquette, and attached to the county of Iron.

SEC. 2. The register of deeds of said county of Iron, shall transcribe, or cause to be transcribed, the records of deeds, mortgages, and other records from the records of the county of Marquette so far as the same relate to the territory hereby detached from said county of Marquette, and attached to said county of Iron. And said register of deeds, and such other person or persons as he may designate shall have access to the books in the office of the register of deeds of said county of Marquette, for that purpose, and the board of supervisors of said county of Iron shall make provision for defraying the expenses of the same. Such transcribed records shall be taken and received in all cases, and have the same legal effect as the original records.

SEC. 3. All taxes heretofore levied upon the territory hereby detached from said county of Marquette, and attached to said county of Iron, shall be collected in the same manner as though this act had not passed.

SEC. 4. The settlement between said counties of Iron and Marquette shall be made on the basis of the equalized valus

Of taxes levied.

Settlement between counties.

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