102 PUBLIC ACTS, 1899-No. 65. Temporary highway: how laid out. Proviso. Idem. Proviso as to logging railroad. Consent of owner, etc. To be private highways. Damages, to ..om paid. vate roads, and the, building, repairing and preservation of bridges within this State," the same being sections four thousand one hundred forty-eight, four thousand one hundred fortynine, four thousand one hundred fifty and four thousand one hundred fifty-one of the compiled laws of eighteen hundred ninety-seven, be and the same are hereby amended so as to read as follows: SEC. 7. Whenever any five resident owners of any pine or timber lands shall wish to have a temporary highway laid out, they may, by writing under their hands, make application to the commissioner of highways of the proper township for that purpose, who shall proceed to lay out such temporary highway in all respects as provided by law in relation to laying out public highways, except as hereinafter provided: Provided, That no such temporary highway shall be laid out or established running parallel with a public highway less than one mile distant from such public highway. SEC. 8. When any such application shall be made, the commissioner of highways of the township in which such road is to be located shall immediately certify the same to the township board of said township, and the highway commissioner and such township board shall at once proceed to view the premises described, and if the said highway commissioner and the township board shall unanimously determine that said highway is necessary for the purpose of removing the saw-logs, timber or lumber from any pine or other timbered lands, they shall certify the same under their hands and at the same time shall fix and determine the length of time that such highway will be necessary, and shall state such time in the record, and at the expiration of said time such highway shall cease: Provided, That no logging railroad shall be laid out or established in, upon or along any such temporary highways. SEC. 9. No such highway shall be laid out along and upon, and so as to occupy, any road made or caused to be made by the owner of any land, or by any person with the consent of such owner, and used by the person or persons who made the same, unless such owner shall consent thereto in writing. If the owner of the land across which any such highway is desired shall appear before the commissioner at the time and place of hearing, and shall designate a route for such highway which shall be, in the opinion of such commissioner, reasonably direct and practicable for the purpose desired by such applicants, it shall be the duty of the commissioner, în case he and the township board determine such highway to be necessary, to lay the same out upon the route designated by such owner. SEC. 10. Such temporary highways shall be private highways, and all the expenses of their laying out, which expense shall include the compensation due the township board and highway commissioner for such service, and all damages that may be awarded on account of the taking of lands therefor, shall be paid to the commissioner by the persons applying for the same, and upon such payment they may enter upon, open This act is ordered to take immediate effect. [No. 66.] AN ACT to amend sections number one and three of act number two hundred and eighty of the public acts of one thousand eight hundred and eighty-seven, entitled "An act to protect the Owners and Keepers of Stallions," approved June twenty-eight, eighteen hundred eighty-seven, being sections one thousand six hundred twenty-one a and one thousand six hundred twenty-one c of Howell's Annotated Stat utes and being sections ten thousand seven hundred eightyfour and ten thousand seven hundred eighty-six of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: amended. SECTION 1. That sections number one and three of act num- Sections ber two hundred and eighty of the public acts of eighteen hundred and eighty-seven, approved June twenty-eight, eighteen hundred eighty-seven, being sections one thousand six hundred twenty-one a and one thousand six hundred twenty-one c of Howell's Annotated Statutes, and being compiler's sections ten thousand seven hundred eighty-four and ten thousand seven hundred eighty-six of the Compiled Laws of eighteen hundred ninety-seven, be and the same is hereby amended to read as follows: stallion to have a lien. SECTION 1. That the owner or keeper of a stallion shall, Owner of after the mare is known to be with foal, have a lien upon the get of such stallion for the period of six months after the birth of such foal for the payment of the services of such stall on. SEC. 3. The owner or keeper of a stallion, in order to obtain How lien and perfect such lien shall, at any time after the mare is known perfected. to be with foal and within the period included between the rendition of such services by any stallion and the time when a colt is foaled, file with the township clerk in the township wherein such dam is owned or kept, the agreement or a true copy of the agreement entered into by the owner or keeper of the dam for such service, together with such description of the dam as to age, color, or other marks as the person filing such agreement is able to give. This act is ordered to take immediate effect. Section amended. Number who may incorporate. Proviso as to funeral benefit. [No. 67.] AN ACT to amend section one of act one hundred and eightyseven, approved June seventeenth, eighteen hundred and eighty-seven, entitled "An act to revise the laws providing for the Incorporation of Co-operative and Mutual Benefit Associations, and to define the powers and duties, and regulate the transaction of the business of all such Corporations and Associations doing business within this State." The People of the State of Michigan enact: SECTION 1. That section one of act number one hundred and eighty-seven of the session laws of eighteen hundred and eighty-seven, approved June seventeenth, eighteen hundred and eighty-seven, entitled "An act to revise the laws providing for the incorporation of co-operative and mutual benefit associations, and to define the powers and duties, and regulate the transaction of the business of all such corporations and associations doing business within this State," be and the same is hereby amended so as to read as follows: SECTION 1. That any number of persons, not less than seven, who shall be citizens of this State, desiring to become a body corporate for the purpose of carrying on, upon the assessment or co-operative plan, the business either of insuring the lives. of members or of providing to members indemnity for disabil ity or death by accident, may, by complying with the provisions hereof, become, with those that may hereafter be associated with them, or their successors, a body corporate and politic. If the insurance is to accrue through the death of the insured person, the contract shall be of life insurance; if through the accidental death only, or the physical disability from accident to the insured, it shall be casualty insurance: Provided, That no corporation shall be organized hereunder for both of such purposes, except that any company organized as a casualty or sick benefit insurance company, association or society under this act may include in any policy issued by such company a funeral benefit not exceeding one hundred dollars upon death from any cause. This act is ordered to take immediate effect. [No. 68.] AN ACT to amend act number one hundred and forty-one of the public acts of eighteen hundred and eighty-five, entitled "An act to authorize the use of condemned State arms by the organizations known as the 'Sons of Veterans,"" approved June fifth, eighteen hundred eighty-five, being sections four hundred eleven a and four hundred eleven b of Howell's Annotated Statutes. The People of the State of Michigan enact: amended. SECTION 1. That section one of act number one hundred and Section forty-one of the public acts of eighteen hundred and eightyfive, entitled "An act to authorize the use of condemned State arms by the organizations known as the 'Sons of Veterans,'” be and the same is hereby amended so as to read as follows, to wit: muskets to be of Veterans. SECTION 1. The Quartermaster General of this State is here- Condemned by authorized to furnish to each organized camp of Sons of furnished Sons Veterans within this State not to exceed twenty of the condemned muskets belonging to the State. Said muskets to be held by such camp until disbanded, and upon disbanding they To be returned shall be returned to the State. This act is ordered to take immediate effect. to State. [No. 69.] AN ACT to amend section forty of chapter ninety-one of the Revised Statutes of eighteen hundred forty-six, entitled "Of the Probate Courts," being section six hundred eighty-four of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. That section forty of chapter ninety-one of the Section revised statutes of eighteen hundred forty-six, entitled "Of the amended. Probate Courts," being section six hundred eighty-four of the compiled laws of eighteen hundred ninety-seven be and the same is hereby amended so as to read as follows: held. SEC. 40. There shall be a probate court held in each county when probate on the first Monday of each month, and on such other days as courts shall be the judge of probate shall appoint, and in case any matter shall not be heard at the time appointed for hearing same, such matter shall stand continued until the next stated term of said court unless the court shall otherwise order; and the When court may adjourn court may adjourn such hearing in absence of petitioner, or hearing. Proviso as to time allowed to qualify. otherwise in his discretion: Provided, In case an executor, adguardian. etc.. ministrator, guardian or trustees shall be appointed at any such hearing such appointee shall have twenty days thereafter, or such other and further time as the court may order, in which to qualify; and unless otherwise ordered said matter shall stand continued till the next stated term of said court, after the lapse of such period, and in case of failure to qualify such other appointment may thereupon be made as the court may order. This act is ordered to take immediate effect. Act amended. When lawful to spear fish. Certain fish excepted. [No. 70.] AN ACT to amend act number fifty of the Public Acts of the year one thousand eight hundred and ninety-seven, being an act entitled "An Act to allow the Spearing of Fish." The People of the State of Michigan enact: SECTION 1. That act number fifty of the public acts of the year one thousand eight hundred and ninety-seven, being an act, entitled "An Act to allow the Spearing of Fish," be and the same is hereby amended so as to read as follows: SECTION 1. That it shall hereafter be lawful in the months of December, January, February and March in each year to take, catch or kill through the ice by the use of a spear, any and all kinds of fish, except brook trout, rainbow trout, German or brown trout, grayling, land-locked salmon and black bass in any or all of the inland lakes and streams of this State, Where spearing including Lake St. Clair and that part of the St. Clair river below the village of Algonac, in St. Clair county, the channels. through which said river empties into Lake St. Clair, and other channels and bayous comprising the waters of sa'd lake: Provided, That all waters, lakes and streams in this State, except waters exempt. Maple river, which are now protected from spearing by any local act of the Legislature of this State, shall be exempt from the provisions of this act. allowed. Proviso as to Repealing elause. SEC. 2. All acts or parts of acts in any way contravening the provisions of this act are hereby repealed. This act is ordered to take immediate effect. |