whom the trial or hearing was had. No order shall be stayed, nor shall any stay of proceedings or injunction be had or set aside, modified or dissolved except by the judge trying the case or making the order or granting the injunction excepting that in case of the absence from the county, sickness or other cause disabling such judge from acting, the other circuit judge shall have power to stay, modify, set aside or dissolve such order or injunction. Neither judge shall grant an application which has been Which shall have been denied by the other. Not to grant application denied. Additional court room. Assistant stenographer's etc. SEC. 9. Such additional court room and facilities shall be provided by the board of supervisors of St. Clair county on the passage of this act, as shall be requisite for the prompt and decent dispatch of business. SEC. 10. Whenever either judges of said circuit shall compensation, authorize the stenographer of said circuit to employ one or more temporary assistant stenographers, the judge so authorizing such employment, shall fix the compensation to be paid for such services and shall from time to time audit and allow the account of such assistant, but in no instance shall it exceed five dollars per day, and thereupon the county clerk shall draw an order on the county treasurer for the amount so audited and allowed and the county treasurer is hereby authorized and required to pay the same. This act is ordered to take immediate effect. Unlawful to kill moose, elk, or caribou. Unlawful to have flesh of moose, etc. in possession. What deemed prima facie evidence. Penalty. [No. 91.] AN ACT to provide for the preservation of Moose, Elk and The People of the State of Michigan enact: SECTION 1. That it shall be unlawful for any person or persons to hunt, kill or destroy in any manner whatsoever, any moose, elk or caribou in this State for a period of ten years from and after the date upon which this act shall take effect. SEC. 2. It shall be unlawful during such period for any person to have in his possession any of the flesh of any moose, elk or caribou, killed in this State, and the having in possession of any of such flesh of moose, elk or caribou shall be prima facie evidence of illegal killing. SEC. 3. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars, and costs of prosecution, or imprisonment in the county jail not to exceed ninety days, or both such fine and imprisonment, in the dis- This act is ordered to take immediate effect. [No. 92.] AN ACT to facilitate the Inspection and prevent the removal of any and all Records and Files in the offices of County, City and Township Officers in this State, and repealing all acts and parts of acts in anywise contravening the provisions of this act. The People of the State of Michigan enact: records to tion, etc. SECTION 1. That the officers having the custody of any Custodian of county, city or township records in this State, shall upon re- furnish faciliquest furnish proper and reasonable facilities for the inspec- ties for inspection and examination of the records and files in their respective offices and for making memoranda of transcripts therefrom during the usual business hours, which shall not be less than four hours per day to all persons having occasion to make examination of them for any lawful purpose: Provided, That Proviso. the custodian of said records and files may make such reasonable rules and regulations with reference to the inspection and examination of them as shall be necessary for the protection of said records and files, and to prevent interference with the regular discharge of the duties of such officer: And provided Proviso as to further, That such officer shall prohibit the use of pen and ink pen and ink. in making copies or notes of records and files in his office: And provided further, That no books, records or files shall be re- Proviso as to moved from the office of the custodian thereof for any purposes books. whatever, except by the order of the judge of any court of competent jurisdiction, or in response to a subpoena duces tecum issued therefrom. removal of of this act a SEC. 2. Any person or officer having the custody of any Any violation records and files of any county or city in this State, who shall misdemeanor. violate any of the provisions of this act, shall be deemed guilty of a misdemeanor. SEC. 3. All acts or parts of acts inconsistent with the Acts repealed. provisions of this act are hereby repealed. This act is ordered to take immediate effect. Approved June 1, 1899. Act amended. [No. 93.] AN ACT to amend act number one hundred and twenty-nine of the public acts of eighteen hundred and eighty-three, entitled "An act for the organization of telephone and messenger service companies," approved May thirty-one, eighteen hundred eighty-three, being sections six thousand six hundred eighty-eight to six thousand six hundred ninetyfive of the compiled laws of eighteen hundred ninety-seven, by adding two new sections thereto to be known as sections nine, and ten. The People of the State of Michigan enact: SECTION 1. That act number one hundred and twenty-nine of the public acts of eighteen hundred and eighty-three, entitled "An act for the organization of telephone and messenger service companies," approved May thirty-one, eighteen hundred eighty-three, the same being sections six thousand six hundred eighty-eight to six thousand six hundred ninety-five inclusive of the compiled laws of eighteen hundred ninety-seven be and the same is hereby amended by adding two sections thereto to be known as sections nine and ten and to read as follows: SEC. 9. Whenever any corporation organized under the proconstructed etc. Visions of this act shall desire to construct a line of public telephones in the lower peninsula of this State, the same shall in all cases, when not located upon the public places, streets and highways of the said lower peninsula, or within the corporate limits of cities and villages, be located along side of and adjacent to the railway right of way in cases where the railway right of way lies adjacent to the lands sought to be acquired. Telephone tines, where Right of way, how may acquire. Proviso. Proviso. SEC. 10. Whenever any such corporation shall desire to acquire a right of way over, through, under or across any lands which may be adjacent to the right of way of any railway, and is unable to agree with the owner or owners of such lands for the purchase of said right of way, such corporation shall have the right to acquire the title to said right of way, outside the corporate limits of cities and villages, in the same manner and by the same proceedings as are provided for in chapter one hundred and sixty-four of the compiled laws of eighteen hundred and ninety-seven of this State, providing for the condemnation of lands for right of way by railway companies: Provided, That the owner or owners of the lands over which any such right of way shall be acquired shall have the right to occupy and use the same, but such occupancy and use shall not be to the injury of the property of such corporation situate upon such right of way: Provided, The strip of land so condemned shall not exceed six feet in width. This act is ordered to take immediate effect. [No. 94.] AN ACT to provide for the incorporation of churches of the The People of the State of Michigan enact: who may SECTION 1. It shall be lawful for any number of members Number of the Evangelical Association of full age, not less than five, incorporate. to organize and secure the incorporation of a church according to the usage of the Evangelical Association, under the provisions hereof. articles of SEC. 2. The persons desiring to organize such church shall To execute execute and acknowledge, before any person authorized to take incorporation. acknowledgment of deeds, articles of incorporation, in writing, whereby they shall agree to organize a church which shall be governed by the discipline, rules, usages and ministerial appointments of the Evangelical Association. To such articles Pastor to of incorporation the pastor in charge shall attach a certificate certificate of assuring his consent. attach consent. SEC. 3. Said articles of incorporation shall contain the fol- What articles lowing items: First. The name of the church and the town, village or city and the county and State where located. Second. An agreement to incorporate in the interests of religion and the spread of scriptural holiness, according to the discipline, rules and usages of the Evangelical Association. Third. The number of trustees, not less than three, who shall have charge of the affairs of said church, and the time of the annual meeting thereof. Fourth. The time for which said corporation shall be created. to contain. in duplicate, SEC. 4. Such articles of incorporation shall be executed in To be executed duplicate. One copy shall be retained by such corporation, where nied." and one copy shall be recorded in the office of the county clerk of the county where such corporation is formed. When said articles of incorporation and said certificate of the preacher in charge shall have been recorded, or left for record in the office of the county clerk, the said persons so signing said articles of association, and their associates and fellow members of said church, and all that may thereafter become members of said church as shown by its records from time to time shall thereby become and thenceforth be a body politic or corporation by the Body politic. name expressed in said articles of incorporation, with all the powers, rights, and privileges appertaining to religious corporations by the law of this State. discipline to SEC. 5. Said churches, when so incorporated, shall be in all Rules and matters of church government and ecclesiastical polity sub- govern. ject to the discipline, rules and usages of the Evangelical Association as from time to time authorized and declared by the General Conference of said church and the annual conference in whose bounds such corporation is situated. Meetings, how provided for. Rights and privileges. May amend articles of SEC. 6. Said church when so organized may provide by bylaws for such regular and special meetings of the members thereof as may be deemed essential for the full exercise of the powers granted or reserved hereby. SEC. 7. Said church when so organized shall have all the rights, privileges and immunities appertaining to such religious corporations. It may sue and be sued; it may take and hold property both real and personal as may be necessary for the proper execution of the purpose for which it was incorporated; it may hold so much land as may be necessary for the proper purposes of said church and parsonage; it may sell, mortgage or lease real estate, when so directed by a majority of the members thereof in regular meeting. Said corporation shall at all times permit such ministers belonging to the Evangelical Association as shall from time to time be duly authorized by the General Conference or the annual conference within whose bounds such corporation is situated, to preach and expound God's word; and shall permit duly appointed pastors, presiding elders and bishops to perform the functions incident to their offices in accordance with the discipline and usages of the Evangelical Association. SEC. 8. It shall be lawful for any church organized under incorporation. the provisions of this act, by a majority of the members of said church, to alter or amend its articles of incorporation in any manner not inconsistent with this act, and such alteration or amendment shall become operative when a majority of the members of said church of full age shall execute amended articles, and said amended articles shall have been executed in the manner provided for in section three of this act, and shall have been recorded by the county clerk as stated in section four of this act. Incorporated associations may come under provisions of act. Interpretation of acts. SEC. 9. Any church of the Evangelical Association heretofore incorporated, or the trustees of which have heretofore exercised the powers of a body corporate may place itself under the provisions of this act by a majority of the members of said church executing articles of incorporation according to section three of this act, and recording the same as provided for in section four of this act. SEC. 10. In all proceedings that may arise or be brought in any of the courts of this State touching or in any way concerning churches that may be incorporated under this act, all other acts or parts of acts shall be so interpreted and construed as to give full force and effect to the provisions of this act, and to all the rights and privileges granted by this act to churches incorporated thereunder. This act is ordered to take immediate effect. |