of probate of such county, may, on application of the officer so elected, approve of the bond and the sureties thereto, on being satisfied of the pecuniary responsibility of the sureties to meet the exigency of said bond: Provided, That this act Proviso shall not be in force or operation in Wayne county. SEC. 2. All acts or parts of acts contravening the provisions Acts of this act are hereby repealed.

Approved March 14, 1873.

relative to

Wayne

county.

repealed.

[ No. 28. ]

amended,

AN ACT to amend section five [5] of" An act to authorize the formation of telegraph companies," being section twentysix hundred and twenty-nine [2629], in chapter eighty [80] of the compiled laws of eighteen hundred and seventy-one. SECTION 1. The People of the State of Michigan enact, That Section section five (5), of "An act to authorize the formation of telegraph companies," being section twenty-six hundred and twenty-nine (2629), in chapter eighty (80) of the compiled laws of eighteen hundred and seventy-one, be so amended as to read as follows:

authorized

lines of telo

(2629.) SEC. 5. Such association is authorized to enter upon, Association and construct, and maintain lines of telegraph through, along, to construct and upon any of the public roads or highways, and across or graph. under any of the waters or rivers within the limits of the State, and upon or over any of the public lands of this State, by the erection of the necessary fixtures, including posts, piers or abutments, for sustaining the cords or wires of such lines: Provided, That the same shall not be so constructed as to Proviso. incommode the public use of said roads or highways, or injuriously interrupt the navigation of said waters or rivers; nor shall this act be so construed as to authorize the construction of any bridge across any of the waters or rivers of this State. Said association, instead of running or placing their wires on posts, may, if they choose, run or place the same under ground

be placed

under ground.

Further proviso.

with a suitable or proper covering for the protection of the Wires may same; and any part of this act, or any law made or to be made providing for the appraisement of damages to any person injured by the construction or maintenance of such line or lines, shall be construed to include damages occasioned by the construction of said lines under ground, as provided by this act: And provided further, That in clearing a right of way over or upon any of the public lands of this State, for the construction and maintenance of a telegraph line, no white or yellow Pine trees pine trees suitable for timber shall be cut down or injured, and no timber of any kind upon said lands, shall be appropriated by the association constructing or maintaining said telegraph line, except a sufficient number of posts upon which to erect the same, in no case to exceed twenty-five of such posts from any forty-acre tract of State land actually traversed by said telegraph line.

not to be cut,

Approved March 14, 1873.

Section amended.

Females subject to

[ No. 29. ]

AN ACT to amend section one hundred and seventy-four of chapter one hundred and seventy-eight, being section five thousand four hundred and twenty-two of the compiled laws of eighteen hundred and seventy-one, relative to "Courts held by justices of the peace."

SECTION 1. The People of the State of Michigan enact, That section one hundred and seventy-four of chapter one hundred and seventy-eight, being section five thousand four hundred and twenty-two of the compiled laws of eighteen hundred and seventy-one, entitled "Of courts held by justices of the peace," be amended so as to read as follows:

(5422.) SEC. 174. Any justice of the peace having jurisdicsame penal- tion, and before whom any female may have been convicted of

ties as males violating any of the provisions of chapter sixty-nine of the

compiled laws of eighteen hundred and seventy-one, embrac

ing an act entitled "An act to prevent the manufacture and sale of spirituous or intoxicating liquors as a beverage," may issue an execution against the body of such female, and she shall be subject to all the like penalties and proceedings mentioned in said act as are males: Provided, That for no other Proviso. cause shall a female be arrested or imprisoned upon any execution issued by a justice of the peace. Approved March 14, 1873.

[ No. 30. ]

AN ACT to amend sections two and six, and to repeal section nine of an act entitled "An act to establish an Insurance Bureau," approved April thirteen, eighteen hundred and seventy-one, being sections one thousand six hundred and seventy-four, one thousand six hundred and seventy-eight, and one thousand six hundred and eighty-one of the compiled laws of eighteen hundred and seventy-one.

amended.

SECTION 1. The People of the State of Michigan enact, That Sections sections two and six of an act entitled "An act to establish an Insurance Bureau," approved April thirteenth, eighteen hundred and seventy-one, be amended so as to read as follows:

Commis

sioner of

(1674.) SEC. 2. The chief officer of said department shall be denominated the Commissioner of Insurance. He shall be a Insurance. citizen of this State, and shall reside, during the term of his office, at the seat of government, and personally superintend the duties of his office; and shall not be directly or indirectly connected with the management or affairs of any insurance company. He shall be appointed by the Governor, by and with Appointthe consent of the Senate, and shall hold his office for the term of office, and salary. of two years; he shall receive an annual salary of two thousand dollars, to be paid quarterly, on the warrant of the Auditor General. He may appoint a deputy, with the approbation of the Governor, and revoke such appointment at pleasure. Such Powers, deputy shall take and subscribe the oath prescribed by the salary, etc. constitution, and whenever the Commissioner of Insurance

ment, term

Deputy.

duties,

pensation of.

Vacancy.

shall, by reason of sickness, absence, or other cause, be disabled from executing the duties of his office, his deputy, duly appointed, shall execute the duties thereof until such disability be removed, or until a Commissioner shall be appointed, and such deputy shall receive an annual salary of twelve hunClerk; com- dred dollars. The Commissioner may employ a regular clerk to discharge such duties as he may assign him, whose compensation shall not exceed one thousand dollars per annum; the salaries of such deputy and clerks to be paid monthly on the warrant of the Auditor General. Whenever a vacancy shall occur in said office of Commissioner, by reason of death, removal, or otherwise, the Governor shall fill such vacancy by appointment, by and with the advice and consent of the Senate, if in session. Within fifteen days from the time of notice of his appointment the Commissioner shall take and subscribe the oath of office prescribed by the constitution, and file the same in the office of the Secretary of State; and the said Commissioner of Insurance shall give to the people of the State of Michigan a bond in the penalty of ten thousand dollars, with sureties to be approved by the Auditor General, conditioned for the faithful discharge of the duties of his office.

Oath of office.

Bond.

Office and expenses thereof.

Section repealed.

(1678.) SEC. 6. There shall be assigned to the said Commissioner by the Secretary of State, at Lansing, suitable rooms for the conducting the business of said bureau; the necessary expenses of which shall be audited by the Board of State Auditors on the certificate of the Commissioner, and paid on the warrant of the Auditor General.

SEC. 2. Section nine of said act, being section sixteen hundred and eighty-one of chapter forty-four of the compiled laws of eighteen hundred and seventy-one, is hereby repealed.

SEC. 3. This act shall take immediate effect.
Approved March 14, 1873.

[ No. 31. ]

AN ACT to amend section twenty-two of chapter one hundred and seventy-six of the compiled laws of eighteen hundred and seventy-one, relative to the courts of chancery, being section five thousand and fifty-eight.

amended.

SECTION 1. The People of the State of Michigan enact, That Section section twenty-two of chapter one hundred and seventy-six of the compiled laws of eighteen hundred and seventy-one, relative to the courts of chancery, be and hereby is amended so as to read as follows:

chancery, menced.

(5058.) SEC. 22. Every suit in chancery shall be commenced suits in in the circuit court for the county in which the property in when comdispute is situated, if the subject matter is local, and if it is not local, in the county where one of the parties in interest resides, if either is a resident of the State; but if the subject matter is not local, and neither party resides in the State, the suit may be brought in any county; and where it is necessary to file an information or bill in chancery, either to compel the specific performance of contract, cancellation of patents from the State, quiet title, or otherwise to affect real estate; and when such real estate may be situate in different counties, it shall be competent to file such information or bill in the equity side of the circuit court of any one of said counties in which a part of said real estate may be situate; and such court shall have complete jurisdiction in the premises as fully and effectually as if the whole of such estate were situate in the county in which suits may be commenced. And when it may be When in necessary to file a bill or information or to commence any the State. proceedings in chancery on the part or in behalf of the State, the same may, at the election of the Attorney General, be commenced in the circuit court for the county of Ingham, in the equity side thereof, and said court shall have complete jurisdiction and full power and authority in the premises. SEC. 2. This act shall take immediate effect.

Approved March 14, 1873.

behalf of