etc., how kept works SEC. 2. Every plank road company and the owners of any Plank roads, such plank road company, by purchase or otherwise, shall in repair. cause to be laid down and kept closely together and in an even manner so that the surface shall be uniform, the plank upon its road; or, if said company or the owners shall have built any portion of their road or may build any portion of the same of gravel or stone so broken as to serve the purpose of gravel, they shall cause the said gravel or broken stone of the proper quality and quantity to be placed upon the road and kept in a uniform manner, of the width and depth required by law; and, in case of default, they shall forfeit Default, the right to receive any toll upon said road. And the prose- forfeiture of cuting attorney of the county, on complaint of the highway toll. commissioner of any township in which any portion of the Prosecutions. road defectively constructed or out of repair lies, may institute a suit in the circuit court for the same county, in chancery, to have such default judicially ascertained and declared; but, if such prosecuting attorney is interested in said suit or in said plank road company, or shall refuse or neglect to commence said suit, then the highway commissioner of such township, by consent of the township board of such township, may employ an attorney, at the expense of such township, to commence said suit, and the same may be prosecuted in the same manner as if it had been commenced by said prosecuting attorney. The said circuit court, in circuit court chancery, for the respective counties, shall have full juris- in chancery, diction of all cases arising under this act to hear, try and etc. determine the same upon bill or petition filed according to the usual course and practice of these courts, and may grant injunctions in all such cases restraining the company or the persons owning or operating said road from collecting toll from persons who travel over the same, and may fully determine said cause. Approved June 19, 1907. 34 jurisdiction, Section amended. Road districts, Overseer, when elected. Duties, etc. [No. 197.] AN ACT to amend section thirteen of an act entitled "An act to provide for the assessment of money taxes for highway purposes and to repeal chapter two, 'Assessments for highway purposes,' and chapter hreé, "The performance of labor on highways and the commutation therefor,' of act number two hundred forty-three of the public acts of eighteen hundred eighty-one, as amended, being compiler's sections number four thousand seventy-two to four thousand one hundred three inclusive of the Compiled Laws of eighteen hundred ninety-seven, and all acts and parts of acts inconsistent with the provisions hereof," approved May twenty-two, nineteen hundred seven. The People of the State of Michigan enact: SECTION 1. Section thirteen of an act entitled "An act to provide for the assessment of money taxes for highway purposes and to repeal chapter two, 'Assessments for highway purposes,' and chapter three, "The performance of labor on highways and the commutation therefor,' of act number two hundred forty-three of the public acts of eighteen hundred eighty-one, as amended, being compiler's sections number four thousand seventy-two to four thousand one hundred. three inclusive of the Compiled Laws of eighteen hundred ninety-seven, and all acts and parts of acts inconsistent with the provisions hereof," approved May twenty-two, nineteen hundred seven, is hereby amended to read as follows: SEC. 13. There shall be but one road district in each oreach surveyed ganized township, except that in townships consisting of township to be. more than one surveyed township each surveyed township may be a road district; and at each annual township meeting on the first Monday in April after the passage of this act and at each annual township meeting thereafter, there shall be elected in each organized township one overseer of highways for each road district, who shall be elected in the same manner as highway commissioners and other township officers are elected and who shall work under the direction of the township highway commissioner. Emergency repairs to an amount not exceeding ten dollars may be made by such overseer without consulting with the highway commissioner, and if the highway commissioner be unable to take charge of the work on highways and bridges because of sickness, absence or any other reason, the overseer of highways shall have charge and supervision of all work, and in such case warrants drawn by him and countersigned by the township clerk shall be paid by the township treasurer. In case of a vacancy in the office of township highway commissioner through death, resignation or otherwise, the overseer of highways residing in the same surveyed township as the former Vacancy, highway commissioner. highway commissioner resided shall act in the place and stead of the highway commissioner, until a new highway commissioner shall be appointed or elected, and shall have all the powers and duties of such township highway commissioner. Approved June 19, 1907. [No. 198.] AN ACT to repeal act number thirty-four of the public acts of eighteen hundred eighty-five, entitled "An act to establish a recorder's court for the city of Kalamazoo, and to define the jurisdiction of the same," approved April two, eighteen hundred eighty-five. The People of the State of Michigan enact: SECTION 1. Act number thirty-four of the public acts of Act repealed. eighteen hundred eighty-five, entitled "An act to establish a recorder's court for the city of Kalamazoo, and to define the jurisdiction of the same," approved April two, eighteen hundred eighty-five, is hereby repealed. This act is ordered to effect April thirteen, nineteen hundred eight. AN ACT to provide for the making of deposits and for the payment of taxes and fees to the Commissioner of Insurance by insurance corporations and others, and for the disbursement thereof. The People of the State of Michigan enact: taxes, etc., by SECTION 1. Whenever, by the existing or future laws of Deposits, fees, any state, an insurance corporation of this State or agent corporations thereof is required to make any deposit of securities in such of other states. other state for the protection of policy holders or otherwise, or to make payment for taxes, fines, penalties, certificates of authority, valuation of policies, license fees, or otherwise, greater than is required by the laws of this State for similar corporations of such state, the insurance companies of such Rate of tax, how computed. states shall be and they are hereby required as a condition precedent to their transacting business in this State, to make a like deposit for like purposes with the State Treasurer of this State, and to pay to the Commissioner of Insurance for taxes, fines, penalties, certificates of authority, valuation of policies, license fees and otherwise a rate equal to such charges and payments imposed by the laws of such other state upon similar corporations of this State and the agents thereof. In the case of fire department or salvage corps taxes or other local taxes the rate shall be computed by the Commissioner of Insurance by dividing the total of such payments made by insurance corporations of this State in such state by the gross premiums received by such corporaRevocation of tions in such state less return premiums. Any corporation refusing for thirty days to make payment of such fees or taxes as above required shall have its certificate of authority Proviso, as to revoked by the Commissioner of Insurance: Provided, That foreign corpo- corporations organized under the laws of any state or country other than these United States shall, as to the provisions of this act, be considered corporations of that state wherein their general deposit for the benefit of their policy holders is made. certificate. rations. Charge for SEC. 2. For making copies of any papers in his office, the making copies. Commissioner of Insurance shall charge at the rate of twenty cents per folio per hundred, and for attaching his certificate thereto twenty-five cents. Disposition of fees. SEC. 3. The fees collected under sections one and two of this act shall be turned over by the Commissioner of Insurance to the State Treasurer and placed in a fund from which shall be paid the necessary traveling expenses of the employes of the insurance department as allowed by the State Board of Auditors, and the salaries of the Deputy CommisSalaries of cer- sioner of Insurance, actuary and one examiner. Said salaries tain employes. shall be fixed by the Commissioner of Insurance, for the Deputy Commissioner of Insurance in a sum not greater than that paid to the Deputy Commissioner of Banking, and to the actuary and examiner not greater than that paid to Proviso, as to the State bank examiners: Provided, That any balance re balance on hand. Act repealed. maining in said fund at the close of business December thirty-first of each year shall be transferred by the State Treasurer to the general fund of this State. SEC. 4. Act number seventy-nine of the public acts of eighteen hundred ninety-nine as amended by act number sixty-five of the public acts of nineteen hundred one and all other acts inconsistent herewith are hereby repealed. This act is ordered to take immediate effect. Approved June 19, 1907. [No. 200.] AN ACT to provide for the lawful taking of cisco fish in the waters of certain lakes in Cass county. Ciscos, open certain waters. The People of the State of Michigan enact: SECTION 1. It shall be lawful for any person, during the time from sunset to sunrise during the month of November season for, in in each year, to take cisco fish in the waters of all the lakes situate in the townships of Newberg, Porter and Marcellus in Cass county, by means of legal mesh nets, not more than ten rods in length: Provided, That the taking of such cisco Proviso. fish shall in no way interfere with or destroy other fish, protected under the laws of the State: And Provided further, Further proThat the meshes in said nets authorized to be used under mesh. viso, size the provisions of this act shall, in no case, be less than one and one-half inches. of SEC. 2. Any cisco fish lawfully taken in any of the lakes Not to be sold. in said townships within said month of November in any year, may be retained by the person or persons so taking them, but shall not be sold or offered for sale. SEC. 3. Any person who shall be found violating any of Penalty. in the county jail not more than thirty days, or by both such [No. 201.] AN ACT to provide a probate register for Ingham county, and to fix his compensation. The People of the State of Michigan enact: SECTION 1. The judge of probate of Ingham county shall Probate register, appointhave power to appoint a probate register for said county, , ment, salary, who shall receive an annual salary of eight hundred dollars, powers, etc. to be paid monthly out of any money in the county treasury of said county not otherwise appropriated. Said register shall have power to receive all petitions and fix the time for all hearings and do all other acts required of the judge of probate, except judicial acts. The said probate register shall hold office during the term for which the judge of probate appointing him shall have been elected, unless sooner removed by said judge of probate. This act is ordered to take immediate effect. |