Taxes to be in lieu of all other.

Exceptions as to certain real estate.

State to have lien upon companies stock, etc.

Acts repealed.

Section amended.

cluded in the report provided for in section two of this act, three per cent of such gross receipts; and upon the gross receipts of such telegraph company derived from business within this State for the year included in the report provided for in section two of this act, three per cent of such gross receipts which said specific tax may be recovered in any court of this State.

SEC. 6. The taxes paid under this act shall be in lieu of all other taxes upon the properties and business of said companies, except such real estate as is owned and can be conveyed by such companies under the laws of this State, and not actually occupied in the exercise of its franchises and not necessary in the proper operation of its business, but such real estate so excepted shall be liable to taxation in the same manner and for the same purposes and to the same extent and be subject to the same conditions and limitations as to the collection and return of taxes thereon as is other real estate in the several townships and municipalities within which the same may be situated.

SEC. 7. The State of Michigan shall have a lien upon all express companies, telephone companies and telegraph companies and their appurtenances and stock therein for all penalties, taxes and dues which may accrue to the State from the companies owning or operating the same, which lien of the State shall take precedence over all dues, judgments, assignments or decrees against said companies.

SEC. 8. Act number forty-eight of the public acts of eighteen hundred ninety-nine, and all other acts and parts of acts under which any of the companies whose property and business is to be assessed under this act, so far as such acts and parts of acts are inconsistent with the provisions of this act or in any way contravene the same, are hereby repealed. Approved June 23, 1899.

[No. 180.]

AN ACT to amend section seven of an act entitled "An act to revise the laws providing for the incorporation of railroad companies, and to regulate the running and management and to fix the duties and liabilities of all railroad and other corporations owning and operating any railroad in this State," the same being paragraph thirty-three hundred twenty-one of Howell's Annotated Statutes.

The People of the State of Michigan enact:

SECTION 1. Section seven of an act entitled "An act to revise the laws providing for the incorporation of railroad companies, and to regulate the running and management and to fix the duties and liabilities of all railroad and other corpora

tions owning and operating any railroad in this State," the same being paragraph thirty-three hundred twenty-one of Howell's Annotated Statutes, be amended so as to read as follows:

where filed.

route crosses

SEC. 7. Every such company proceeding to construct a part Map of route of its road into or through any county named in its articles of association, or which shall have been so constructed, shall make a map of such part of the route intended to be adopted by such company, or which shall have been adopted, giving also the location of the points selected for crossing any other railroad, which shall be certified by the president and secretary of such company under its corporate seal and approved by a board consisting of the Commissioner of Railroads, Attorney General and Secretary of State, and filed in the office of the register of deeds of such county. If such route cross the road Notice where of any other railroad company said board shall give at least another road. ten days' notice, to the general manager or general superintendent of such other company, when and where said board will consider the question of approving such map, and shall permit such other company, if it so desire, to be heard in opposition to such approval, and at the time of approving said map said board may determine the place where and the manner in which said crossing shall be made, whether at grade or otherwise, and if at grade, what safeguards shall be provided by the company desiring to make such crossing to protect against accidents thereat. The said board shall approve such map within When map apthirty days from the time it is presented to it by said company, approved. or within the said thirty days shall file in the office of the Commissioner of Railroads written reasons for the disapproval of said map, or any part thereof, and serve a copy of said reasons upon said company. The route so adopted, or any part thereof, Change of may be changed by the company as often as found expedient before it has fully completed its road thereon: Pro- Proviso. vided, That any such change shall be approved by said board and a new map showing the new route adopted shall be made, certified, approved and filed as aforesaid: And pro- Further vided further, That two members of said board, of which the Commissioner of Railroads shall be one, shall constitute a quorum for the transaction of business: And provided further, Quorum numThat the Secretary of State and Attorney General, when serv- tute. ing as members of said board or board of consolidation, as pro- Further proviso vided for by this act, shall receive five dollars per day and ex- sation of cerpenses incurred while actually engaged in such service, to be tain members. paid for by the railroad companies interested therein. Approved March 20, 1899.

35

proved or dis

route.

proviso.

ber to consti

as to compen

.Explosive oils

how labeled.

Penalty.

Label, not to be printed or written on.

Oil inspector duty of.

[No. 181.]

AN ACT to require the labeling of all Gasoline, Benzine and Naphtha sold at retail, and to repeal Act number one hundred forty-six, laws of eighteen hundred and eighty-nine.

The People of the State of Michigan enact:

SECTION 1. That every druggist, grocer, peddler or other person who shall sell and deliver at retail any gasoline, benzine or naphtha without having the true name thereof and the words, "explosive when mixed with air," plainly printed upon a label securely attached to the can, bottle or other vessel containing the same, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not exceeding one hundred dollars or by imprisonment in the county jail not exceeding three months, or both such fine and imprisonment in the discretion of the court.

SEC. 2. The label provided for in this act shall have no other printing or writing thereon in letters more than one-quarter of the size of the words hereinbefore specified.

SEC. 3. It shall be the duty of the State Oil Inspector and his deputies to enforce the provisions of this act; and their comCompensation. pensation and expenses while so engaged shall be paid from the fund derived from inspection of illuminating oil.

Act repealed.

SEC. 4. Act number one hundred forty-six of the laws of eighteen hundred and eighty-nine is hereby repealed. Approved April 12, 1899.

When defen

dant may ask for verdict.

When may have benefit of ex

ceptions.

[No. 182.]

AN ACT to regulate the practice in the Circuit Courts of inis State upon demurrers to the evidence upon requests by the defendants to direct the verdict.

The People of the State of Michigan enact:

SECTION 1. That upon the trial of any case in any of the circuit courts in this State, the defendant, upon the conclusion of the plaintiff's testimony, may request the court to direct the jury to bring in a verdict for the defendant, or make demur to the evidence, without resting his case absolutely.

SEC. 2. Upon the refusal of the court to grant such motion, the defendant shall have the benefit of an exception, as in ordinary cases, and without waiving such exception may then introduce testimony and make his defense upon the merits. Approved April 12, 1899.

[No. 183.]

AN ACT to amend sections one, two, three, five, six, eight, nine, thirteen, fourteen, fifteen and sixteen of act number two hundred seven of the public acts of eighteen hundred eightynine, and to add a new section to stand as section twentyfive, and to repeal section seven of said act number two hundred seven of the public acts of eighteen hundred eighty-nine, entitled "An act to prohibit the manufacture, sale, keeping for sale, giving away or furnishing of vinous, malt, brewed, fermented, spirituous or intoxicating liquors, or any mixed liquor or beverage any part of which is intoxicating, and to prohibit the keeping of any saloon or other place for the manufacture, sale, storing for sale, giving away or furnishing of such liquors or beverages, and to suspend the general laws of the State relative to the taxation and regulation of the manufacture and sale of such liquors in the several counties of this State under certain circumstances; to authorize the qualified electors of the several counties of this State to express their will in regard to such prohibition by an election, and to authorize and empower the board of supervisors of the several counties, after such election, if they shall determine the result to be in favor of such prohibition, to prohibit the manufacture, sale, keeping for sale, giving away or furnishing of any such liquors, or the keeping of a saloon or any other place for the manufacture, sale, storing for sale, giving away or furnishing of the same in their respective counties; and to provide for penalties and rights of action in case of its violation."

The People of the State of Michigan enact:

repealed.

amended.

SECTION 1. That section seven be and the same is hereby re- Section pealed and that sections one, two, three, five, six, eight, nine, thirteen, fourteen, fifteen and sixteen of act two hundred seven of the public acts of eighteen hundred eighty-nine, as amended, Sections entitled "An act to prohibit the manufacture, sale, keeping for sale, giving away or furnishing of vinous, malt, brewed, fermented, spirituous or intoxicating liquors or any mixed liquor or beverage, any part of which is intoxicating, and to prohibit the keeping of any saloon or other place for the manufacture, sale, storing for sale, giving away or furnishing of such liquors or beverages, and to suspend the general laws of the State relative to the taxation and regulation of the manufacture and sale of such liquors in the several counties of this State under certain circumstances; to authorize the qualified electors of the several counties in this State to express their will in regard to such prohibition by an election, and to authorize and empower the board of supervisors of the several counties, after such election, if they shall determine the result in favor of such prohibition, to prohibit the manufacture, sale keeping for

When unlawful

to sell, keep etc., intoxicating liquors.

Proviso.

When provisions of general

sale, giving away or furnishing of any such liquors, or the keeping of a saloon or any other place for the manufacture, sale, storing for sale, giving away or furnishing of the same within their respective counties; and to provide for penalties and rights of action in case of its violation," be and the same are hereby amended so as to read as follows:

The People of the State of Michigan enact:

SECTION 1. That it shall be unlawful for any person directly or indirectly, himself or by his clerk, agent or employee, to manufacture, sell, keep for sale, give away or furnish any vinous, malt, brewed, fermented, spirituous or intoxicating liquors, or any mixed liquor or beverages, any part of which is intoxicating, or keep a saloon or any other place where any such liquors are manufactured, sold, stored for sale, given away or furnished in any county of this State on and after the first day of May next following after the adoption by the board of supervisors of such county of a resolution prohibiting the same, as provided in section thirteen of this act, so long as such resolution remains unrepealed: Provided, however, That the provisions of this section shall not apply to druggists, or registered pharmacists, in selling any such liquors under and in compliance with the restrictions and requirements imposed upon them by the general laws of this State and section twenty-five of this act, as amended.

SEC. 2. On and after the first day of May next following law for taxation after the adoption by the board of supervisors of any county etc., suspended. of a resolution prohibiting the manufacture of liquors and the liquor traffic, as hereinafter provided in section thirteen of this act, the provisions of the general laws of this State for the taxation and regulation of the business of manufacturing, selling, keeping for sale, furnishing, giving away or delivering spirituous and intoxicating liquors, and malt, brewed or fermented and vinous liquors shall be and the same are hereby declared suspended and superseded so far as relates to the territory and municipalities within the limits of any such county: Provided, however, That all sales of liquors by druggists, or registered pharmacists, in such counties shall be under the restrictions and requirements imposed upon them by the general laws of this State and this act, as amended.

Proviso.

Proceedings to ascertain the will of the

electors, etc.

Petition.

SEC. 3. In order to ascertain the will of the qualified electors of each organized county, in regard to such prohibition, it shall be the duty of the county clerk of the counties of this State, severally, upon written application and petition filed with him and addressed to the board of supervisors of the county, signed by not less than one-third of all the qualified electors thereof, as shown by the poll lists or returns and canvass of the last preceding general election for State officers held in such county, praying that the question, should the manufacture of liquor and the liquor traffic be prohibited with