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Office, when open.

Record to be kept, open for inspection.

Proviso.

Fees required in action for recovery of lands.

Jury fees.

Fees, how taxed.

have his office open and be in attendance to the duties of his office during the business hours of each day, except on all legal holidays.

SEC. 3. It shall be the duty of each of said commissioners to keep a true record of all business done by each of them, and to enter all judgments and orders made by them in said dockets, which dockets and all other books and files are hereby declared to be public property and to be open for inspection during the before mentioned office hours by any person, but no person shall be permitted to remove any of the said records from the office of such commissioner. The said commissioners shall receive all costs and dues of every description which are provided by law in all proceedings before them, and shall pay the same monthly to the treasurer of the county and take his receipt therefor: Provided, That for the taking of testimony in all cases referred to such circuit court commissioners or by law required to be taken by them, no fees shall be charg ed except the actual cost of stenographic work and transcribing, not to exceed ten cents per folio, which amount shall be paid to the commissioner for the testimony so taken.

SEC. 4. Before any action or proceeding for the recovery of lands or buildings shall be commenced before either of said commissioners there shall be paid to him by the party bringing the same the sum of one and fifty onehundredths dollars, and before the hearing of any such action or proceeding shall be commenced the further sum of two and fifty one-hundredths dollars, and any person demanding a jury shall advance the fees therefor and the same shall be disposed of as is now provided by law in justice's courts; and before any affidavit or appeal or writ of certiorari shall be served on either of said commissioners, in addition to the costs now provided by law for making return to appeals or certiorari, the further sum of five dollars shall be paid to said commissioner by the appellant or plaintiff in error, and said commissioner shall pay the entry fee in the circuit court and at the same time file therein the return to the appeal or certiorari, as the case may be. The moneys so paid shall be for the use of the said county, and shall be held in full of all fees now allowed by law to said commissioners from the commencement of such proceeding to and including the issuing of such final process as may be necessary to give effect to an order or judg ment of such commissioner. The sum or sums so paid, including jury fees, shall be taxed as costs of suit in favor of the party paying the same, if he be the prevailing party in the action, in addition to any other to which he may be entitled by law. Any cause or proceeding pending before either of said commissioners in said county at the time this act goes into operation shall be heard and disposed of according to the law and practice now in force.

93

SEC. 5. All acts or parts of acts inconsistent with the pro- Acts repealed. visions of this act are hereby repealed.

This act is ordered to take immediate effect.

Approved May 2, 1899.

[No. 57.]

AN ACT to provide for the Protection of the Health, Lives and Interests of the Coal Miners of Michigan, and to provide for the Inspection of all Coal Mines in this State.

The People of the State of Michigan enact:

to appoint.

SECTION 1. That an inspector of coal mines shall be ap- Inspector, who pointed by the Commissioner of Labor, whose duties shall be to inspect the coal mines of Michigan, and from time to time report the results of his inspections with such other labor statistics as he shall be directed to collect, to the Commis- Duties sioner of Labor, upon such blanks and in such manner as the latter named official shall designate, and the results and findings of said coal mine inspections shall be incorporated in the regular annual report of said Commissioner of Labor. Said inspector shall receive in compensation for his services, three Compensation. dollars per day and his necessary expenses of travel while. employed and under instructions, it being further provided that the expenses and salary of said inspector shall not exceed Limit of And to provide for this ex- expense. fifteen hundred dollars per year. Appropriation pense an annual appropriation of fifteen hundred dollars is hereby authorized, and the same shall be placed with the for expense, regular appropriation of the labor bureau fund, to be expended by the Commissioner of Labor for the purposes heretofore provided, and as he shall authorize and direct.

how expended

how and where

SEC. 2. That an escape shaft not less than eight feet square, Escape shaft, shall be provided in all coal mines in this State, for the safety located. of employes, and that said escape shaft shall be provided with suitable means of escape and egress, and shall be located at least three hundred feet and not to exceed four hundred feet from the main shaft, unless extenuating circumstances equire that it be located differently than described, then the distance shall only be extended five hundred feet and at a point to be determin d within the discretion of the inspector. This section not to apply to mines already provided with suitable escape Section not to shafts, but all others shall be provided with said escape shafts apply to certain within three months after the main shaft is completed and ready for operation.

mines.

SEC. 3. That only a competent and trustworthy engineer Who to operate shall be permitted to operate the cages and hoisting devices cages, etc. in all coal mines of this State.

Regulations as

to cages,

to ride, etc.

SEC. 4.

That safety catches and covers shall be on all cages; number allowed that no more than ten men be allowed to ride upon a cage at the same time, and no one be allowed on one cage while a loaded car is on the other cage; that suitable gates shall enclose the top of all shafts, which shall be kept closed, except when absolutely necessary to have them open.

Weighmen to

be sworn.

Check weighman, who may

name.

Certain timber to be kept on hand.

Fresh air to be supplied.

Power of inspector.

a misdemeanor.

SEC. 5. That all weighmen, who shall perform the duty of weighing the coal, shall be sworn by some one competent to administer a legal oath, that they will perform their duty accurately and impartially as between employers and employes, and that they will honestly report and record all weights of coal to which they are entrusted.

SEC. 6. That the coal mine employes shall have the right to name a competent and fair check weighman, who shall be paid by the employes, and shall be sworn by any one authorized to administer oaths.

SEC. 7. That the owner, agent or operator of any and all mines shall keep a supply of timber constantly on hand, of sufficient length and dimensions to be used as props and cap pieces, and the same shall be delivered to the miner at his respective place of work, of such dimensions as he shall designate.

SEC. 8. Every mine owner or agent operating a coal mine shall furnish means and devices that will supply a sufficient amount of fresh air when necessary, or when required by said inspector of mines.

SEC. 9. The inspector, when properly commissioned by the Commissioner of Labor, shall have the right and power to enter any coal mine for the purpose of inspecting or collecting statistics relating to hours of labor, wages, industrial, economic and sanitary questions or matters, scales and oils. Violation of act SEC. 10. Any owner, part owner, operator, manager, or superintendent of any such mine, or director or officer of any stock company owning or operating any such mine, who shall knowingly and wilfully violate any of the provisions of this act, or omit to comply with any of its said provisions, 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, or by imprisonment in the county jail not less than ten nor more than ninety days, or by both such fine and imprisonment, in the discretion of the

Penalty.

court.

This act is ordered to take immediate effect.
Approved May 2, 1899.

[No. 58.]

AN ACT to prohibit the Shooting of Wild Fowl in Black River
Lake and Black River, in the County of Ottawa and State of
Michigan, by persons on board of any Floating Device which
employs as Motive Power Steam, Gas, Naphtha, Oil or
Electricity.

The People of the State of Michigan enact:

wild towl

SECTION 1. That no person shall hunt, pursue, worry or kill Shooting of wild fowl in Black River lake and Black river, in the county of prohibited in Ottawa and State of Michigan, by means of firearms or other certain waters. wise, during such time as said person is upon or within any floating device or contrivance propelled by, or using as motive power, steam, gas, naphtha, oil or electricity.

violation.

SEC. 2. Any person violating any of the provisions of this Penalty for act shall, for each and every offense, upon conviction thereof, be punished by a fine of not exceeding one hundred dollars, or in default thereof, by imprisonment in the county jail not exceeding ninety days, or by both such fine and imprisonment in the discretion of the court.

This act is ordered to take immediate effect.
Approved May 2, 1899.

[No. 59.]

AN ACT to amend section one of act number ninety-six of the public acts of the year one thousand eight hundred and eighty-nine of the public acts of the State of Michigan, entitled "An act to provide for the compensation of the Coroners of Wayne County," the same being Compiler's section nine thousand eighteen a of volume three of Howell's Annotated Statutes.

The People of the State of Michigan enact:

SECTION 1. That section number one of act number ninety- Section six of the public acts of the State of Michigan for the year one amended. thousand eight hundred and eighty-nine, the same being compiler's section nine thousand eighteen a of volume three of Howell's annotated statutes, be amended so as to read as follows:

of coroners.

SECTION 1. That the coroners of the county of Wayne shall Compensation each receive a salary for all services rendered to the county of two thousand dollars per annum, payable from the county treasury of Wayne county on the warrant of the board of county auditors.

This act is ordered to take immediate effect.
Approved May 2, 1899.

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[No. 60.]

AN ACT to amend section one of act one hundred forty-two of the public acts of eighteen hundred eighty-nine, entitled "An act to provide for the reorganization of corporations for mining, smelting and manufacturing iron, copper, silver, mineral coal and other ores or minerals, the term of existence of which has heretofore expired, or may hereafter expire by limitation, and to fix the duties and liabilities of such renewed corporations," being section seven thousand thirtyfive of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. That section one of act one hundred forty-two of the public acts of eighteen hundred eighty-nine, entitled "An act to provide for the reorganization of corporations for mining, smelting and manufacturing iron, copper, silver, mineral coal, and other ores or minerals, the term of existence of which has heretofore expired or may hereafter expire by limitation, and to fix the duties and liabilities of such renewed corporations," being section seven thousand thirty-five of the Compiled Laws of eighteen hundred ninety-seven, be and the same is hereby amended so as to read as follows:

SECTION 1. That it shall be lawful for any corporation heretofore or hereafter organized under the general laws of this State for mining, smelting or manufacturing purposes, whose corporate term has expired, or shall expire by limitation, at a special meeting of its stockholders called for that purpose, by a vote of at least four-fifths of its capital stock, to direct the continuance of its corporate existence for such further term, not exceeding thirty years from the expiration of its former term, as may be expressed in a resolution for that purpose. Such meeting may be called in accordance with the by-laws of the corporation, and the laws of this State applicable to the same class of corporations whose term has not expired, by order of the directors de facto of the corporation. Upon the adoption of such resolution by a vote, in person or by proxy duly filed, of four-fifths of the capital stock, it shall be the duty of the president and secretary of the stockholders' meeting to make, sign and acknowledge duplicate articles of association, as in the case of a new corporation, to which shall be appended a copy of the proceedings of such stockholders' meeting, certified by the secretary and verified by his oath, which articles of association shall be filed with the Secretary of State and with the county clerk of the county where the corporation carries on its business, and be by both recorded in their respective offices, at the expense of such corporation; the copies so filed and the record thereof, or a certified copy of either of such records, shall be prima facie evidence of the facts therein recited; but said articles of association need not set forth in the case of cor

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