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assigns, as fully and effectually, to all intents and purposes, as if patents had been issued by the Stato, and delivered to said

company therefor. When Sec. 2. When, and as soon as said Grand Rapids and Indiana further confirmation Railroad Company shall complete, in accordance with the laws to be made.

of this State and of the United States, twenty continuous miles

of the said railroad north from the northern terminus of their Limit of Baid road at Cedar Springs, provided the same shall be fally

completed as aforesaid, on or before the first day of July, eighteen hundred and sixty-nine, in accordance with the pro

visions of act number fourteen, of the session laws of eighteen Governor's hundred and sixty-seven, and the Governor of the State shall certificate.

duly certify to the completion thereof to the Secretary of the Interior, the right, title, and interest of the State of Michigan, in and to so much, and all and singular of the said granted lands as are situated opposite and coterminous with such additional section of twenty miles of railroad, applicable thereto by the acts of Congress, shall thereupon be vested and confirmed to the said Grand Rapids and Indiana Railroad Company and its assigns, in like manner and with like effect as in

the preceding section provided. On comple. Sec. 3. When, and as soon as said Grand Rapids and Indiana tion of forty miles north" Railroad Company shall have completed twenty other continuous Springs miles of their said railroad north from the northern terminus

of their said road, in the last preceding section mentioned, and 80 that the northern extremity of the said railroad shall be

forty continuous miles north from Cedar Springs, in the county Time limited of Kent, provided that the same be fully completed, as afore

said, by the first day of January, one thousand eight hundred Governor's and seventy-one, and the Governor of the State shall certify sertificate.

the same to the Secretary of the Interior as aforesaid, the right, title, and interest of the State of Michigan, in and to so much and all and singular the said granted lands, as are situate opposite to, and coterminous with such additional twenty continuous miles of completed railroad, as are applicable thereto by the acts of Congress, shall thereupon be vested and con

firmed in the said Grand Rapids and Indiana Railroad Company and assigns, in like manner, and with like effect as hereinbefore provided. Sec. 4. Whenever the said Grand Rapids and Indiana Rail- Completion

of twenty road Company shall thereafter complete & section of twenty miles each continuous miles of their said railroad, north from the last 1872. mentioned twenty miles, until the said road shall be fully completed to the proposed northern terminus of said railroad, provided said company shall fully complete at least twenty continuous miles of said railroad north, as aforesaid, in each year, from and after the said first day of January, eighteen hundred and seventy-one, and the same shall be duly certified Governor'a

certificato. by the Governor to the Secretary of the Interior, the right, title, and interest of the State of Michigan, in and to so much and all and singular of the said granted lands as are situated opposite to and coterminous with each such additional twenty continuous miles of railroad, applicable thereto by acts of Congress, shall thereupon be vested and confirmed in the said Grand Rapids and Indiana Railroad Company and assigns, in like manner and with like effect as hereinbefore provided.

Sec. 5. The said Grand Rapids and Indiana Railroad Com- Freights, pany, receiving said grant of lands, and the title of the State ties to comtherein, shall at all times afford equal facilities for the trans-secting. portation of freight and passengers with each and every railroad connecting or intersecting therewith, without discrimination in favor of or against any or all of said railroads.

Sec. 6. In case the said Grand Rapids and Indiana Railroad How condiCompany shall fail to complete the twenty miles north from may be for Cedar Springs, in compliance with the provisions of section two, on or before the first day of July, in the year eighteen hundred and sixty-nine, or shall thereafter fail to complete the next successive twenty miles north by the first day of January, eighteen hundred and seventy-one, or shall from time to time thereafter fail (to] complete the twenty continuous miles of railroad, as

,

paries inter board of con

tional rights

feited

of transfer of land to any other

hereinbefore provided, such failure shall cause and be a forfeiture to the State of all the rights and interests of said rail. road company in and to so much of said lands beretofore granted to it conditionally, the title to which shall not bave

been confirmed in or earned by such company according to the Duty or provisions of this act. The board of control of this State sball, trol in case of such forfeiture, without delay, confer the lands so for

feited, as aforesaid, upon such other railroad company as in the

opinion of said board shall be able to comply with the terms of Conditions said grant; but said lands shall not be conferred upon any

company unless such company shall also build the portion of company. the present line of road of the Grand Rapids and Indiana Rail

road Company between the city of Grand Rapids and Sturgis, or refund to the municipalities on the line of such road, as now located, the full amount of aid heretofore rendered by them in the construction of that portion of said road, with the interest thereon, nor unless such company shall also afford the same facilities for the transportation of freight and passengers, on connecting and intersecting lines of railroads, as aro herein

provided for the Grand Rapids and Indiana Railroad Company; Further duty and it is hereby made the duty of said board to act at once, in of board of control. case of forfeiture as aforesaid, and in case of forfeiture, to re

quire the railroad company to whom such lands may be trans-
ferred to construct its railroad as rapidly as possible, so as to
conform as nearly as in the judgment of said board may be
practicable to the spirit of this act.

Sec. 7. This act shall take immediate effect.
Approved March 17, 1869.

(No. 38. ] AN ACT to prevent trespass upon cranberry marshes. Section 1. The People of the State of Michigan enact, That if any person shall enter the premises of any other person, and take and carry away cranberries or cranberry vines there growing,

Penalties for trespass.

shall trample or otherwise injure or destroy the cranberry vines growing thereon, without the permission of the owner or occupant of said premises, such person shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by imprisonment in the county jail not less than five days, or by fine not less than five dollars, and costs of prosecution, or both such fine and imprisonment, in the discretion of the court; and Further

penaltion if any of the offenses mentioned in this section shall be committed on the first day of the week, or in disgaise, or secretly in the night-time, between sun-setting and sun-rising, on conviction thereof the punishment shall not be less than twenty dollars fine, or imprisonment in the county jail not less than ten days, or both, at discretion of the court.

Sec. 2. Any person who shall commit any of the acts of tres. Treble dampass in section one of this act, shall be liable in treble damages, in an action of trespass to be brought in the name of the owner or occupant of the land upon which said trespass may have been committed.

Sec. 3. This act shall take immediate effect.
Approved March 17, 1869.

ages.

to ottab ish

[ No. 39. ] AN ACT authorizing the locating, establishing, and constructing of ditches, drains, and water-courses by highway commissioners of townships, and repealing all acts relating thereto.

Section 1. The People of the State of Michigan enact, That Proceedings when any persons in any township or townships shall agree ditch, etc. upon the locating and constructing of any ditch, drain or watercourse, and shall enter into a written agreement, signed by all the persons along or across whose lands such ditch, drain, or water-course is to run, specifying the place of beginning, the route and terminus, also the dimensions, and the number of feet or sections in length to be constructed by each person, and the compensation to be paid, if any agreed upon, and to whom,

etc., extends

more town. ships.

Petition to commissionere.

and by whom, and when to be paid, and a map shall be made, setting forth all of the above particulars, and the same, on being attached to the agreement, shall be presented to the commissioners of highways of any township, together with a sufficient amount of money to pay expenses incurred by such commis

sioners, they may examine and approve such proceedings, and Where fled, endorse their approval thereon, and file the same in the town When ditch, clerk's office of their township; and when such ditch, drain, or into two or water-course shall extend into two or more townships, then

duplicate copies shall be made and presented to the commissioners in each township, and be filed as above provided; and such ditch or drain shall be held to be fully established by law, and entitled to full protection from obstructions or damage.

Sec. 2. That before the commissioners of highways of any township shall take any steps towards locating, establishing or constructing any ditch, drain or water-coursė, there shall be

filed with such commissioners, or one of them, a petition signed signed.

by one or more persons, and where such proposed ditch, drain or water-course shall run along, by or across the lands of more

than two persons, then such petition shall be signed by a What peti- majority of all the resident owners of lands so affected. Said forth. petition shall set forth the necessities of the same, with a Petitioners to description of its starting point, route and terminus, and such

petitioners shall file with the commissioners of highways & good and sufficient bond with securities, at the time of filing said petition, conditioned to pay all costs and expenses incurred,

in case such commissoners of highways shall fail or refuse to Notico by locate and establish such ditch, drain or water-course. Upon

such papers being filed, the commissioners of highways shall give notice in writing, by posting three written or printed notices along the route of such proposed ditch, drain or watercourse, and two in two of the most public places in the town. ship, setting forth the time and place of meeting to determine such petitions, also the description of such proposed ditch, drain, or water-course, and its proposed route and terminus;

tion to set

Aile bond.

commission. ers

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