When further

to be made.

Limit of time.

certificate.

assigns, as fully and effectually, to all intents and purposes, as if patents had been issued by the State, and delivered to said company therefor.

Sec. 2. When, and as soon as said Grand Rapids and Indiana confirmation Railroad Company shall complete, in accordance with the laws of this State and of the United States, twenty continuous miles of the said railroad north from the northern terminus of their said road at Cedar Springs, provided the same shall be fully completed as aforesaid, on or before the first day of July, eighteen hundred and sixty-nine, in accordance with the provisions of act number fourteen, of the session laws of eighteen Governor's hundred and sixty-seven, and the Governor of the State shall 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. tion of forty

of Cedar Springs.

Sec. 3. When, and as soon as said Grand Rapids and Indiana miles north Railroad Company shall have completed twenty other continuous miles of their said railroad north from the northern terminus of their said road, in the last preceding section mentioned, and so 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 aforesaid, by the first day of January, one thousand eight hundred Governor's and seventy-one, and the Governor of the State shall certify 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

certificate.

firmed in the said Grand Rapids and Indiana Railroad Company and assigns, in like manner, and with like effect as herein before provided.

of twenty

year after

certificate.

Sec. 4. Whenever the said Grand Rapids and Indiana Rail- Completion road Company shall thereafter complete a section of twenty miles each continuous miles of their said railroad, north from the last 1871. 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's 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.

etc., facili

paries inter

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.

tional rights

feited.

Sec. 6. In case the said Grand Rapids and Indiana Railroad How cond!Company 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

herein before provided, such failure shall cause and be a forfeiture to the State of all the rights and interests of said railroad company in and to so much of said lands heretofore granted to it conditionally, the title to which shall not have been confirmed in or earned by such company according to the provisions of this act. The board of control of this State shall, in case of such forfeiture, without delay, confer the lands so forfeited, 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

Duty of board of control.

of transfer

of land to any other

company.

company unless such company shall also build the portion of the present line of road of the Grand Rapids and Indiana Railroad 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 are 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 case of forfeiture as aforesaid, and in case of forfeiture, to require the railroad company to whom such lands may be transferred 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.

of board of

control.

Sec. 7. This act shall take immediate effect.

Approved March 17, 1869.

Penalties for

trespass.

[ 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,

1

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 penalties. if any of the offenses mentioned in this section shall be committed on the first day of the week, or in disguise, 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.

ages.

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.

[ 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.

to establish

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,

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 commissioners, they may examine and approve such proceedings, and Where filed, 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 etc., extends 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.

more town

ships.

Petition to commission

erg.

By whom signed.

tion to set

forth.

file bond.

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-course, there shall be filed with such commissioners, or one of them, a petition 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 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 a 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 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 township, 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;

Notice by

commission

ers.