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ing the business of said office, shall be punished by fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, or by both, at the discretion of the court having cognizance of the same.

(1610.) SEC. 3. The owner or owners of any telegraphic line, con- Annual tax. structed under the provisions of this act, shall pay to the State an annual tax of twenty-five cents upon every mile in length so constructed, in lieu of all other taxes, which shall be paid in the last week in January in each year, to the State Treasury.

(1611.) SEC. 4. The State shall have a lien upon any line con- Lien of the structed as aforesaid, and its appurtenances, for all taxes which State for taxes. may accrue thereon to the State, by virtue of the provisions of the foregoing section; and in case the tax, or any part thereof, shall remain unpaid at the time herein before provided for its payment, then the State Treasurer shall have power, and it is hereby made his duty, to advertise such line for sale for the amount of such tax remaining unpaid, in some newspaper published in the city of Detroit, by giving three weeks' previous notice, and to sell the same accordingly for the amount of tax and interest and charges of sale: Provided, The same shall not be paid before the time of Proviso. sale; and the surplus money, if any, shall be paid to the owner or owners of such line.

willful injury to

(1612.) SEC. 5. Any person or persons who shall knowingly or Penalty for willfully injure, molest, or destroy any of said lines or appurte- line. nances belonging thereto, and any person who shall counsel or advise the injury, molestation, or destruction of any of said lines or appurtenances thereto belonging, shall be deemed guilty of a misdemeanor, and be punished by fine not exceeding one thousand dollars, or imprisonment not exceeding one year, or both, at the discretion of the court having cognizance thereof. (1613.) SEC. 6. The Legislature may at any time alter, modify, Act may be alor repeal this act, and the same shall take effect and be in force from and after its passage.

tered or repealed.

An Act authorizing any five or more persons to form associations or companies for the purpose of constructing any line or lines of electric telegraph in the State of Michigan.

[Approved March 5, 1847. Laws of 1847, p. 41.]

the construction

(1614.) SECTION 1. Be it enacted by the Senate and House of Associations for Representatives of the State of Michigan, That any five or more of lines of telepersons who shall form an association or company for the purpose of constructing and using any line or lines of telegraph in this

graph.

265.

Laws of 1846, p.
See Chapter 33.

State, or commencing in this State and terminating elsewhere, shall be entitled to all the benefits, privileges, and immunities, and subject to all the pains, penalties, and liabilities contained in an act entitled "An act to regulate private associations and partnerships," approved eighteenth day of May, one thousand eight hundred and forty-six, so far as the provisions of that act are consistent .with the purposes of such associations or companies, and not inconsistent with the provisions of an act entitled, "An act authorizing any persons to construct lines of electric telegraph in the State of Michigan," approved the twenty-eighth day of January, one thousand eight hundred and forty-seven.

SEC. 2. This act shall take effect and be in force from and after its passage.

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Procure license.

An Act to regulate telegraph companies and their agents, and individuals doing telegraph business, not incorporated by the State of Michigan.

[Approved March 27, 1867. Laws of 1867, p. 163.]

(1615.) SECTION 1. The People of the State of Michigan enact, That it shall not be lawful for any telegraph company, association, or individual to transact the business of telegraphing or sending messages by telegraph within this State, without first procuring a certificate of authority or license from the State Treasurer of this Make statement State; and before obtaining such certificate, such company, association, or individual, shall furnish the State Treasurer of this State, annually, in the month of March in each year, with a statement under oath, of the president, treasurer, or superintendent of

under oath.

such company, association, or individual, which statement shall

show

First. The name and locality of the company or association; Second. The amount of its capital stock, and how much is paid up on such stock;

Third. The amount of gross receipts on their current business in this State, for the year ending December thirty-first, next preceding such report.

cent.

(1616.) SEC. 2. It shall be a condition precedent to the issuing Taxed two per or the renewal of the annual certificate or license of the State Treasurer, that the company making the statement shall pay into the State Treasury a specific State tax of two per cent on the gross amount received by said company in this State for business done therein for the year covered by the report provided for in section one of this act, which said specific State tax may be recovered in any court at the suit of this State. It shall be the duty Duty of State of the State Treasurer to give his receipt for all money paid into the State Treasury, under the provisions of this act, and to issue as many copies of the annual certificate or license as may be desired by said company.

Treasurer.

transact busines.

(1617.) SEC. 3. Any telegraph company, association, firm, copart- Permission to nership, or individual, complying with the requirements of this act, and receiving the certificate or license from the State Treasurer of this State, shall be permitted to do business freely in any part of this State.

act.

(1618.) SEC. 4. Any person or persons violating the provisions violation of this of this act shall, upon conviction thereof in any court of competent jurisdiction, be fined in any sum of not less than ten and not Penalty. exceeding one hundred dollars, for each and every act, at the discretion of the court. Violations of the provisions of this act may How prosecuted be prosecuted in the name of the people of the State of Michigan, and it shall be the duty of the prosecuting attorney of each county in this State to prosecute for any violation of the provisions of this act.

An Act to regulate express companies and their agents, and individuals prosecuting the express business, not incorporated by the State of Michigan.

[Approved March 27, 1867. Laws of 1867, p. 194.]

license.

(1619.) SECTION 1. The People of the State of Michigan enact, Must procure That it shall not be lawful, after February first, eighteen hundred and sixty-eight, for any person or persons to act within this State,

as agent or officer, in transacting the express business, or the forwarding of packages or parcels by express, for any company, association, or individual, without first procuring a certificate of authority or license from the State Treasurer of this State; and Annual certified before obtaining such certificate, such company, association, individ

statement.

Contents.

Amount of State tax.

ual, agent, or agents shall furnish the State Treasurer of this State, annually, in the month of January in each year, with a statement under oath, of the president, treasurer, secretary, or general agent of such company, association, or individual, for which he or they may act, which statement shall show

First. The name and locality of the company or association; Second. The amount of its capital stock, and how much is paid upon such stock:

Third. The number of agencies or places of business of said company in this State;

Fourth. The amount of gross receipts on their current business in this State, for the year ending December thirty-first, next preceding such report.

(1620.) SEC. 2. It shall be a condition precedent to the issuing or the renewal of the annual certificate or license by the State Treasurer, that the company, association, or individual making the statement shall pay into the State Treasury a specific State tax of one per cent on the gross amount received by said company, association, or individual, within this State for the year included in the report provided for in section one of this act, which said specific tax may be recovered in any court at the suit of this State. Copies of license. It shall be the duty of the State Treasurer to give his receipt for all moneys paid into the State Treasury under the provisions of this act, and to issue as many copies of the annual certificate or license as may be desired by said company, but not more than one for each agent or place of business of said express company, association, or individual in this State.

Permit after compliance.

Penalty of violation.

(1621.) SEC. 3. Any express company, association, firm, copartnership, or individual, complying with the requirements of this act, and receiving the certificate or license from the State Treasurer of this State, shall be permitted to do business freely in any part of this State.

(1622.) SEC. 4. Any person or persons violating the provisions of this act shall, upon conviction thereof in any court of competent jurisdiction, be fined in any sum of not less than ten and not exceeding one hundred dollars, for each and every act, at the discretion of the court. Violations of the provisions of this act may

be prosecuted in the name of the people of the State of Michigan, and it shall be the duty of the prosecuting attorney of each county in this State to prosecute for any violations of the provisions of this act.

companies of

mention laws

porated under.

(1623.) SEC. 5. Any express company, corporation, or association Statement of prosecuting the express business in this State, not incorporated by other States to the laws thereof, shall, if incorporated or organized under the laws they are incorof any other State, or of any foreign government, mention, in the statement required by the first section of this act to be filed, the law or laws under which they claim to be so incorporated or organized. Such companies, corporations, or associations may be sued Powers of such and may sue in the name set forth in such statement, and may hold, use, and employ such real and personal property as may be actually used or employed in whole or in part in the carrying on of such business, and proper and necessary therefor, and may convey the same. 1

companies.

torneys.

torney; how ac

where filed.

(1624.) SEC. 6. Any such company, corporation, or association, To appoint atnot incorporated under the laws of this State, and any individual who is not a resident of this State, and any copartnership the members of which are all or in part non-residents of this State, shall, prior to the issuing or renewal of the certificate by the State Treasurer, make and execute, under seal, a power of attorney, authorizing an attorney or attorneys in this State, on whom process of law can be served. Such power of attorney shall be acknowledged Power of atbefore some officer authorized by law of this State to take acknowl- knowledged and edgments of deeds, and shall be filed in the office of the State Treasurer, and a certified copy thereof shall be filed in the office of the clerk of the county where such attorney or attorneys reside, or have his or their office. Such appointment shall continue until Continuance of another attorney shall be substituted, and a new power of attorney duly acknowledged, and a certified copy thereof shall be filed as above provided. Process may be served on such attorney for the When process purpose of commencing actions upon any liability or indebtedness on attorney. incurred or contracted while such company, corporation, or association, individual or copartnership transacted business in this State. Such corporation, company, associations, individuals, and members Corporations of such copartnership shall, for the purposes of suits, be deemed dents of any residents of the county in which such suits shall be commenced, and such service shall be deemed a valid personal service upon such company, corporation, or association, individual, or persons composing such copartnership.1

1 As added by Act 58 of the Laws of 1871, p. 64, approved and took effect March 29, 1871.

the appointment

may be served

deemed resi

county for purposes of suits.

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