Improve

ments, not more than $100.

Proviso,

rental period 10 years.

Regular meetings, duty at.

Notice of action.

What to include.

Execution of certificates,

etc.

SEC. 4. In all cases where any person, firm, corporation or society shall apply for a lease of any of the lands of the character described in section one of this act and there shall not have been expended thereon one hundred dollars or more for improvements, the term of the lease may be in the discretion of the said board of control for any period not exceeding ninety-nine years: Provided, That in all such cases the said term shall be divided into rental valuation periods of ten years, such rental valuation or consideration to be determined in the first instance at the time said claimant is adjudged entitled to a lease, and at the expiration of each ten years thereafter during the entire period of said lease it shall be the duty of said board of control to determine the rental value or consideration to be paid by the lessee for the next succeeding ten years.

SEC. 5. It shall be the duty of said board of control at its regular meetings, to proceed and hear and to determine the validity of all the applications then on file, made by applicants for leases, and it shall keep a record of written evidence, if any, which may be filed with each application, in a suitable record book to be provided by said board of control. Each claimant adjudged entitled to a lease shall receive from the Commissioner of the State Land Office within ten days after such action has been taken by said board of control a notification in writing of such action by said board of control, and a certificate for such land, or so much thereof as shall have been adjudged to such claimant, his heirs or assigns, in which shall be certified the name of the claimant and a description of the land so adjudged to be leased to him and the rental or consideration therefor. Said notification shall include statement of the time when rental shall be due and the penalties for failure to comply with the provisions of this act, both as regards payment of rental and taxes, which rental consideration shall be paid to the State Treasurer, one-half thereof at the time said lease shall be executed by both parties thereto, and the balance with interest at the rate of six per cent within one year thereafter, unless such lessee shall elect to pay the entire rental at the time such lease is executed. Such certificate shall further state that such claimant, his heirs or assigns shall on payment of the amount therein named, be entitled to a lease of said lands as provided in this act to be executed by the Commissioner of the State Land Office upon presentation and surrender of such certificate to the said Commissioner of the State Land Office, together with the receipt of the State Treasurer showing the payment of said rental or consideration.

SEC. 6. Such applications as may be filed under the provisions of this act, which satisfy its requirements and upon which there exists no conflict of claims, shall of themselves be sufficient, without additional written or verbal testimony, to entitle such claimant to the certificate and lease provided

for herein, which said certificate and lease shall thereupon be executed in manner and form as provided for in this act.

SEC. 7. All persons, firms or corporations, having been in Failure to make applicaoccupation or possession of lands of the character named in tion, etc. section one for one year or upwards, prior to January one, nineteen hundred thirteen, failing to make application for a lease for the occupation and possession of the same as provided for herein, within nine months after this act takes effect, and all persons, firms or corporations who shall fail after the notification provided for in section six of this act to make payment of the consideration fixed by the said board of control within the time and in the manner specified in this act, shall be deemed trespassers, and an action may be brought in the circuit court for the county in which such lands are situated in the name of the people of the State of Michigan, by the Attorney General of the State to recover possession of said lands.

lease.

SEC. 8. It shall be the duty of the Attorney General to Blank form of prepare a blank form of lease, which shall be used by the Commissioner of the State Land Office in all cases where said board of control has at a regular meeting, determined the rental value and the term of the lease. Every lease shall How executed. be executed on behalf of the State of Michigan by the Commissioner of the State Land Office, and shall be duly acknowledged and recorded in the office of the register of deeds for the county in which said lands are situated and such register of deeds shall be entitled to no fees for making such record.

SEC. 9. In fixing rental values the said board of control Rental value, shall determine present land values only and shall not in- fixing of. crease the rental value because said lands may have been improved by dredging, leveling off, sheat-piling, erecting docks, buildings or structures of any kind.

precedence

SEC. 10. The board of control shall lease or rent the lands Occupants of the character herein named to occupants and claimants and claimants, in possession to the exclusion of other persons, firms or cor- given. porations, provided such occupants or claimants have made or shall make an application to lease said lands so occupied, claimed or improved within nine months next after this act taxes [takes] effect, in accordance with the provisions hereof.

SEC. 11. The board of control shall have no power to lease Lands not to to any person, firm or corporation, lands of the character be leased. described in section one of this act, that are now included by any law of the State, within a public park.

lessees.

SEC. 12. The rights of lessees under this act shall be sub- Rights of ject to the paramount right of navigation, hunting and fishing, which rights are to remain in the general public and in the government as now existing and recognized by law. SEC. 13. Any person, firm or corporation in possession or Application, occupation of any land of the character described in section one of this act desiring to lease the same from the State, shall file with the Commissioner of the State Land Office

where filed, form, etc.

Proviso, former applications.

Prior improvements.

Entitled to lease.

within nine months after this act takes effect, a written application for such lease, which shall state the applicant's full name, postoffice address and all the facts relied upon to establish possession, occupancy and improvement, and every claim so filed shall show the amount claimed to have been expended by said claimant upon said land and the length of time he has been in possession of said land and the character of the improvements made and shall be signed and verified by such claimant, and said application shall not be deemed invalid because of any technical inaccuracy or misdescription, but the same may be permitted to be corrected at any time in the discretion of said board of control: Provided, That all persons, firms, corporations, societies or associations that have heretofore made application in accordance with act number one hundred seventy-five of the public acts of eighteen hundred ninety-nine, or act number two hundred fifteen of the public acts of nineteen hundred nine, shall not be required to make any further or additional application, but the application so made shall have the same force as though made under the provisions of this act.

SEC. 14. Any person, or persons, firm or corporation or association, claiming under this act and having been in occupancy of any of the land described in section one hereof and having improved said land under the definition set forth herein prior to January one, nineteen hundred thirteen, shall be entitled to a lease with valuation periods as herein provided, for ninety-nine years, of the land so claimed and improved, upon payment to the officer authorized to receive Consideration. the same of such consideration as may be fixed by said board of control and it shall be the duty of said board of control and of the other officers specified in this act, to issue all orders and certificates necessary and to lease to said person or persons, firms or corporations or associations, for a term of ninety-nine years the land so applied for by them: Provided, That said persons, firms or corporations or associations have filed or do cause to be filed proper applications therefor, as required by the provisions of this act: And Provided further, That said board of control may lease to any of said persons, firms, corporations or associations, any of said lands applied for under the provisions hereof for a term of years equal to or less than the full rental period when so requested by the lessor.

Proviso.

Further proviso.

Certain words defined.

Priority, when not given.

Proviso.

SEC. 15. The words "possession," "occupancy" and "improvement" as used in this act shall be construed to include dredging or ditching, the throwing up of embankments, sheatpiling, filling in, the erection of fences, a boat-house, land made by dredging and filling, or building structures.

SEC. 16. The board of control shall not be compelled to give priority to any application for a lease of any lands where the improvements do not exceed in value one hundred dollars: Provided, That it shall not be unlawful for said board of control to give such an application priority

over other applicants when in its judgment the facts warrant such a determination.

SEC. 17. In describing the lands that may be leased under Surveys governing. the terms of this act, said board of control shall be governed by maps, plats and field notes of surveys made by the United States surveyors or by the State of Michigan.

etc.

administer

SEC. 18. The said board of control shall ascertain and Rights of claim, how decide upon the rights of persons claiming the benefit of this ascertained, act, and it shall have power to hear and decide in a sum- etc. mary manner all matters respecting such applications or claims, except as herein otherwise provided and to that end compel the attendance of witnesses and receive such competent testimony by deposition or otherwise as may be produced, and determine thereon, according to equity and justice, the validity and just extent of the claim and respective rights of conflicting claimants making application for a lease. It Record of shall cause minutes of the filing of such claims and all its proceedings, proceedings to be entered in a book kept for that purpose and keep a record of the evidence from which its decisions are made, and it is authorized when it deems it necessary, or upon request of any of the claimants, to employ a stenographer to assist said board of control. And each of the Members may members of said board of control shall have power to admin- oaths, etc. ister oaths, issue subpoenas, compel the attendance of witnesses and the production of papers upon any hearing before said board of control. In case of disobedience on the Contempt. part of any person or persons, or wilful failure to appear pursuant to any subpoena issued by said board of control or any of its members, or upon refusal of any witnesses to testify regarding any matter pending before said board of control or to produce books and papers which he shall be required by said board of control or by any member thereof to produce, it shall be the duty of the circuit court of any Attachment. county in this State in which said board of control shall be in session or of a judge thereof, upon the application of said board of control or any member thereof, to compel obedience by attachment proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein, and in addi- Additional tion said members of said board of control shall have the powers. powers vested in justices of the peace and notaries public to compel witnesses to testify to any matter pending before said board of control, and each witness who shall appear before said board of control by its order or subpoena shall receive for his attendance the fees and mileage provided witnesses in civil cases in circuit courts, said fees to be paid by the party calling such witnesses.

claims.

SEC. 19. In all cases where there shall be a contest or Conflicting conflict between applicants for a lease to the same piece or parcel of land growing out of a prior occupation or improvements, such conflicting claims shall be determined by the board of control at a regular meeting after notice to each

cuit court.

of said claimants of the time and place of hearing, and in such cases depositions may be taken by any claimant in the manner provided for taking depositions in the circuit courts Appeal to cir- of this State. Any party considering himself aggrieved by any decision of the said board of control refusing to grant him a lease under the provisions of this act whether in case of conflict, contest or otherwise, shall have the right of appeal to the circuit court for the county in which such land is situated and the proceedings to take such appeal and the trial thereof in any of said courts shall be in accordance with the statutes providing for appeals from justice courts of this State, or to take such other action at law or in equity as provided by the statutes and laws of the State of Michigan.

Sales or transfers, approved by board.

Record of sales, etc.

Lessee may sell, etc.

First right to re-lease.

Accounting of moneys.

Employes.

Taxation.

SEC. 20. All sales or transfers of leases shall contain a specific statement of the purpose for which the property leased is to be used by the purchaser or assignee, and no sale or transfer of any lease for other than club or residence purposes shall be valid, unless and until the sale or transfer is approved by said board of control. The said board of control shall keep a book of record for the purpose of recording all sales or transfers of leases, and no sale or transfer of any lease by any lessee shall be valid unless and until the same is filed for record with said board of control.

SEC. 21. Any lessee under this act may sell and transfer the improvements on the premises so leased and his leasehold interest therein, provided the rental therefor is not in arrears and all taxes assessed and a lien thereon are fully paid. Any sale or transfer which may be contrary to the provisions of this act shall be absolutely void.

SEC. 22. When any lease shall expire by limitation the last lessee or his assignee, heirs or personal representative or any mortgagee or person having a mortgage interest therein shall have the first right for sixty days next after such expiration of limitation to re-lease said premises.

SEC. 23. All moneys received from the leasing of said land of the character described in section one of this act shall be paid to the State Treasurer and by him credited to the general fund. All expenses incurred in carrying out the provisions of this act or heretofore contracted in the carrying out of act number two hundred fifteen of the public acts of nineteen hundred nine, shall when audited by the Board of State Auditors, be paid from the general fund in the same manner as other expenses in conducting the State Land Office. Said board of control shall have power to hire such employes as in its judgment shall be necessary to carry Gut the provisions of this act.

SEC. 24. The lessee's interest in all leases made under the terms of this act shall be assessed as real estate by the assessing officer of the township, city or village in which the lands leased may be located and the levy and collection of taxes so assessed on said lessee's interest shall be made and