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Com. of Int.

Imp. authorized to let

Sec. 2. That the Acting Commissioner of Internal Improvement be, and he is hereby authorized and directed to let the necessary contracts. contracts pursuant to law for locking said canal into the river as aforesaid.

Aud. Gen

script.

Sec. 3. In payments for estimates upon contracts made under this act, the Auditor General shall draw a scrip not bearing interest, and to draw a payable only in lands at the State Land Office, for internal improvement lands, whenever a sufficient amount of said scrip or other funds shall be presented to pay for any such legal subdivision or other frac tion as shall there be subject to sale or entry.

tion.

Sec. 4. That there be and is hereby appropriated out of the 500,- Appropria000 acres aforesaid, sufficient lands for the payment of seven thousand and seventy-three dollars and thirteen cents, being the amount now due for work done and materials furnished for said canal under the contracts of the past year, and that therefor the Auditor General is hereby authorized and directed to draw a scrip not bearing interest, for the said sum of seven thousand and seventy-three dollars and thirteen cents, payable in lands at the Land Office for internal improvement lands, whenever a sufficient amount of said scrip or other funds by law receivable for said lands shall be presented for any such legal subdivision or other fraction as shall be subject to sale or entry.

Sec. 5. That this act shall take effect and be in force from and after its passage.

Approved March 14, 1845.

No. 28.

AN ACT to authorize Philo Beers and Anson Ensign to erect a Dam across Flat River, in the county of Montcalm.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Philo Beers and Anson Ensign, Dam their heirs and assigns, are hereby authorized and empowered to erect a dam across Flat River, in the county of Montcalm, on lot Nos. one and five of section thirty, in township ten north of range

Height of

dam

Proviso.

eight west Provided, That the title of said described lands is at the time of erecting the said dam, vested in the said Philo Beers and Anson Ensign, or that they obtain the permission of the owners thereof.

Sec. 2. The said dam shall not exceed four feet in height above low water mark, and shall have a good and sufficient sluice or apron of convenient width and dimensions to admit the safe passage of rafts of every kind, down that river, and such boats and canoes as may navigate the same, which said sluice or apron shall be kept in good repair by the person or persons using said dam.

Sec. 3. Nothing in this act shall be construed to authorize the persons above named, their heirs or assigns, to enter upon or flow the lands of any other person or persons: Provided, That the occupant of said dam shall construct therein or thereat, a convenient lock for the safe passage of boats, canoes, rafts or other water craft, whenever the Circuit Court of said county shall order upon good cause shown.

Sec. 4. If, at any time hereafter, the water should be required to be drawn from said river for the purpose of internal improvement or navigation, it shall not be lawful for the said Philo Beers and Anson Ensign, or any other person or persons owning said dam to claim or recover any damages therefor:

Sec. 5. The legislature may at any time amend or repeal this act
Approved March 19, 1845.

& Co.

No. 29.

AN ACT to provide for the payment of G. F. Rood and Company.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Michigan, That the State Treasurer be, and he is hereby authorized to pay out of any monies in the treasury, not otherwise appropriated, the sum of one hundred and thirty-three dol

G. F. Rood lars and thirty-six cents, to G. F. Rood and Company, being the balance due for stationery furnished for the use of the Senate in eighteen hundred and forty-four.

Approved March 19, 1845.

No. 30.

AN ACT to provide for laying out a State Road from
Grand Rapids to Muskegon river.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Michigan, That John F. Stearns, James Davids and Solomon Wright, be and they are hereby authorized to lay out and establish a state road from Grand Rapids, in the county of Kent, on the most eligible and direct route to the Muskegon river, in township twelve north of range eleven west, section eight, and file the survey of so much of said road in the office of the township clerk of each township through which said road shall pass, as shall be laid out in such township: Provided, That no expense incurred in laying Proviso. out, establishing or constructing said road shall be chargeable to the

state.

Sec. 2. Two years are hereby allowed and granted to the said commissioners for laying out and opening said road.

Sec. 3. This act shall take effect and be in force from and after its passage.

Approved, March 19, 1845.

No. 31.

AN ACT to provide for the service of process upon the agents of corporations in certain cases.

Service of

Sec. 1. Be it enacted by the Senate and House of Rewresentatives of the State of Michigan, That any writ or process hereafter issuing out of any court of record of this state in any suit against a corpora- process. tion, incorporated company, or body politic and corporate, may be directed to and served by the Sheriff of any county of this state within his bailiwick by delivering a copy of such writ or process to the President, Cashier, Secretary or Clerk of such corporation, incorporated company, or body politic and corporate; and in case said President, Cashier, Secretary or Clerk cannot on diligent search be found, then the said writ or process may be served by the Sheriff to whom the same is directed by leaving a copy thereof with the agent of said corporation, incorporated company, or body politic and corporate:

Provided however, That every such suit shall be instituted in the county where the plaintiff or defendant shall reside.

Sec. 2. All acts and parts of acts concurrent with or contravening the provisions of this act are hereby repealed.

Approved March 19, 1845.

Trustees.

Proviso.

No. 32.

AN ACT to incorporate the Michigan Central College at Spring Arbor.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Elijah Cook, Drusus Hodges, Jonathan L. Videto, Justus H. Cole, Joseph C. Bailey, Henry S. Limbocker, Lemuel W. Douglass, Lewis J. Thompson, and Enos W. Packard, and their successors in office, shall be and they are hereby constituted and declared a body corporate, by the name and title of the Michigan Central College at Spring Arbor, and shall be trustees of the said college, to have perpetual succession, capable by its name in law to sue and be sued, to plead and be impleaded, in any court within this state, and to receive, possess retain and enjoy any lands, rents, tenements or hereditaments of what kind soever, and to alien the same, and also to purchase any lands or estates, real and personal, to receive any charity, donation or bequest, which may be made to them, the said trustees, for the use of the said college, and be capable to sell, lease or otherwise dispose of any lands, chattels, real or personal, of any kind whatever, that may come to them by purchase, gift, or bequest, or in any other way whatever, or to hold the same in perpetuity, or for a term of years: Provided, That the property, real or personal of said corporation shall not, at any time exceed thirty thousand dollars on a just valuation.

Sec. 2. There shall at all times be nine trustees of said college. Number of. The term of office of three of said trustees shall expire on the first Term of of Wednesday of January, 1846, the term of office of three more of

Trustees.

office.

them on the first Wednesday of January, 1847, and three on the first Wednesday of January, 1848, as shall be determined by lot among themselves, within thirty days from and after the passage of

this act; at the expiration of the regular term of office of any of the said trustees, or their successors in office, others shall be elected in their stead, and in case any of said trustees or their successors should refuse to act, resign, die, or remove out of the state, the remainder of the trustees or a majority of them shall have power toele ct others in their stead, and that the said trustees or a majority of them shall have power and authority to make, alter or amend any by-laws for their own government, or regulation, that they may deem proper and necessary, which are not repugnant to the laws of this state or the United States, and have full power and authority to carry the same into effect.

Sec. 3. The trustees of the said college shall have a common seal, which they may alter or renew at pleasure, have power to appoint or remove their professors or teachers, and to make such rules and regulations therefor as they or a majority of them may think proper and expedient, and the said trustees shall have power to make such rules and regulations for the admission or dismission of students, as they may deem necessary.

Seal.

Persons not

Sec. 4. No person shall be excluded from any privilege, immunity or situation in said college on account of his religious opinions: Pro- excluded on vided, That he demean himself in a sober, peaceable and orderly manner, and conform to the rules and regulations thereof.

account of religion.

count.

Sec. 5. The said trustees shall keep an accurate account of all their proceedings in regard to the property granted as aforesaid, and To keep acof all moneys or valuables received or expended, and of all contracted to be received or expended for the benefit of said college, which whenever so required, they shall lay before the legislature for their information.

Sec. 6. The trustees of said college shall be jointly and severally Liable. liable for all judgments obtained against the corporation: Provided, That no execution shall issue against the individual property of said trustees until the property of the corporation shall first have been exhausted.

Sec. 7. The legislature shall have power at any time to alter, amend or repeal this act.

Approved, March 19, 1845.

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