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the tax, the surplus shall be returned to said corporation, or to the person or persons entitled thereto, and the money received on said tax shall be forthwith paid over to the State Treasurer, and if said sheriff shall neglect or refuse to perform the duties enjoined by this act, he shall forfeit for the use of the state the amount of tax which he may be required to collect, as aforesaid, to be recovered by a civil action, in the name of the state, by the Attorney General of the state.

Sec, 14. The Auditor General shall audit and allow to said sheriff Compensafor the services required by this act, such sum as he shall deem just. .

Sec. 15. Nothing contained in section ten of this act shall be construed to prohibit the several townships of this state, in which said corporation may have taxable property, from levying and collecting the assessment upon said property, for county, township and village purposes.

Sec. 16. This act shall take effect and be in force from and after the first day of April next.

Approved March 22, 1845.

No. 68.

sioner ap

An Act to incorporate the St. Clair and Romeo Turn

pike Company Sec. 1. Be it enacted by the Senate and House of Reprsentatives of the State of Michigan, That Timothy Morse, Jarvis Hurd, Alfred CommisAshley, Aldis L. Rich, Neil Gray, junior, Asa hel Bailey and Tha-pointed. deus Hazleton, be, and they are hereby appointed commissioners under whom, or any two of whom, subscriptions may be received to the capital stock of the St. Clair and Romeo Turnpike Company, hereby incorporated, and they shall cause books to be opened in Mt. Clemons and Lenox for two successive days at least, at such times as a majority of them shall direct, for the purpose of receiving subscriptions to the capital stock of said company, first giving fifteen days notice of the time and place of receiving said subscriptions, by posting up notices thereof, at such places as a majority of them shall direct, or publishing the same in such papers as will give general notoriety of such books being opened, and the subscribers thereto, their succes

Politic.

sors and assignees for the period of thirty years after the passage of this act, be and the same are hereby ordained, constituted and declared to be a body politic and corporale, under the name and siyle of the “St. Clair and Romeo Turnpike company,” and by that name they and their successors for the period aforesaid, shall and may have succession, and shall be persons in law capable of sueing and being sued, pleading, and being impleaded, answering, and being answered unto, defending, and being defended in all courts and places whatsoever, and in all manner of actions, suits, complaints, matters and causes whatsoever, and that they and their successors may have and keep a common seal ; and they and their successors by the name aforesaid shall in law be capable of purchasing and holding any lands, tene

ments, hereditaments, and real and personal estates whatsoever : ProProviso. vided, The same shall be necessary for the construction, repairs and

preservation of said turnpike road, for ihe erection of toll gates and toll houses thereon: And Provided further, That the State of Mi. chigan reserves to herself the right always of purchasing said turnpike road by paying said company the amount of the original cost and subsequent repairs, with seven per cent per annum interest thereon, after deducting what may have been received for tolls, the amount

determined agreeable to the provisions hereinafter specified. Capital Sec. 2. The capital stock of suid company shall be one hundred

thousand dollars, to be dived into two thousand shares of fifiy dollars each, which shall be paid to said commissioners or the president and directors that succeed them, at such times and in such instalments as the by-laws of said commissioners or their successors shall require.

Sec. 3. When ten thousand dollars of said capital shall be Directors. subscribed, there shall be nine directors chosen by the stockholders,

one of whom they shall annually elect their president, who shall hold their offices severally, for one year, or until their successors be elected. The president and directors shall have general powers in transacting the business of said company, of settling and adjusting all claims, evidence of debt and liabilities which the by-laws of said company may authorize them to grant or incur, or which they may deem necessary to issue in prosecuting the construction and completion of said road. The first election shall be held at such time and place as said commissioners shall determine, by giving ten days pre

stock.

Election.

vious notice thereot, by publication in some newspaper ; at which
meeting each stockholder may vote either in person or by proxy, each
share being entitled to one voto. All elections thereafter shall take
place on the first day of May, notice thereof being given as aforesaid:
Provided, That this incorporation shall not be dissolved because the
annual election was not held at the time above mentioned.
Sec. 4. When the company has been organized agreeable to the

Organized. provisions of section three, they shall proceed to survey, mark and lay out such road, commencing at or near the village of Ashley, at such point as said company shall determine, in the county of St.Clair, thence westward through said county of St. Clair to the village of Romeo, in the county of Macomb; and the commissioners of highways in the several townships through which said road passes are hereby authorized to give, if they deem it expedient, the president and directors of said company full possession of any road or highway in their respective towrships on which said President and directors may choose to locate said rod upon the route which said road shall be located. Said company shall cause to be constructed a good and sufficient turnpike at least twenty feet wide from the inner side of one ditch to the other, which ditches shall be of sufficient depth and width, with under sluices and outlets sufficient to drain the water from said road. Sec. 5. When the president and directors shall have completed

Completion, said road or a portion thereof, it shall be lawful for them to give no- to give notice to the associate judges of the county in which said road shall be situated, who shall personally examine from time to time such portion of said road as may be completed, and if they find the same done according to the true intent and meaning of this act, they shall certify the same in writing to the clerk of said county where the road shall be situated, and direct him to issue a license under the seal of said county to permit said president and directors to make and erect as many gates upon and across said road as may be necessary and sufficient to collect the dues and tolls hereinafter granted to said corporation from all persons travelling upon or using the same : Provided, That they shall not have on said road more than one gate for taking whole toll in every ten miles, or one gate for taking half toll very five miles.

tice.

Rates of toll.

Lawful to

Sec. 6. As soon as any portion of said road shall be completed, and permission as aloresaid granted to erect a gate or gates across

the same, it shall be lawful for the president and directors to appoint Toll gather- toll gatherers to collect and receive from all and every person or per

sons using said road at said whole toll gate, or at each half toll gate in proportion, such toll and duties, to wit : For every score of swine or sheep, ten cents; for every wagon drawn by two horses, mules or oxen, twenty-five cents; for every additional horse, mule or ox, six and one-fourth cents; for every coach, pleasure wagon or carriage, thirty-seven and one-half cents; for every additional horse, ten cents; for every cart drawn by two oxen, fisteen cents ; for every additional yoke, ten cents; for every cart drawn by one horse, mule or ox, twelve and one-half cents; for all sleighs or sleds drawn by one or more horses, mules or oxen, half the toil for vehicles on wheels ; for every horse or mule rode, led or driven, twelve and one-half cents ; for every horse or mule and rider, ten cents ; for every head of neat catilo driven, two cents.

Sec. 7. It shall and may be lawful for any toll gatherer to stop detain per- and detain any person riding, leading, or driving any cattle, horses,

sheep, swine or any article named above in sec. 6, as subject 10 pay tpils, until the same be paid: Provided, That nothing in this section shall be so construed as to enable said corporation to demand or receive toll from any person at any gate passing to or from public worship, going to or returning from funerals, going to or returning from a grist mill for grinding grain for family use, from any militia men, or troops in the service of this State or the United States, or for the transportation of any property belonging to the United States, or to this State.

Sec. 8. The said corporation shall cause mile stones or posts to be mile stones. erected and maintained, one for every mile of said road from the com

mencement of said road; and if any person shall cut, injure or destroy said mile post, or said roud itself, or shall forcibly pass the gate without payment of toll, such person or persons shall individually for feit and pay for every such offence, twenty-five dollars, to be recover. ed by said incorporation in their incorporate name, and for their benefit, in an action of debt, before any justice of the peace in the counly where said offence may be committed, or where the offender may

sons.

To erect

be found ; such offender or offenders shall also be liable to said company for all damages which said company shall sustain by reason of the commission of any injury which said company or said road itself

may sustain.

travellers,

Sec. 9. That if any toll gatherer shall unreasonably detain or hinder any traveller or passenger at either of said gates, or shall demand or receive more toll than by this a ct is established, he shall for eve

Penalty for ry such offence forfeit and pay twenty-five dollars, to be recovered hindering by the person so unreasonably detained, or of whom such money was received or demanded, for his own use, with cost of suit before any justice of the peace in the county where such detension occurred :Provided, That if no goods and chattels of said toll gatherer be found to satisfy said judgment and costs, the personal property of said company shall be liable to execution issued on said judgment, and sold in the same manner as if execution had issued against said company in its corporate name.

Sec. 10. The shares of said company shall be held as personal Shares, property,

and

may be transferrable in such a manner as the president and directors shall direct.

Sec. 11. Whenever complaints shall be made to either of the associate judges mentioned in the fifth section of this act, in writing, that

Duty of asany part or parts of said road are out of repair, it shall be the duty judge. of said associate judge to give notice to the other, both of whom shall proceed to examine such part or parts of said road, and view the same and if the same shall in the view of said judges be out of repair, then the said judges shall give notice in writing or such deiect to the toll gatherer or person attending the gate nearest the place out of repair, and may also in their jiscretion in the said notice, order such gate or gates to be thrown open, and such gate or gates shall immediately after service of such notice as aforesaid, be open, and remain open, and Toll gatherno toll shall be demanded until said road shall be put in complete re

galo. pair; and if such keeper of the gate shall not immediately after the receipt of said notice open such gate or gates and keep the same open until rfter such repairs are completed, or shall hinder or detain any person or persons from passing said gates, or shall take or demand toll from any person or persons after receiving such notice, and until such repairs are completed as aforesaid, the toll gatherer or gate

sociato

er to open the

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