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books to be

to the corporation to declare in what manner and under what restrictions the shares of their capital stock shall be transferrable. They shall also keep a set of corporate books open atall times to any or all of Corporate the stockholders, in which shall be entered the cost of the construction kept of said road, fixtures, and also the expenditures of said company, and also all moneys by them received, and an accurate account of the same duly authenticated by the oath or affirmation of the officers of said company shall be submitted to the legislature whenever the same shall be required; and the said directors shall make semi-annual dividends on the first Tuesdays of May and November in each year to each and every individual stockholder of his portion of the semi-annual profits after deducting the expenses of collecting the tolls, repairing said road, and the fixtures thereto appended, and generally, may do all further acts necessary to carry into full force and effect the object of this incorporation.

Dividends.

Not to pre

ling.

Sec. 13. The said company in taking possession of any road for the purpose of improving the same or making improvements thereon shall make no obstruction or difficulties to prevent or impede the vent travelpassage of travellers, teams, carriages or vehicles of any description while such improvements are going on, except such as are necessary and unavoidable, and no unnecessary delay shall occur in the progress and completion of said road.

Sec. 14. The commissioners named in the first section of this act shall appoint one of their number to preside at the fist election for directors; at all subsequent elections the president shall preside, or in his absence the senior director present shall preside.

Sec. 15. A majority of the directors shall at all imes constitute a quorum to transact business,and the acts of the majority shall at all times bind the stockholders.

President.

Quorum.

When said

Sec. 16. Said corporation is hereby required to commence said work within one year, and to complete the same within ten years; work to he and said company shall have no rights or privileges to such parts of said road as shall not be completed in said ten years.

commenced.

Individually

Sec. 17. The stockholders of said company shall be held individually responsible for all liabilities or evidences of debt whatever, liable. against said company; and the refusal or failure of the president and directors to surrender property on execution issued, or judgment ren

dered against said company, the property of individual stockholders may be seized and sold on said execution in the same manner as if the said execution had issued against either of the said stockholders individually; and said liability shall continue until a transfer of stock is regularly entered upon the books of said company, and publication of the same be made four successive weeks in some newspaper printed in Macomb and St. Clair counties.

Sec. 18. It shall be the duty of the president and directors before Duty of president and commencing the construction of said road, to make out and publish in directors. some newspaper printed in Macomb or St. Clair counties, a list of all the names of the stockholders, with the amount of stock held by each, and such publication shall be renewed on the first week in May and November in each year.

Approved, March 24, 1845.

No. 69.

AN ACT to amend an act relative to Common or Primary Schools, approved March 8, 1843.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Michigan, That the first sub-division of section Amendment twenty-eight of an act relative to common or primary schools, ap. proved March 8, 1843, be amended by striking out in the fifth and sixth lines of said sub-division, the words "which are situate more than two miles from the school house site," an insert the following: "Unless some portion of a legal sub-division of said lands shall lie within two miles of the school house site." Section thirty-seven of said act is also amended, by striking out the word "age" in the fifth line, and inserting the words "their several attainments."

Whem distrct may

raise money.

Sec. 2. Whenever any school district shall be so large as to con. tain more than one hundred scholars, between the ages of four and eighteen years, the district may raise a sum of money from the taxable property of said district, for leasing or purchasing a site, and building a school house, not to exceed in amount, in any one year, four dollars for each scholar: Provided, That in no case shall such school house be connected with any other building: And provi

ded further, That a majority of two-thirds of the constitutional voters, (according to article two, section one of the constution,) voting at a school district meeting called for that purpose, shall vote for said

tax.

sch. inspec

Sec. 3. The board of school inspectors shall have power to appoint Power of annually a librarian, whose duty it shall be to take charge of the tors. township library, and shall perform all the duties of librarian, that were required to be performed by the township clerk, under the provisions of an act to which this act is amendatory, and shall be subject to the same fines and penalties, for the non-performance of such duties. Said librarian shall receive such annual compensation as the township board shall audit and allow.

Sec. 4. So much of the ninth division of the forty-second section of the act above referred to as conflicts with the preceding section is hereby repealed.

Sec. 5. This act shall take effect and be in force from and after

its passage.

Approved March 24, 1845.

No. 70.

AN ACT to authorize the Board of Supervisors of the
County of Hillsdale to build a Jail.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the board of supervisors of supervisors the county of Hillsdale, if a majority of them shall so direct, are

hereby authorized and empowered to cause to be erected in the vil lage of Hillsdale, in said county, a jail, the cost of which shall not exceed the sum of four thousand dollars.

Sec. 2. The said board of supervisors for the purposes of this act are hereby authorized and empowered to draw their warrants on the treasurer of said county to the amount of four thousand dollars in the usual form, in sums of not less than one hundred dollars each, with interest at the rate of seven per cent per annum, payable in not less than three nor more than seven years from the date of said orders. Sec. 3. If the said board of supervisors shall draw their warrants on the treasurer of said county as provided in the second section of

Warrants

on treasur

er.

Tax may be levied.

Tax.

this act, they are authorized and required to levy a tax on the taxable property of said county as a part of the contingent expenses thereof, sufficient to pay the interest on the warrants they shall so draw for the purpose of building said jail, and the treasurer of said county is hereby directed to pay the interest on all such warrants presented at his office for payment, at any time after the second Monday in February, in each year, out of the monies levied and collected for that purpose.

Sec. 4. The board of supervisors of said county shall cause a sufficient sum of money to be raised by tax on the taxable property of said county to pay and discharge the warrants drawn under this act, as fast as the same shall become due: Provided, The sum to be raised in any one year shall not exceed the sum of two mills upon one dollar of valuation of property.

Sec. 5. This act shall take effect and be in force from and after the first Monday in April next.

Approved March 24, 1845.

Appeal, when u

ken.

No. 71.

AN ACT to amend an act entitled "An act to prescribe the powers and duties of Justices of the Peace in civil proceedings," approved April 9, 1841.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That any party to a judgment rendered by any justice of the peace in this state, conceiving himself injured or aggrieved by the rendition of such judgment, may appeal therefrom to the circuit court of the county in which the same was so rendered in the following cases: First, where final judgment was rendered upon an issue of law joined between the parties; second, where final judgment was rendered upon an issue of fact joined between the parties; third, where the defendant did not appear and plead, and final judgment was rendered for the plaintiff upon the merits of his claim.

Sec. 2. No party against whom a judgment has been rendered by a justice of the peace, upon any claim arising upon contract, express or implied, shall appeal therefrom to the circuit court, unless such party, his agent or attorney, shall within five days after the rendition

of such judgment, make and present to such justice an affidavit alleg-made. ing therein that the party recovering such judgment, had recovered therein at least five dollars more than was justly and honestly due such party. And no party in whose favor a judgment has been ren. dered by a justice of the peace upon any claim arising upon contract, express or implied, shall appeal therefrom to the circuit court, unless such party, his agent or attorney, shall within five days after the rendition of such judgment make and present to such justice an affidavit alleging therein that such judgment was not rendered for as much by at least eight dollars as was justly and honestly due such party.

Affidavit.

Sec. 3. No party against whom a judgment has been rendered by a justice of the peace in any action other than those arising upon contract, express or implied shall appeal therefrom to the circuit court unless such party, his agent or attorney, shall, within five days after the rendition of such judgment make and present to such justice an affidavit alleging therein that such judgment was at least eight dollars more than it ought to have been rendered for under the evidence in the case, according to the knowledge and belief of the person so ma king such affidavit, and no party in whose favor a judgment has been rendered by a justice of the peace in any action other than those arising upon contract, express or implied, shall appeal therefrom to the circuit court, unless such party, his agent or attorney, shall within five days after the rendition of such judgment make and present to such justice an affidavit, alleging therein, that such judgment is not as much, by at least ten dollars us it ought to have been rendered for under the evidence in the case, according to the knowledge and belief of the person so making such affidavit: Provided, That either party conceiving himself injured and aggrieved may appeal from a judg ment rendered by a justice of the peace in an action of replevin to the circuit court, by presenting such justice within five days after the Replevin. rendition of such judgment, an affidavit made by himself, his agent, or attorney, in which it is alleged that such judgment is not in accor dance with the legal and just rights of such party so appealing, as the person making such affidavit, verily believes, and otherwise complying with the requisition of this act as hereinafter provided.

Sec. 4. If any party shall appeal from a judgment rendered by ȧ

to

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