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keeper so detaining any person shall forfeit the sum of twenty-five dollars for each and every offence, to be recovered before any justice of the peace in an action of debt, in any town where said deten. sion occurs; and the property of said company shall be liable on said judgment, and the same may be taken on any execution issued thereon the same manner as if the same were isssued against said company in its corporate name; and the said judges as a compensation for the duties required of them to perform by virtue of this act, shall receive one dollar and fifty cents per day for their services every day they are emploved, to be paid by the toll gatherer nearest where the services are rendered, out of any monies collected at such places ; and in default of such payments by the toll gatherer, the stockholders shall be individually liable to said judges : Provided, that whenever it shall appear to said judges that such complaint is made without sufficient reason, and is done for the purpose of barrassing the president and directors of said company, or the stockholders thereof, the person or persons only so complaining, shall be responsible to said jud. ges for their fees aforesaid, and the same may be recovered in an action of debt brought before any justice of the peace in the town where either of said complainants live, or where either of them may be found.

Sec. 12. The president and directors shall have power, and it is hereby made their duty to appoint a treasurer who shall register in separate books all sums of money deposited with him, whether the same was received for subscriptions to capital stock, rolls collected, or any other source, and for what purpose, and to whom the same was paid out. They shall also appoint a secretary and such other clerks or agents as they may deem necessary to transact the business of the corporation, who s.all severally execute bonds in such sums as the company require for the fuithful performance of the duties of their respective offices, also meet from time to time at such places as they may consider expedient to receive subscriptions until the whole capital stock shall be taken, unless it shall be ascertained that a less sum will be sufficient to fulfill the object of this incorporation, to demand at such time and in such proportion as they shall see fit from the stockholders, the sum of money due on their respective shares, under pain of forfeiture of such shares, and all previous payments thereon

Power to appoint treasurer.

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10 the corporation to declare in what manner and under what restrictions the shares of their capital stuck 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 oi 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 di

Dividends. vidends on the first Tuesdays of May and November in each year lo each and every individual stockholder of his portion of the sem-annual profits after deducting the expenses of collecting the tolls, repairing said rond, 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.

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 travel

ling. passage 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 quorum to transact business,and the acts of the majority shall at all times bind the stockholders.

Sec. 16. Snid 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. Sec. 17. The stockholders of said company shall be held individu

Individually ally 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


When said


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

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, 1945.

No. 69.
An Act to amend an act relative to Common or Pri-

mary Schools, approved March 8, 1843.
Section 1. Be it enacted by the Senate and House of Representa.

tives 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,” ani insert the following: “Unless some portion of a legal sub-division of said lands shall lie with. in 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 "heir several attainments."

Sec. 2. Whenever any school district shall be so large as to con. Whem dis

tain more than one hundred scholars, between the ages of four and raise

eighteen years, the district may raise a sum of money from the taxa. ble 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

trct may


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. Sec. 3. The board of school inspectors shall have power to appoint Power of

sch. inspocannually 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 he in force from and alter

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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 Representa-
tives 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 village 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 Warrants 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

on treasurer.

Tar may be levied.

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 sha:l 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 las 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 Representa-
tives of the Stute of Michigan, That any party to a judgment ren-
dered by any justice of the peace in this state, conceiving himself in-
jured or aggrieved by the rerdition 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 ren-
dered upon an issue of law joined between the parties; second, where
final judgment was rendered upon an issue of fact joined belween 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

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