omitted to be done by him, in his capacity of toll gatherer, and goods and chattels of the defendant to satisfy such judgment cannot be found, it shall be paid by the Corporation whose officer he shall be; and if on demand payment be refused by the Corporation, the amount of such judgment, with costs, may be recovered of such Corporation. be posted. (1923.) SEC. 43. It shall be the duty of the Directors of List of Rates to every such Company to affix and keep up at or over each gate, where it can be conveniently read, a printed list of the rates of toll demanded at such gate. before passing (1924.) SEC. 44. Each toll gatherer may detain and prevent Persons to pay from passing through his gate, all persons, riding, leading or Gate. driving animals or carriages subject to toll, until they shall have paid respectively the tolls authorized by law. keeping Road in (1925.) SEC. 45. Any such Corporation shall be liable for all Damages for not damages that may be sustained by any person or persons, to Repair, etc. themselves or property, in consequence of neglect or omission to keep such road in good condition or repair; and if such Company shall continue to take toll for passing over that portion of their road which may be out of repair, so as to make the passage of teams or vehicles inconvenient or dangerous, for six days at any one time, they shall pay therefor a penalty of fifty dollars, which may be sued for and recovered by the Prosecuting Attorney of the county in which such portion of their road may be situated, on complaint on oath of any person, to be paid when collected to the Treasurer of such county, for the benefit of township libraries in such county: Orovided, Proviso. That the counties of the Upper Peninsula be excepted from the provisions of this section. ing Road. (1926.) SEC. 46. If any person shall willfully obstruct, break, Penalty for Injur injure or destroy any road constructed under the provisions of this act, or any work, building, fixtures or toll gates attached to, or in use upon the same, belonging to said Company, such person so offending shall, for every such offence, be deemed guilty of a misdemeanor, and shall be punished by fine not exceeding five hundred dollars, or by imprisonment in the county jail not more than one year. lently using Road. (1927.) SEC. 47. Any person who shall forcibly or fraudu- Fine for fraudu lently pass any toll gate erected on such road in pursuance of 21 Barbour, 212. this act, without having paid the legal toll, and any person who, to avoid the payment of legal toll, shall, with his carriage or horse, or other vehicle or animal subject to toll, turn out of such road or pass any gate thereon on any ground adjacant Corporation, how dissolved. Affairs subject to Legislative examination. Amendment or thereto, and enter again on such road, shall, for each offence, be liable to a fine not exceeding ten dollars, to be sued for and recovered by such Company. (1928.) SEC. 48. Every Company incorporated under this act shall cease to be a body corporate: First. If within two years from the filing of their articles of Association, they shall not have commenced the construction of their road, and actually expended thercon at least ten per cent. of the capital stock of such Company; and, Second. If, within ten years from such filing of the articles of Association, such road shall not be completed according to the provisions of this act. (7) (1929.) SEC. 49. All Companies formed under this act, shall at all times be subject to visitation and examination by the Legislature, or a Committee appointed by either House thereof, or by any agent or officer, in pursuance of law; and the Courts of this State shall have the same jurisdiction over such Corporation and their officers, as over those created by special acts. Act subject to (1930.) SEC. 50. The Legislature may at any time alter, Repeal. amend, or repeal this act; but such alteration or amendment shall not operate as an alteration or amendment of the corporate rights of Companies formed under it, unless especially named in the act so altering or amending this act; and the Legislature may annul or repeal any Corporation formed or created under this act; but such alteration, amendment, annulling or repealing, shall not, nor shall the dissolution of any such Company, take away or impair any remedy given for or against any such Corporation, its stockholders or officers, for any liability which shall have been previously incurred. organized may Act. Corporations now (1931.) SEC. 51. Any Plank Road Company heretofore for under this incorporated, may be formed into a Corporation under this act, by a vote of the stockholders, at any legal meeting thereof, by filing with the Secretary of State a certificate of the Directors of such Company, verified by the oath of such Directors, setting forth all the matters required in this [the] certificate provided for in the first and second sections of this act, and subject to the conditions mentioned in section three of this act; such certificate shall also set forth the amount of (r) Sec Sec. 4 of the Act of February 12, 1855, following. capital stock subscribed, the amount paid in, the amount thereof expended on its road, and the length of road constructed, if any. But no such existing Corporation wishing to organize under this act, shall be required to open books of subscription to its capital stock, if, under its former act of incorporation, its stock to the amount of at least two hundred dollars per mile of its road shall have been in good faith subscribed, and five per cent. paid thereon; and every such Company which shall so organize under this act, shall remain liable for all the debts, contracts and obligations, and shall preserve all the property, rights of property, and contracts to which it was liable, and to which it would have been entitled under its original act of incorporation; but in all other respects, such organization under this act shall operate as a surrender of its former act of incorporation. SEC. 52. This act shall take effect immediately. An Act Relative to Plank Road Companies. [Approved February 12, 1855. Laws of 1855, p. 272.] Highway in Re cases. (1932.) SECTION 1. The People of the State of Michigan enact, Company to keep That in all cases where any Plank Road Company has or may pair in certain at any time hereafter, become authorized or permitted to enter upon, take or use any public highway or street, on the route of its Plank Road, and to construct its Plank Road thereon, or to use and maintain the same for a Plank Road, and do actually take possession of said road or street, by laying down sections or portions of plank, and delivering plank upon such road or street, such Company shall, at all times, so far as the formation of the soil and season of the year will permit, keep in good order and condition so much of said road as it shall not have planked, until it shall have planked the same; and if any Forfeiture for Company shall neglect to keep such highway or street in such neglect. order and condition, it shall be deemed to have abandoned and forfeited the right to enter upon, take or use such public highway or street, as to so much as shall not be planked. If (1933.) SEC. 2. Every Plank Road Company shall cause to Plank Road not be laid down and kept closely together, and in an even manner, not to take Toll. so that the surface shall be uniform, the plank upon its road; and in case of default, it shall forfeit the right to receive any toll upon such road. When Company may collect Toll. When Company shall cease to be (1934.) SEC. 3. Every Plank Road Company shall have the right to receive tolls at any time after it shall have constructed two continuous miles of the road. (1935.) SEC. 4. Every Plank Road Company shall cease to a body Corporate. be a body corporate, if within three years, or if hereafter organized, then if within three years from the date of its organization, it shall not have commenced the construction of its road, and actually expended thereon at least ten per cent. of the capital stock. Sec. 19 and part of Sec. 17 of Act No. 62 of 1848, repealed. (1936.) SEC. 5. Section nineteen (and so much of section seventeen as requires the construction of five miles of road before collecting tolls) of the act entitled, "An Act relative to Plank Roads," approved March 13, 1848, are hereby repealed. This act shall take effect in thirty days. Corporation, how formed. An Act to Provide for the Formation of Companies for Running. Driving, Booming and Rafting [Approved February 9, 1855. Laws of 1855, p. 55.] (1937.) SECTION 1. The People of the State of Michigan enact, That any number of persons, not less than five, may be formed into a Corporation for the purpose of running, driving, boom ing and rafting logs, timber and lumber, on any of the streams or waters within this State, by complying with the following requirements: Notice shall be given in at least one newspaper printed in the county, or in some one of the counties in which said stream or waters may be, and if there be no newspaper printed in such county or counties, then such notice shall be printed in some newspaper of some adjoining county, having circulation in said county or counties, of the time and place where all persons desirous of forming such Company may meet and subscribe articles of Association, and elect Directors of such Company; in which articles of Association shall be set Articles of Asso forth the name of the Company, the number of years the same is to be continued, which shall not exceed thirty years from the date of said articles, the number and names of the Directors, who shall manage the concerns of the Company for the first year, and shall hold their offices until others are elected; the stream or waters upon which the business of said Company is intended to be done, and the place within this State where the business office of said Company shall be kept. ciation. subscribed, and (1938.) SEC. 2. Each subscriber to such articles of Associa- Articles to be tion shall subscribe thereto his name and place of residence. filed with Secre The said articles of Association may be filed in the office of the tary of State. Secretary of State, and thereupon the persons who have so subscribed, and all persons who shall from time to time associate with them, shall be a body corporate, by the name specified in such articles, and as such, shall be capable of suing and being sued in all Courts, and in all manner of actions, and may have a common seal, and be capable of purchasing and acquiring, by gift, grant, lease, or otherwise, and holding any lands, tenements or hereditaments, necessary to be used in the prosecution of said business, or for the erection of offices, houses, or other buildings, necessary and proper for carrying on the business of said Corporation. A copy of any articles of Association, filed in pursuance of this section, with a copy of an affidavit made by at least two of the Directors named therein, Certified copy t setting forth that all prior proceedings of said Association had been in strict conformity with all the provisions of this act, endorsed thereon or annexed thereto, and certified by the Secretary of State to be a true copy of the whole of such articles of Association and of such affidavit, shall be, in all Courts and places, presumptive evidence of the incorporation of such Company, and the facts therein stated. (1939.) SEC. 3. The business and property of such Company be evidence. |