CHAPTER XLII. THE SUPPORT AND REGULATION OF MILLS. Chapter one hundred and thirty-two of Revised Statutes of 1846. or be repaired, etc., by part of own ers at expense be of all. 11 Mass. 825. prietors, how (1642.) SECTION 1. When any mill which is owned by several When mill may persons as joint tenants or tenants in common, or the dam appurtenances of such mill, shall need to be repaired or to rebuilt, in whole or in part, and the proprietors shall not all agree to join in repairing or rebuilding the same, the greater part in 4 Mass. 559. interest of the proprietors may cause the work to be done at the expense of the whole, in proportion to their respective interests. (1643.) SEC. 2. Any one or more of the proprietors may, in such Meeting of procase, call a meeting of the whole of them, to be held at the mill, called. to consult and agree upon the measures to be taken for repairing or rebuilding the same, which meeting shall be called by a written notice, signed by the person who called it, and addressed to each of the other proprietors, expressing that the mill in question needs to be repaired or rebuilt, and that a meeting of the proprietors thereof will be held at the mill, or at some place in the county where the mill is situated, on a certain day and hour mentioned in the notice, to consult and agree upon the measures to be taken for that purpose, and requesting the attendance of the proprietors at such meeting. served, and how (1644.) SEC. 3. The notice may be served by any constable or Notice, by whom other disinterested person, and the certificate of such constable, returned. indorsed on a copy of the notice, or the affidavit of such other person, annexed thereto, specifying the several persons, if more than one, on whom he served it, and the time and manner of the service on each, shall be deemed sufficient evidence thereof. Not usurious if interest does not authorized by this State. rate of interest in such place may be less than in this State; and such notes, bonds, bills, drafts, or other securities, shall not be regarded or held to be usurious, nor shall any securities taken for the same, or upon such loans, be invalidated in consequence of the rate of interest of the State, kingdom, or country, where the paper is made payable, being less than in this State, nor of any usury or penal law therein. (1639.) SEC. 2. No plea of usury, nor defense founded upon an exceed the rates allegation of usury, shall be sustained in any court in this State, nor shall any security be held invalid on an allegation of usury, where the rate of interest reserved, discounted, or taken, does not exceed that allowed by the laws of this State, in consequence of such security being payable in a State, kingdom, or country where such rate of interest is not allowed. Parties loaning money may take ence to law of place where payable. (1640.) SEC. 3. It shall be lawful for all parties loaning money interest author in this State, to take, reserve, or discount interest upon any note, ized by this state bond, bill, draft, acceptance, or other commercial paper, mortgage or other security, at any rate authorized by the laws of this State, whether such paper or securities, for principal or interest, be payable in this State, or in any other State, kingdom, or country, without regard to the laws of any other State, kingdom, or country; and all such notes, bonds, bills, drafts, or acceptances, or other commercial paper, mortgages or other security, shall be held valid in this State, whether the parties to the same reside in this State or elsewhere. Interest on loans payable in other ed by the laws thereof. (1641.) SEC. 4. When any contract or loan shall be made in this States not affect State, or between citizens of this State and any other State or country, bearing interest at any rate which was or shall be lawful according to any law of the State of Michigan, it shall and may be lawful to make the amount of principal and interest of such contract or loan payable in any other State or territory of the United States, or in England; and in all such cases, such contract or loan shall be deemed and considered as governed by the laws of the State of Michigan, and shall not be affected by the laws of the State or country where the same shall be made payable; and no contract or loan which may have heretofore been made or entered into in this State, or between citizens of this State and of any other country, bearing interest at a rate which was legal according to the laws of this State at the time when the same was made or entered into, shall be invalidated or in any wise impaired or affected by reason of the same having been made payable in any other State or country. CHAPTER XLII. THE SUPPORT AND REGULATION OF MILLS. Chapter one hundred and thirty-two of Revised Statutes of 1846. or be repaired, etc., by part of own ers at expense be of all. 11 Mass. 825. prietors, how (1642.) SECTION 1. When any mill which is owned by several When mill may persons as joint tenants or tenants in common, or the dam appurtenances of such mill, shall need to be repaired or to rebuilt, in whole or in part, and the proprietors shall not all agree to join in repairing or rebuilding the same, the greater part in 4 Mass. 559. interest of the proprietors may cause the work to be done at the expense of the whole, in proportion to their respective interests. (1643.) SEC. 2. Any one or more of the proprietors may, in such Meeting of procase, call a meeting of the whole of them, to be held at the mill, called. to consult and agree upon the measures to be taken for repairing or rebuilding the same, which meeting shall be called by a written notice, signed by the person who called it, and addressed to each of the other proprietors, expressing that the mill in question needs to be repaired or rebuilt, and that a meeting of the proprietors thereof will be held at the mill, or at some place in the county where the mill is situated, on a certain day and hour mentioned in the notice, to consult and agree upon the measures to be taken for that purpose, and requesting the attendance of the proprietors at such meeting. served, and how (1644.) SEC. 3. The notice may be served by any constable or Notice, by whom other disinterested person, and the certificate of such constable, returned. indorsed on a copy of the notice, or the affidavit of such other person, annexed thereto, specifying the several persons, if more than one, on whom he served it, and the time and manner of the service on each, shall be deemed sufficient evidence thereof. How notice to be served. Majority in interest may take pair, etc. (1645.) SEC. 4. The notice shall be served by delivering the original to the person to whom it is addressed, or by leaving such notice at his dwelling-house, or at his last and usual place of abode, not more than thirty days nor less than seven days before the day appointed for the meeting. (1646.) SEC. 5. At the meeting so called, or at any adjournment measures to re- thereof, the greater part in interest of the whole body of the proprietors of the mill may take measures to cause the mill, or the dam, or appurtenances thereof, to be repaired or rebuilt, as they shall judge most for the interest of all who are concerned therein. (1647.) SEC. 6. Every proprietor of the mill shall pay his just portionate share and equal part of the charge and expense of such repair or rebuilding, in proportion to his share of interest in the mill, which sum shall be paid on demand, after the work is completed, to the proprietors by whom it shall have been advanced, with interest from the time of the advance. Each proprietor to pay his pro of expenses. Proprietors advancing money, to have lien on rents and profits, suit. (1648.) SEC. 7. The proprietors who shall advance the money so expended, shall have a lien therefor on the rents and profits of or may maintain the mill, and may retain so much thereof as belongs to any proprietor who is indebted to them for such advance, to be applied to the payment of his debt, or they may maintain a suit for such debt, or for as much thereof as shall not be paid out of the rents and profits. Guardians to act for minors. etc. When husband to act for his wife. Apportionment of expense, in case of tenant for life. (1649.) SEC. 8. When any proprietor is under guardianship, as a minor or otherwise, his guardian may act for him in calling a meeting of the proprietors, or in attending such a meeting, and may vote for the ward, and may do all such other acts in the premises as the ward could do if competent to act for himself; all which shall be binding on the ward and on his estate. (1650.) SEC. 9. When any part of the mill is held by a married woman, her husband may in like manner represent her, and appear and act for her at such meeting, and his doings shall have the same effect as if they had been done by her before their intermarriage. (1651.) SEC. 10. When any part of the mill is held by any person as tenant for life or years, with remainder or reversion to another person, the sum due for repairs and other expenses on that part of the mill shall be apportioned on the tenant for life or years, and on the remainder-man, or reversioner, in proportion to their respective interests in the premises, or as shall be equitable and just; and the party to whom the money shall be due from such remainder-man, or reversioner, shall have a lien on the rents and far liable. profits belonging to him after his estate shall come into possession, if not sooner paid, notwithstanding any limitation by lapse of time. (1652.) SEC. 11. Every mortgagee in possession shall be consid- Mortgagee in possession, and ered as a proprietor, for all the purposes of this chapter, but the mortgagor, how mortgagor shall also be liable for all sums so due on account of his share of the mill, so far as the same are not recovered of the mortgagee, provided the action therefor is brought against the mortgagor before his right of redemption is foreclosed; and all sums paid by the mortgagee on such account, shall be considered and allowed between him and the mortgagor as so much added to the mortgage. (1653.) SEC. 12. All sums due from one proprietor to another, for How moneys admoneys advanced under the provisions of this chapter, may be collected. Y be. recovered in an action of assumpsit; and when two or more proprietors are so indebted, the creditor or creditors may maintain a bill in chancery against any two or more of them, in which suit the court shall determine what amount is due from each of the debtors severally, and shall award execution against each of them accordingly, and shall apportion the amount so recovered among the complainants in such suit, if more than one, according to their respective rights. vanced may (1654.) SEC. 13. Nothing in this chapter shall make void, or in contracts between proprieany way affect, any contract or agreement between the proprietors tors not affected of any mill, as to the repair or rebuilding thereof. by this chapter. scales, etc., and flour, etc.; for feiture for neg lect or refusal. (1655.) SEC. 14. Every miller occupying and using a grist-mill Miller to make shall be provided with scales and weights, or a vibrating steelyard, weigh grain, to weigh corn, grain, flour, and meal, delivered at and taken from the mill, if required; and if he shall neglect to keep himself so provided, or shall refuse so to weigh corn, grain, flour, or meal, when required by any person delivering or taking away the same, he shall forfeit, for each neglect or refusal, not less than one dollar nor more than five dollars. 8 Mich. 55. (1656.) SEC. 15. The toll for grinding and bolting any wheat, Rates of toll. rye, or other grain, shall not exceed one-tenth part thereof; for grinding, and not bolting, any wheat, rye, or other grain, except Indian corn, the toll shall not exceed one-twelfth part thereof; and for grinding, and not bolting, Indian corn, the toll shall not exceed one-tenth part thereof. grind grain in (1657.) SEC. 16. The owner or occupier of any grist-mill shall owner, etc., to well and sufficiently grind the grain brought to his mill for that due time, and be purpose, in due time, and in the order in which it shall be received, safe delivery. accountable for |