such book. Such books shall be presumptive evidence of the facts therein stated, in favor of the plaintiff, in any suit or proceeding against such company, or against any one or more stockhold

Penalty for neg- ers. lect of duty by

Every officer or agent of any such company who shall officers or agents fail or neglect to make any proper entry in any such book, or shall neglect or refuse to exhibit the same, or allow the same to be inspected, and extracts to be taken therefrom, as provided by this section, shall be deemed guilty of a misdemeanor; and the company shall forfeit and pay to the party injured, a penalty of fifty dollars for every such neglect or refusal, or for neglecting to keep such books open for inspection as aforesaid.

Duty of owner

or association in

of dispatches.

(2638.) SEC. 14. It shall be the duty of the owner or association the transmission Owning any telegraph line doing business within this State, to receive dispatches from and for other telegraph lines and associations, and from and for any individual; and on payment of their usual charges for individuals for transmitting dispatches, as estabtished by the rules and regulations of such telegraph line, to transmit the same with impartiality and good faith, under the penalty of one hundred dollars for every neglect or refusal so to do, to be recovered, with costs of suit, in the name and for the benefit of the person or persons sending or desiring to send such dispatch.

Ibid.

15 Mich. 525.

Proviso.

Penalty for di

vulging the na

tents of private communica

tions.

(2639.) SEC. 15. It shall likewise be the duty of every such owner or association to transmit all dispatches in the order in which they are received, under the like penalty of one hundred dollars, to be recovered, with costs of suit, by the person or persons whose dispatch is postponed out of its order as herein prescribed; Provided however, That arrangements may be made with the proprietors or publishers of newspapers, for the transmission for the purpose of publication of intelligence of general and public interest, out of its regular order.

(2640.) SEC. 16. Any person connected with any telegraph comture of the con- pany in this State, or connected with any such company transacting business in this State, either as clerk, operator, messenger, or in any other capacity, who shall willfully or negligently divulge the contents or the nature of the contents of any private communication intrusted for transmission or delivery to the agent, clerk, operator, messenger, or other person in the employ of such company, or who shall willfully refuse or neglect to transmit or deliver the same, shall, on conviction before any court, be adjudged guilty of a misdemeanor, and shall suffer imprisonment in the county jail where such conviction shall be had, for a term not exeeeding six . months, or shall pay a fine not exceeding five hundred dollars, in

the discretion of the court; and such company shall be liable to the party aggrieved for all damages sustained thereby.

for taxes.

Treasurer in

(2641.) SEC. 17. The State shall have a lien upon any line con- Lien of the State structed under this act, and its appurtenances, and for all taxes which may accrue thereon to the State, by virtue of the provisions of this act, which shall have precedence of all other liens; and in case the tax or any part thereof shall remain unpaid at the time herein before provided for its payment, then the State Treasurer Duty of State shall have power, and it is hereby made his duty, to advertise such case of non-payline for sale for the amount of such tax remaining unpaid, in some newspaper published in the city of Detroit, by giving three weeks' previous notice, and to sell the same accordingly for the amount of tax and interest and charges of sale: Provided, The same shall not Proviso. be paid before the time of sale; and the surplus money, if any, shall be paid to the owner or owners of such line.

ment of tax.

alter, amend, or

(2642.) SEC. 18. The Legislature may at any time alter, amend, Legislature may or repeal this act; and any such alteration or amendment shall act repeal this act. as an alteration or amendment of the corporate rights of all companies formed, created, organized, or at any time doing business under its provisions; or they may annul or repeal any corporation formed under this act; but such alteration, amendment, annulling, Proviso. or repeal 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 right acquired or liability which shall have been previously incurred

SEC. 19. This act shall take effect immediately.

in one or more

(2643.) SEC. 20. When any person owning or occupying lands Appraisement of damages lying in or extending into one or more counties, shall desire to where lands lie have the damages occasioned by the passing or extension of said counties. lines over or through the said lands appraised, the circuit court for any county in which any part of the said lands may lie shall have power to appoint commissioners, as provided in section six, to appraise the damages to such person upon all the lands so owned or occupied by him, whether they lie in the county where the said court is held or not, provided they are contiguous to each other.1 (2644.) SEC. 21. Whenever any person shall apply to any circuit Ibid. court for the appointment of commissioners to appraise the damages to any lands owned or occupied by him, under the provisions of this act, and it shall appear to said court that such person owns or occupies other lands contiguous thereto, whether in the county where said court is held or otherwise, it shall be the duty of said

1 Added by Act 240 of the Laws of 1863, p. 421, approved March 20, 1863.

circuit court to authorize and require said commissioners to appraise the damages to such applicant upon all [the] contiguous lands of such person, in whatever county they may lie, unless said association shall otherwise consent in writing.'

CHAPTER LXXXI.

BRIDGE COMPANIES.

How and upon what conditions bridge companies may be organized.

Certificate of

An Act to authorize the incorporation of bridge companies.

[Approved April 4, 1851. Laws of 1851, p. 85.]

(2645.) SECTION 1. The People of the State of Michigan enact, That any number of persons may associate for the purpose of constructing a bridge over any stream, not less than three hundred feet across, upon such terms and conditions and subject to the liabilities prescribed in this act, and to take and receive such amount of toll for the passage of persons, teams, vehicles, and animals across such bridge, as the board of supervisors in the county or counties in which such bridge is situated may prescribe, as hereinafter provided.

(2646.) SEC. 2. Such persons, under their hands and seals, shall what to specify. make a certificate, which shall specify

organization,

First. The name assumed to distinguish such company, and to be used in its dealings, and by which it may sue and be sued;

Second. The place where and the stream over which such bridge is to be constructed;

Third. A description of the bridge proposed to be constructed; Fourth. A statement of the amount of capital stock of such company, and the number of shares into which the capital stock shall be divided;

1 Added by Act 240 of the Laws of 1863, p. 421, approved March 20, 1863.

Fifth. The names and places of residence of the shareholders, and the number of shares held by each of them, respectively;

Sixth. The term of its existence, not to exceed thirty years; which certificate shall be proved or acknowledged, as deeds are required to be acknowledged, and recorded in the office of the clerk of the county where such bridge is to be constructed, and a copy Where to be thereof filed in the office of the Secretary of State.

filed.

incorporated.

(2647.) SEC. 3. Upon complying with the provisions of the last Company to be preceding section, such company shall be and is hereby declared to be a body corporate, by the name designated in said certificate, and a copy of said certificate duly certified by the clerk of the Copy of certificounty where the same is filed and recorded, or by the Secretary dence. of State, may be used as evidence in all courts and places, for and against any such company.

cate to be evi

pany.

(2648.) SEC. 4. Such company shall have power to purchase, Powers of comreceive, hold, and convey such real estate, and such only, as may be necessary for the erection of such bridge and the necessary tollhouses, and for effectually carrying on the operations of such association, and may appoint such directors, officers, and agent, and make such prudential rules, regulations, and by-laws as may be necessary in the transaction of their business, not inconsistent with the laws of this State or of the United States.

of supervisors

before construc

bridge.

(2649.) SEC. 5. No company formed or created under this act Assent of board shall construct any bridge across any stream until they shall have to be obtained obtained the assent of the board of supervisors of the county in tion of any which the same is to be constructed; and if such proposed bridge is to be constructed partly in two counties, the assent of the board of supervisors in each county shall be first obtained as shall be provided by law.

fix rates of toll.

(2650.) SEC. 6. The board of supervisors of the county in Supervisors to which [any] such bridge is to be constructed, shall, at the time of granting such assent to the construction of such bridge, or previous to any toll being taken for passing the same, fix and establish the rates of toll to be paid for passing such bridge; and if such bridge shall be situated in more than one county, the board of supervisors of each county shall, at the request of the directors of such company, and at the expense of the company, meet on some day to be agreed upon, at the site of such bridge, and shall act as one board, and may appoint their own clerk and chairman, in determining such rates of toll; and in either case such rates of toll shall be certified by such board, and a printed copy of such certificate shall be at all times kept up in some conspicuous place

fixed ten years.

Minimum of tolls.

Penalty on com- on such bridge, and if such company, or any gate-keeper in their pany for taking illegal toll. employ, shall at any time take or receive any greater sum for toll than shall have been so fixed, such company shall be liable to a penalty of ten dollars for every such offense, with costs of suit, to be recovered by the person aggrieved. And after said tolls Tolls to remain shall have been so fixed, they shall remain fixed for the term of ten years, when they may be again fixed by the supervisors as aforesaid. But such toll shall not at any time be reduced so that the sum shall amount to less than fifteen per cent a year upon the Not to be taken cost of the bridge. If any such bridge should at any time be out of repair, so as to render the passage of teams and vehicles dangerous [or] inconvenient, no tolls shall be taken or received for passing over the same, till the same shall be repaired and put in good order. For every violation of this provision, the company shall forfeit and pay to the party aggrieved a penalty of ten dollars for such violation, together with all damages that may be sustained by reason of such bridge not being kept in repair.

if bridge is out of repair.

Penalty for so doing.

Penalty for intentional injury to bridge.

Individual liability of stockholders.

Corporation to make annual

report.

(2651.) SEC. 7. Any person who shall unlawfully or intentionally injure or destroy any bridge, piers, or abutments, or the materials, appurtenances, or property belonging thereto, shall, on conviction. thereof, be deemed guilty of a misdemeanor, and be punished by a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding one year, or both, at the discretion of the court before which conviction shall be had.

(2652.) SEC. 8. The stockholders of every company organized in pursuance of this act, shall be jointly and severally personally liable for the payment of all debts and demands against such association, which shall be contracted, or which shall be or shall become due during the time of their holding such stock, for any labor or services done or performed for such company; but no stockholder shall be proceeded against for the collection of any debt or demand against such company, until judgment thereon shall have been obtained against the association and an execution on such judgment shall have been returned unsatisfied in whole or in part, or unless such association shall be dissolved.

(2653.) SEC. 9. Every such corporation shall, annually, within ten days from the first of January, make a report, which shall state the amount of capital and the amount actually paid in, the investment of any portion of the earnings of such company in its business, and the whole amount of money which has at any time been borrowed, and then remaining unpaid; and the amount of tolls received for passing such bridge for the year then last past;