Page images

Power of

Directors to said company, five directors shall be chosen annually, on the first

Monday of June, or at such time and place as shall be designated by the directors, and if any vacancy shall occur by death, resignation or otherwise, of any of the officers or directors during the term for which the same were elected, such vacancy for the remainder of the term may be filled by a majority of the directors; and the directors of said company shall hold their office until others are chosen and qualified, and after the first election, as provided in section seven of this act, thirty days’ public notice shall be given of all meetings of the company, prior to the holding thereof.

Sec. 9. The said president and directors, or a majority of them,

shall have power to appoint, contract with and determine the compresident &

pensation of such officers, engineers, agents and servants whatsoever, as they may deem necessary for the transaction of the business of the company, and remove them at pleasure; also the manner and evidence of the transfers of the stock in the said company; and they shall have power to pass all the by-laws necessary for carrying into execution all the power vested in the company hereby incorporated: Prorided, Such by-laws shall not be contrary to the constitution or laws of the United States or of this state.

Sec. 10. The president and directors may agree with the owner with owners or owners of any land, or for any materials or articles whatsoever

which may be wanted in the construction, repairs or use of said road or any of its works, for the purchase and occupancy of the


May Agree

of land.


Penalty for Sec. 11. If any person shall wilfully and maliciously remove wilful injury

any stake, alter, deface, or injure in any manner, any bench, stake, post or fixture set up by any engineer or superintendent in the employ of said company, or by any means obstruct, injure, impair or destroy any part of the road constructed by said company under this act, or of any necessary works, building or machinery of said company, such person so offending shall be liable to indictment, and on conviction shall be punishrd by fine not exceeding five hundred dollars, and imprisonment not exceeding one year, or either in teh discretion of the court.

Sec. 12. Said company shall commence the construction of said road as soon as is practicable, and shall complete the same within two years from the date of the passage of this act.

Sec. 13. Said company shall not be entitled to any damages on account of any improvement made byr under authority of this state, that may render its stock less valuable.

Sec. 14. The stockholders of saię company shall be porsonally Liability. liable at all times for the debts of said fömpany, to the extent of the interest of any stockholder in the stock of said company, after the property of the company has been exhausted.

Sec. 15. The rights and privileges herein granted shall not be exercised so as to infringe on or in any wise confliet with or impair the rights of any individual, nor shall the same be construed as conferring banking powers of any nature or form wlratsoever.

Sec. 16. The said company shall pay to the state an annual tax Aunual tax. of one-half of one per cent. upon its capital stock paid in, including all loans made by said company, for the purpose of constructing said plank road or railway, which tax shall be paid in the last week in January in each year, to the state treasurer, and the property and effects of said company, whether real, personal or mixed, shall in consideration thereof, be exempt from all and every tax, charge and exaction, by virtue of any law of this state, now or hereafter to be in force, except penalties by this act imposed.

Sec. 17. The state shall have a lien upon the rail road of said company, its appurtenances and stock thereon, for all penalties, taxes and dues which may accrue to the state from said company, which shall take precedence of all other debts or demands, judgments or decrees against said company; and any inhabitant of this state shall bave a lien upon said plank road or railway, stock and appurtenances, and upon the property of said company, for all dues or demands against said company to the amount of one hundred dollars or under, originally contracted within this state, which, after said state lien, shall take precedence of all other debts or demands, judgments or decrees, liens or mortgages, against said road or company.

Sec, 18. The legislature of this state may repeal, alter or amend this act, by a vote of two-thirds of each house.

Approved March 17, 1847.

State to

have lien upon road,

Office of acung com'r


6 heir offices, constitute a board of internal improvement,

[No. 76.] AN ACT to abolish the Office of Acting Commissioner of Inter

nal Improvements, and for other purposes.

Section 1. Be it enacted, 19. the Senate and House of Representaabolished. tives of the State of Michigia, "That the office of acting commissioner

of internal improvement be and the same is hereby abolished from

and after the twentieth day of April next. Who shall Sec. 2. The state treasurer, secretary of state and auditor geneboard of int. ral shall, from and after the said twentieth day of April next, by imp.

and sail bave all the powers, and perform all the duties prescribed by be performed by such board, or by the acting commissioner of internal improvement. They shall receive no extra com

pensation for such services,necessary travelling expenses excepted. Duty of ac. Sec. 3. It shall be the duty of the acting commissioner, on or ting com'r.

before the twentieth day of April next, as far as practicable for the best interests of the state, to dispose of all the personal property appertaining to the business of internal improvements of this state, except such books, papers, maps, profiles, leveling, surveying and mathematical instruments, or other personal property, as in the opinion of the board ought to be retained for the use of the state ; and all such books, papers or other property as shall remain, shall be by the acting commissioner, on or before the twentieth day of April next, delivered over to the board hereby constituted, to be by them preserved or otherwise disposed of, for the best interests of

the state. Duty of Sec. 4. It shall be the duty of said board to discharge all the imp. officers connected with, and to close up the business of this state

with internal improvements under existing provisions of law, except so far as it may be necessary to continue said business for the preservation of the Clinton and Kalamazoo Canal, its extension if required by future enactment, and for the proper management of such works of internal improvement as may hereafter become the property of the state, or may be directed by law.

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

Approved March 17, 1817.

board ot' int.


(No. 77.] AN ACT to provide for the collection of a Special Tax for the

improvement of the Territorial or Vistula Road, in the counties of 'Lena wee and Hillsdale.

Section 1. Be it enacted by the Senate and House of Representatires of the State of Michigan, That for the purpose of improving troll of taxes the territorial (now state) road, known as the Indiana and Vistula road, through the counties of Hillsdale and Lenawee, there shall be assessed, levied and collected, in township number nine, south of ranges one, two, three and four west, and ranges one and two east, or so much thereof as lies within one mile of the Ohio state line, in addition to all other taxes, the sum of five mills on the dollar valuation of said township.

Sec. 2. That said tax shall be assessed, levied and collected, in the same manner as other road taxes are assessed and collected, and the same may be discharged by labor upon said road, and the money raised by said tax shall be subject to the order of the commissioners.

Sec. 3. That Nathaniel S. Dewey, of the county of Hillsdale, and Special V. R. Paine, of the county of Lenawee, be, and they are hereby appoihted special commissioners, whose duty it shall be to superintend the expenditure of such sums of money as may from time to time be collected and received by them for the benefit and improvement of said road, and to direct and determine the manner in which said labor shall be applied. Sec. 4. That said commissioners may receive donations and sub

May receive scriptions for the benefit of said road, aud shall cause the same to donations, be faithfully applied to the improvement thereof, and may sue for and recover any or all subscriptions thereto, in their own names, or either of them.

Sec. 5. That said commissioners shall perform all the duties of overseers of highways, and be subject to the same penalties, and perform-dushall be entitled to receive for the time necessarily employed, the best of oversum of one dollar per day for their services as such commission ers

Sec. 6. That all moneys received for non-resident highway taxes, upon the lands lying within said above mentioned townships, shall Gedouroad be expended on said road, in addition to the special tax here



Comr's to



in provided, and that this act shall continue in force for the term of

four years.

Approved March 17, 1847.

(No. 78.] AN ACT to cede Jurisdiction to the United States over Lands to

be occupied as sites of Light Houses within this State.

Section 1. Be it enacted by the Senate and House of RepresentaJurisdiction tives of the State of Michigan, That jurisdiction is hereby ceded to ceded.,

the United States over so much land as may be necessary for the construction and maintainance of light houses within this state, not to exceed ten acres of land for each; the same to be selected by an authorized officer of the United States, approved by the Governor, and the boundaries of the land selected with such approval endorsed thereon, and a map thereof being filed in the office of the secretary of state of this state, and by him recorded : Provided, always, and the assent aforesaid is granted upon the express condition, that this state shall retain a concurrent jurisdiction with the United States in and over the several tracts aforesaid, so far as that all civil and such criminal processes as may issue under authority of this state against any person or persons charged with crimes committed without the bounds of said tract, may be executed therein in the same manner as though this assent had not been granted.

Sec. 2. That the foregoing shall be applicable only to such land For certain light houses as shall be selected and approved as aforesaid, and

a survey

thereof filed and recorded as above provided, for the construction of the following light houses, to wit: One at Monroe, one at Clinton river, one near Wangoshance, one at Point au Barques, one at the mouth of Saginaw Bay, one at Detour, where the river Sault Ste Marie empties into Lake Huron, one at White Fish Pointon Lake Superior, one at St. Josephs, and one at Copper Harbor or Fort Wilkins.

Approved March 17, 1847.

« PreviousContinue »