may levy assessments on the shares of its stock, and forfeit and sell the same for non-payment of any such assessment, in such manner as said company by its by-laws may prescribe: Provided, That one of the said directors shall, at all times be a citizen and resident of this state, upon whom service of all process against said company may be made, and such service shall be deemed a valid service as against the said Albion Mining Company.

Sec. 4. The said company shall pay to the Treasurer of the state state tax. of Michigan an annual tax at the rate of one per cent. on the whole amount of capital actually paid in upon the capital stock of said company, and also upon all sums of money borrowed by said company, which tax shall be in lieu of the state tax upon the real estate, and of all taxes upon the personal estate of said company, and shall be paid on the first day of July in each year, and shall be estimated upon the last preceding report of said company; and for that purpose the president and secretary of said company shall, on the first day of January in Annual reeach year, or within fifteen days previous thereto, make under their hands a return to the State Treasurer, verified by their several oaths, stating the amount which has actually been paid in on the capital stock of said company, and also, the whole amount of money which at any time has been borrowed by said company, and any investment of any portion of the nett profits of said company in the business of said company, shall be considered as so much capital paid in, and returned to the State Treasurer accordingly.

Sec. 5. The legislature may at any time, alter, amend or repeal this act for any violation of the provisions of this charter; and it shall not be lawful for said company to use their fands or any part thereof in any banking transaction, in brokerage or exchange, in dealing in money or bank notes, or in the purchase of any stock of any bank, or in the purchase of any public stock whatever, or for any other purposes than those herein particularly specified.

Sec. 6. The first meeting of said company shall be held at such time and place as the persons named in the first section, or a majority of them shall appoint by a notice to be published in one or more newspapers in each of the cities of Detroit and New York, at least thirty days before the time of such meeting.

Sec. 7. Said company shall be subject to the provisions of chapter

port.

Repeal, &c.

1st meeting.

visions.

General pro- fifty-five of the revised statutes of eighteen hundred and forty-six, so far as the same are applicable and not inconsistent with the provisions of this act.

Lien of inhabitants.

Duration of charter.

Sec. 8. Any inhabitant or laborer, and citizen, who may have been in the actual employment of said company within this state, shall have a lien upon the stock, appurtenances and entire property of said company for all claims and demands not exceeding one hundred dollars each against said company, originally contracted or incurred within this state, which shall take precedence of all other claims or demands, judgments or decrees, liens or mortgages against said company. Sec. 9. This act shall take effect from and after its passage, shall continue for thirty years thereafter.

Approved March 27, 1848.

and

No. 117.

Revised stat

ed.

AN ACT to amend chapter ninety and section one hundred and thirty-four of the revised statutes.

Section 1. Be it enacted by the Senate and House of Representautes amend lives of the State of Michigan, That whenever it shall be made to appear to the court that it will be manifestly for the interest and advantage of any infant or infants that any incumbrance upon the real estate of such infants should be purchased and discharged, in whole or in part, the court may authorize the guardian of such infants to purchase and discharge the same, and if necessary, to sell and dispose of such part of the real estate of such infants as may be necessary for that purpose: Provided, Such purchase and discharge shall in no way be construed as vesting in said guardian any right, title or interest in such premises, to the prejudice of such infants.

Sec. 2. This act shall take effect from and after its passage.
Approved March 27, 1848.

No. 118.

AN ACT to amend an act to provide for the recording of town plats and for vacating the same in certain cases, approved April 19, eighteen hundred and thirty-nine.

ed.

Section 1. Be it enacted by the Senate and House of Representa- Act amend tives of the State of Michigan, That section one of an act to provide for the recording of town plats and for vacating the same in certain cases, approved April 19th, eighteen hundred and thirty-nine, be so amended that it shall read as follows:

"Be it enacted by the Senate and House of Representatives of the state of Michigan, That whenever any lands shall be hereafter laid out within this state as a town or village, or as an addition to any town, village or city, the proprietors of such lands shall cause a true map or plat thereof to be recorded in the office of the register of the county where the same lies before any lot or lots therein be offered for sale; and if any person or persons shall sell any lot or lots laid out as aforesaid, before the same be recorded as aforesaid such person or persons shall forfeit and pay the sum of fifty dollars for every lot so sold ; and that in all cases wherein any lands have been heretofore laid out as a town or village, or as additions to any town, village or city, and the proprietor or proprietors thereof have sold any lot or lots therein, and shall, after the term of nine month from the passage of this act neglect or refuse to have the same duly acknowledged and recorded according to the provisions of the act to which this is amendatory, such person or persons shall forfeit and pay a sum not less than fifty dollars, nor exceeding two hundred dollars, in the discretion of the court, for each and every year of such neglect or refusal."

Sec. 2. That the three last lines of section eight of said act be stricken out, and the following added thereto:

"They shall be paid over to the plaintiff prosecuting for the same; and in case no individual prosecutes for the same, it shall be the duty of the prosecuting attorneys of the respective counties, in all cases of the failure of the proprietor or proprietors' of any lands laid out as aforesaid, to comply with the provisions of this act, to prosecute such proprietors on behalf of their respective counties for the penalties herein prescribed."

Ibid.

Ibid.

Sec. 3. That an additional section be added to said act as follows: "Sec. 9. That in all cases where plats of any town or village, or additions to any town or village are now filed in the registers office of the respective counties, and such plats have been so filed by the proprietor or proprietors, their agent or attorney, and the same have not been duly acknowledged and recorded as provided by the act to which this is amendatory, it shall be the duty of the county register in which the lands so laid out are situated, to record the same as provided in said act, and when so recorded the said plat shall be as valid and effectual for the purposes of the assessment, collection and return of taxes, and of the sale of said lands which may be delinquent in the payment thereof as though the same had been duly acknowledged and recorded according to the provisions of the act to which this is amendatory, and the said registers shall receive for the services rendered under the provisions of this act such sums as the boards of supervisors of their respective counties shall deem reasonable, to be paid from the treasurer of the county.

Approved March 27, 1848.

Certain non

resident

No. 119.

AN ACT for the improvement of the Bellevue and Waterloo state road, in the county of Eaton.

Section 1. Be it enacted by the Senate and House of Representahighway tax lives of the State of Michigan, That, for the purpose of improving so es appropri ated. much of the Bellevue and Waterloo state road as lies within the townships of Kalamo and Carmel, there is hereby appropriated all the nonresident highway taxes of the year A. D. eighteen hundred and fortyseven, as shall remain unexpended on the first day of May next, and for four years next thereafter, for the distance of two miles from the centre of that portion of said road so to be improved on the east side thereof, and for the distance of one mile from the centre of said portion of said road on the west side thereof: Provided, Nothing herein contained shall in any manner interfere with the operation of any law heretofore passed for the improvement of the Clinton road, or the Marshall and Ionia state road.

E. D. Lacy,

Sec. 2. For the purpose of carrying into effect the provisions of special com. this act, Edward D. Lacy is hereby appointed a special commissioner,

missioner.

be

who shall be governed by the same laws, as far as the same may applicable, in expending all moneys that may be subject to his control by the provisions of this act, as are now or may hereafter be in operation for the government of township highway commissioners.

Sec. 3. It shall be the duty of said special commissioner, before entering upon the duties of his office, to take and subscribe an oath to faithfully perform the duties herein assigned him, and file the same in the office of the county clerk of his county, and deliver to the county treasurer of Eaton county a bond in the penal sum of one thousand dollars, with two good and sufficient sureties, to be by him approved, conditioned for the faithful performance of all the duties imposed upon him by virtue of this act; and in default thereof, it shall be the duty of said county treasurer to prosecute the same in the same manner as bonds are prosecuted against county officers.

Sec. 4. It shall be the duty of said special commissioner, on or before the first day of May next, to make out a list of all non-resident lands coming under the provisions of this act, and deliver the same to the county treasurer, who shall thereupon open an account with the Bellevue and Waterloo state road fund, and credit to said fund all moneys then in his hands, or which may hereafter be paid into his office as non-resident highway taxes upon any of the lands described in said list, and charge said fund all moneys which may be drawn from said fund by said special commissioner.

Sec. 5. It shall be the duty of said special commissioner, in payment for any labor performed or materials furnished, in the improvement of said road, to issue his certificate to any person who may be entitled to the same, certifying the facts as they exist in the case, and draw his warrant thereon (for the amount due such person or persons,) upon the Bellevue and Waterloo state road fund, and it shall be the duty of the county treasurer to pay the same out of any moneys to the credit of said fund, and charge the same as provided in section four of this act.

Sec. 6. This act shall take effect and be in force from and after its passage.

Approved March 27, 1948.

Duties of com'r.

lb.

Ib.