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Act repealed.

purchase of premiums, the diffusion of valuable agricultural, manufacturing and mechanical knowledge, or in such other way as shall in the opinion of the board be calculated to promote and encourage the important objects above specified.

Sec. 4. The act entitled "an act for the encouragement of agriculture," approved March second, eighteen hundred and forty-four, is hereby repealed.

Sec. 5. Any citizen of any county in which a society of the kind above named is or shall be organized, shall have a right to become a member thereof by complying with the rules and regulations of said society.

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

Approved March 16, 1849.

[No. 97. ]

Detroit Y.

AN ACT to authorize the Detroit Young Men's Society to contract a certain loan.

Section 1. Be it enacted by the Senate and House of RepresenM. Society tatives of the State of Michigan, That the Detroit young men's to contracta society be, and it is hereby authorized and empowered to con

authorized

loan.

tract a loan for the use of said society, not exceeding ten thousand dollars, and at a rate of interest not exceeding ten per centum; which shall be payable within twenty years: Provided, That a majority of the members of said society at a general meeting of said society, duly called by notice in one of the papers published in the city of Detroit, shall by a vote authorize such loan to be made: And provided further, That the money so to be borrowed shall be appropri be appropriated to the purposes of erecting and furnishing a building for the uses of said 'society or adding to its library, and to no other purposes whatever.

How loan to

May issue

&c.

Sec. 2. In effecting such loan, said society may issue bonds, loan bonde, under its corporate seal, and signed by its president and secretary, to the amount of said loan, bearing interest at a rate not exceeding the rate hereinbefore prescribed, and redeemable at any time within said twenty years; and the said president and secretary may attach to said bonds, coupons for the interest that may from time to time fall due thereon.

Sec. 3. This act shall take effect and be in force from and after

its passage.

Approved March 16, 1849.

[ No. 98. ]

AN ACT to incorporate the Lapeer and Port Huron Plank Road

Company.

Port Huron

incorporat'd

Section 1. Be it enacted by the Senate and House of Represen- Lapeer and tatives of the State of Michigan, That Jonathan R. White, Loren- plank road zo M. Mason, Samuel Rogers, Noah H. Hart and James W. Sanborn, be and they are hereby appointed commissioners, under the direction of a majority of whom subscriptions may be received to the capital stock of the Lapeer and Port Huron plank road company, and the subscribers thereto, with such other persons as shall associate with them for that purpose, their successors and assigns, shall be and they are hereby created a body corporate and politic by the name and style of the Lapeer and Port Huron plank road company, with corporate succession.

Sec. 2. Said company hereby created shall have power to lay Route of ro'd out, establish and construct a plank road, and all necessary buildings, from the village of Lapeer, in the county of Lapeer, to the village of Port Huron, in the county of St. Clair, with the right of uniting said road at any point with the plank road of any other

company.

Sec. 3. The capital stock of said company shall be one hundred Capit'l sto'k thousand dollars, in four thousand shares of seventy-five dollars

each.,

charter.

Amendment

and repeal of

Sec. 4 This act shall be and remain in force for the term of six- Duration of ty years from and after its passage, but the legislature may, at any time, alter, amend or repeal this act by a vote of two-thirds of each branch thereof, but such alteration, amendment or repeal shall not be made within thirty years of the passage of this act, unless it shall be made to appear to the legislature, that there has been a vi- charter. olation by the company of some of the provisions of this act: Provided, That after said thirty years, no alteration or reduction of the tolls of said company shall be made during its existence, unless the yearly nett profits of said company, over and above all expen

General provisions.

ses, shall exceed ten per cent. on the capital stock invested, provided there be no violation of the charter of said company.

Sec. 5. The provisions of un act entitled an act relative to plank roads, approved March thirteenth, eighteen hundred and forty-eight, shall be and are made a part of this act.

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

Approved March 16, 1849.

Act amended.

Time for receiving sub

[ No. 99. ]

AN ACT to amend an act entitled "an act to incorporate the Kalamazoo and Three Rivers Plank Road Company, and for other purposes."

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That section one of an act entitled "an act to incorporate the Kalamazoo and Three Rivers plank road company," approved March seventeenth, eighteen hundred and forty-eight, be and the same is hereby amended by striking out in said section the names of "Daniel L. Kimberly, D. S. Walbridge and Hiram Arnold," and inserting in the place thereof the names of "William R. Watson, David B. Webster and Israel Kellogg."

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Sec. 2. Within twelve months after the passage of this act, the criptions to commissioners last named aforesaid, with Evert B. Dyckman and ex.end'd, &c Edward S. Moore, named in the act to which this act is amendato

capital sto'k

ry, or a majority of them, shall proceed to estimate the length of the proposed road, and cause books to be opened for the subscription of stock in such company, according to the provisions of an act entitled "an act relative to plank roads," approved March thirteenth, eighteen hundred and forty-eight, and the proceedings shall be as valid as if had within the six months contemplated by the provisions of the act last aforesaid.

Sec. 3. All acts and parts of acts contravening the provisions of this act, are hereby repealed.

Approved March 16, 1849.

[No. 100.]

AN ACT to change the name of the village of Groveland, in the county of Jackson, to that of Parma.

village of

changed to

Parma.

Section 1. Be it enacted by the Senate and House of Represen- Name of the tatives of the State of Michigan, That the name of the village of Groveland Groveland, in the county of Jackson, be and the same is hereby changed to that of Parma, and by that name it shall hereafter be known and designated.

Sec. 2. This act shall take effect and be in force from and after

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AN ACT to amend chapter ninety-three of the revised statutes of eighteen hundred and forty-six in relation to appeals.

Secs. 141,

142, 143, 144

and 145 of chap. 93 R.

& new secs.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That section one hundred and forty-one, one hundred and forty-two, one hundred and forty-three, s. repealed, one hundred and forty-four and one hundred and forty-five of chap- substituted. ter ninety-three of the revised statutes of eighteen hundred and forty-six, be and the same are hereby repealed, and the following inserted in lieu of said sections, to stand as sections one hundred and

forty-one and one hundred and forty-two:

"Sec. 141. The party appealing under the provisions of the pre- New section ceding section, shall within five days after the rendition of the judgment, present to such justice an affidavit made by himself, his agent or attorney, stating that such judgment is not in accordance with the just rights of the party so appealing, as the person making such affidavit verily believes, and shall also set forth specifically the grounds of his objection to, or complaint of the proceedings before and the decisions by the justice."

"Sec. 142. The justice in addition to the particulars required by section one hundred and fifty-two of this chapter, shall make a full and complete return as to all matters stated and set forth in such affidavit and shall also return copies of all process, returns, pleadings and affidavits, upon which any process issued, and so much of the evidence and proceedings as may be necessary fully to exhibit

New section

Secs. 159 &

160 chap. 93

the questions, motions and decisions made and presented in such cause."

Sec. 2. Sections one hundred and fifty-nine, one hundred and sixty, B.S. repeal- one hundred and sixty-one and one hundred and sixty-two of said

ed and new

tuted.

secs, substi- chapter ninety-three are hereby repealed, and the following substi New section tuted in lieu thereof:

"Sec. 159. In all cases of appeal brought into the county court, if the appeal be not dismissed and there be an issue of law made in the cause, it shall be tried by the court: if an issue of fact, it shall, on demand of either party, be tried by a jury; but if no jury be deNew section manded by either party, the issue shall be tried by the court."

New section

"Sec. 160. If the return of the justice to the appeal be made and filed six days before the first day of the next succeeding term of said county court, either party may notice the cause for trial.”

"Sec. 161. Such notice shall be in writing and shall be served at least seven days before the first day of the term at which such New section trial shall be intended to be had."

Waters of
Grand river

"Sec. 162. Such notice of trial may be served personally upon the opposite party or his attorney, if either are to be found within the county, and if not, then a copy may be left at the last place of residence of such party, and if he be not a resident of such county and have no attorney therein, then by posting up the notice in some conspicuous place in the office of the county clerk.

Sec. 3. This act shall take effect from and after its passage.
Approved March 16, 1849.

[No. 102.]

AN ACT to provide for improving Grand river, in the township of Lansing, as a public highway.

Section 1. Be it enacted by the Senate and House of Represen

in the town- tatives of the State of Michigan, That if the owner or owners of

ship of Lan

sing may be

be used for any mill site in the township of Lansing, county of Ingham, on hydraulic which the legislature has heretofore granted authority to construct

purposes on

certain con

ditious. a dam across Grand river, shall improve part of said river as a public highway, by erecting and maintaining a dam and lock suitable for the passage of boats, the inside dimensions of which lock shall be eighty feet long and eighteen feet wide, with three feet depth of water, for the free use of the citizens of the United States, and shall

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