Quest age, non compos mentis, or out of the county in which the property wanted may be, application may be made to any justice of the peace of said county, who shall thereupon issue his warJury of in- rant directed to the sheriff of said county, or if the sheriff be interested, to some disinterested person, requiring him to summon twelve freeholders in the county, not interested nor in any way related to the parties, and if such persons cannot be found, from the county next adjoining, as may be designated by said justice above mentioned, to meet on or near the property or material to be valued, on a day named in said warrant, and not less than five nor more than ten days after the issuing of the same, and if at the said time and place, any of the persons summoned do not attend, the said sheriff or summoner shall immediately summon as many as may be necessary, with the persons in attendance as jurors, and from them each party, his, her or their agent or attorney, or if either of them be not present in person, or by agent, the sheriff or summoner for him, her or them, may strike off three jurors, and the remainder shall act as a jury of inquest of damages; and before they act as such the sheriff or summoner shall administer to each of them an oath or affirmation that they will justly and impartially value the damages Inquest to which the owner or owners shall sustain by the use and occupancy of the land, by the said company: Provided, nothing shall prevent the owner or owners of said land from giving to the said company the said land as a free gift by deed, for the use and benefit of said company; and the said jury shall reduce the said inquest to writing, and shall sign and seal the same, and it shall be sent to the clerk of the county, to be by him filed in his office, and shall be confirmed by the circuit court of said county, at its next session, if no sufficient cause to the contrary be shown; and when confirmed the same shall be enrolled by the said clerk at the expense of said company, and said confirmation shall be deemed final. be confirm ed by circuit Co. may dis sor power. Sec. 4. The said corporation shall have the privilege and be enpose of wa- titled to sell in fee, or lease or rent, for one or more years, any wa ter power created by any dam or lock erected at the expense of the company, to any person or persons, on such terms as shall be deemed advantageous to the corporation: Provided, That it may be so done that it shall not injure any person now in possession. When work to be com ...&c. Sec. 5. If said corporation shall not within five years from the passage of this act, commence the same by breaking ground, and shall not within ten years complete the same in such manner that said canal shall become navigable for boats, barges and other craft from Saginaw river to Grand river, or in other words, from lake Huron to lake Michigan, then the rights, privileges and powers of said corporation shall cease and become inoperative. and election rectors. Sec. 6. Whenever the whole capital stock of said company shall 1st meeting have been subscribed, the commissioners shall call a meeting of of first dithe stockholders or subscribers at such time and place as they may appoint, by giving thirty days notice of such meeting, in the manner prescribed in the first section of this act; and at such meeting shall lay the books of subscription before the subscribers then present, and thereupon the stockholders may elect seven directors by ballot, a majority of whom shall be competent to manage the af fairs of said company; and said directors are empowered to elect one of their number president, and on all occasions when a vote of the stockholders is to be taken, each and every share shall entitle the holder thereof to one vote, either by himself in person or proxy. lection of Sec. 7. There shall be chosen annually at such time and place Annual eas such directors may determine, a president and seven directors of officers. said company, and if any vacancies shall occur by death, resignation or otherwise, of any president or director before the year for which he was elected shall have expired, such vacancy for the remainder of the year may be filled by the directors of said coinpany or a majority of them. The president and directors shall hold their offices for one year, and until others are chosen and qualified to fill their places: All elections by this act, or by the by-laws of the company, to be made on any particular day, to be designated, and if not made on that day, may be made on any subsequent day, provided the notice contemplated in the first section, shall be given. Special Sec. 8. A general meeting of the stockholders of said company General shall be held annually, at the time and place appointed for the elec. meeting. tion of president and directors; a meeting may be called at any time during the interval between the said annual meeting, by the meetings. president and directors, or by the stockholders owning one-third of the stock, by giving thirty days notice of the time and place of meeting, in the manner hereinbefore prescribed, and when any such Annual statement of meeting is called by the stockholders, the particular object of such Sec. 9. At the regular meeting of the stockholders of said com directors. pany, it shall be the duty of the president and directors in office' for the preceding year, to exhibit a distinct and clear statement of the affairs of the said company; and at any meeting called of the stockholders, a majority of those present in person or by proxy, may require similar statements from the president and directors whose duty it shall be, to furnish them when thus required, and at all general meetings of the stockholders, owning a majority of all the stock in said company, may remove from office any president or directors of said company, and appoint others in their stead. Sec. 10. The said president and directors or a majority of thein shall have power to appoint, contract with, and determine the comdirectors. pensation of all 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, and the said president and directors or a majority of them, shall have power to Compensation of officers and powers of determine the manner and evidence of transfers of the stock of said 1 may take of land, &c. pensation tendered,&e Sec. 11 The president and directors of said company, or their Company agent or agents, or those with whom they may contract for the ex- possession cavating of said canal, building locks, and clearing out rivers to after comrender the canal navigable, or any part of them, may enter upon, therefor in use, excavate any land which may be wanted for the use of the canal, or any purpose which is necessary for the construction and repair of said canal, locks, dam, feeders, waste-weir, tow-paths or whatsoever they may deem necessary for the use and benefits of said company, as soon as the amount of compensation therefor is ascertained and tendered as herein before provided. neglect to &c. Sec. 12. If the president and directors of said company shall Penalty for neglect or refuse to keep in good order and repair, any dam erected repair canal at the time of building said canal, or shall neglect to remove any obstacle in the river, used by the company which is caused by any of the boats, rafts, navigating said canal, when the same is not prevented by ice, or some unavoidable cause, after ten days notice to the superintendent of the canal, they shall for every such offence pay to the party aggrieved, the sum of twenty dollars, to be recovered by action of debt, before any court having competent jurisdiction. on property Sec. 13. If any person or persons shall wilfully and knowingly Trespasses do any act or thing whereby the navigation shall be impeded, or of company. whereby any dam, lock, gate or tow-path, engine, machine or device therein belonging or any machinery or property of the company (or contractors who are constructing said canal.) shall be injured or damaged, he, she or they so offending, shall forfeit and pay to the company double the damages by them sustained, together with costs, to be recovered by an action of debt, before any court of competent jurisdiction. mill-owners Sec. 14. Nothing herein contained, shall be so construed as to Rights of authorize said company to destroy, or in any way impair any right reserved. or privilege of water on which a dam has been erected and which is occupied and improved by the erection of mills, and if it should be necessary to alter any dam so erected, or alter any lock or sluice thereon, to correspond with the improvement of said company and adapt the same to the purposes intended by this act, and such alteration is not assented to by the mill-owners who erected said dam, lock or sluice, the damages for any such alteration shall be first as Tolls. Dividends. Liability of stockhold'rs Atate may purchase caual. certained and tendered to such owners as herein provided, before Sec. 15. The president and directors and company, or such per- Sec. 17. The stockholders shall be individually liable for all debts contracted by the said company, after the corporate property of said company shall have been first exhausted. Sec. 18. It shall be lawful for the state of Michigan, at the expiration of the time granted by this company, to take possession of the canal and improvements made for the purposes before mentioned, and convert the same into state property, on the payment of the cost and investment and ten per cent. in addition thereto. Said corporation shall be subject to the provisions of chapter fifty-five, |