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[ No. 199. ]

AN ACT for the relief of David A. Wright and James M. Tefft.

Oakland au

grant divor

case of in

Section 1. Be it enacted by the Senate and House of Represen- c. court of tatives of the State of Michigan, That the circuit court for the thorized to county of Oakland, shall have power to decree a divorce from the ces in cert'n bonds of matrimony in the case of David A. Wright, a citizen of sansity. this state and a resident of the county of Oakland, under the provisions of chapter eighty-four of the revised statutes of eighteen hundred and forty-six, whenever it shall be made to appear to said court, that Mary D. Wright, the wife of the said David A. Wright, since her marriage, has become incurably and hopelessly insane.

Petitioner to

amount of

&

ble maintenanee there

Sec. 2. The petition, or bill of divorce exhibited on the part of the said David A. Wright, to the said circuit court, under the provisions set forth of this act, shall set forth the full amount and value of his property, property a both real and personal, and proof shall be made thereon before the ward suitamaster to whom the same may be referred; and the court the upon from to his final hearing of the said cause may make such order and decree wife. concerning the future support and maintenance of the said Mary D., as shall seem just and equitable, and decree a divorce from the said bonds of matrimony, providing it shall be made to appear that the said Mary D. has been insane for the last eight consecutive years immediately preceding such application.

C. 4ourt to

authorized

vorce in cer

tain case of

Sec. 3. The circuit court for the county of St. Joseph is hereby authorized to grant a divorce from the bonds of matrimony, to of St. Joseph James M. Tefft, from his wife Sally Tefft, under the provisions of to grant dichapter eighty-four of the revised statutes of eighteen hundred and forty-six: Provided, It shall be made to appear satisfactorily to said court, that said Sally Teilt has been for the term of five years next preceding the time of filing the petition or bill, and still is, hopelessly and incurably insane.

insanity.

Petitioner

amount of

and court to

Sec. 4. The bill or petition filed under the provisions of the preceding section shall set forth the full amount and value of the prop- to set forth erty, real and personal, of the petitioner, and he shall make proof his property thereof before the master to whom the same may be referred, and award the court, upon the final hearing of the cause, may make such or- ance of wife der and decrec concerning the future support and maintenance of the said Sally Tefft, as shall seem just and equitable.

mainten

therefrom.

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

its passage.

Approved March 31, 1849.

[No. 200.]

Township boards to

raise money

AN ACT to authorize township boards to raise money in certain cases to defray township expenses.

Section 1. Be it enacted by the Senate and House of Representa tives of the State of Michigan, That whenever the qualified electfor town ors of any township, at the annual township meeting shall neglect when wn- or refuse to vote such sum or sums of money as may be necessary

purposes

ship meeti'g have neglec

sed to do so. to defray the ordinary township expenses, the township board of any such township is hereby authorized, at any regular meeting, to vote such sum or sums as may be necessary for that purpose, not exceeding such amounts as are or may be limited by law.

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

its passage.

Approved March 31, 1849.

West boun

[No. 201. ]

AN ACT to amend an act entitled "an act to incorporate the village of Tecumseh."

Section 1. Be it enacted by the Senate and House of Represen lage of Te- tatives of the State of Michigan, That the western limits of said vil

dary of vil

cumsch al

tored.

lage be so altered as to exclude from the village the east half of
the north west quarter of section thirty-three, in town five south, of
range four east; also the west half of the south east quarter of sec-
tion twenty-eight, in town five south of range four east; also,
blocks one, two, three and four of William H. Hoag's addition to the
village of Tecumseh.

Sec. 7. This act shall be in force from and after its passage.
Approved March 31, 1849.

[ No. 202. ]

AN ACT to authorize Mary Ann Miller to convey certain real es

tate.

M. A. Miller

to convey

Section 1. Be it enacted by the Senate and House of Representa tives of the State of Michigan, That Mary Ann Miller of the town. authorized ship of Atlas in the county of Genesee, be and she is hereby author. real estate. ized to sell and convey certain lands contracted for, during the life time of her husband, in the county of Genesee: Provided, It shall Proviso. be made to appear to the satisfaction of the judge of probate for the county aforesaid that the contract so made is a valid one, and' that said conveyance when made is just and legal.

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

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AN ACT to improve the navigation of the St. Joseph river, and to incorporate the Niles Hydraulic and Manufacturing Company. Section 1. Be it enacted by the Senate and House of Represen- Incorporatatives of the State of Michigan, That James L. Glen, R. C. Paine and Wm. H. McCourter, with such other persons as shall associate with them, shall be and they are hereby created a body politic and corporate, by the name of the "Niles hydraulic and manufacturing company."

Sec. 2. The capital stock of said company, shall be thirty thou- Capital, sand dollars in shares of twenty-five dollars each, which shall be considered personal property, and transferable according to the by. laws of the company.

Officers of

Sec. 3. The business and concerns of said company shall be managed by five directors, one of whom shall be chosen president, company. and all shall be stockholders in said company; they shall be elected annually on the first Monday of May, by the stockholders in person or by proxy, and each share of stock shall be entitled to one vote, and vacancies in the direction may be filled for the remainder of the year by the residue of the directors.

Sec. 4. At least twenty days notice of the time and place of, Electio holding the election shall be given, by publication in one or more thereof.

notice

Books of subscription

bution of

stock.

papers printed in Niles. The voting shall be by ballot and the persons named in the first section of this act shall be the inspectors of the first election, and after that, the directors in office, or a majority of them.

Sec. 5. The persons named in the first section of this act shall, afanter twenty days notice given by publication in one or more papers printed in Niles, proceed to open books for subscription to the capital stock of said company, and shall continue them open for three days, or until the whole amount is subscribed, and shall immediately thereafter proceed to apportion said stock among the subscribers, giving to each subscriber for five shares or less, the full amount of his subscription, provided this does not exceed the whole number of shares, in which case the stock shall be divided pro rata, but every subscriber shall be allotted at least one share.

Instalments

power of directors.

Sec. 6. The directors of said company shall have power to call on on stock and the subscribers for payment of their stock in such instalments as they may deem necessary; to sue for and collect such subscriptions or to declare the stock and all previous payments forfeit for non payment of instalments at their option. They shall have power to choose such officers to manage and superintend their business, as in their opinion may be for the interest of the company, and to enact by-laws for the better protection and management of the affairs of the company, all of which shall be binding on the stockholders. Sec. 7. In case of failure to hold the annual election at the time mentioned in section three, it may be held at any subsequent time elect officers by giving notice as required, without any forfeiture of the privileges of the company, and the directors in office shall hold over until their successors are appointed.

Proceedings in case of failure to

at annual

meeting.

Co. to erect

tain a cer

tain dam on

St. Joseph

river.

Sec. 8. The corporation hereby created is required within two and main years from the passage of this act, to improve the navigation of St. Joseph river at or near the village of Niles, by the erection and maintenance of a dam in said river and by a canal and lock, to be located at such place near said village as the directors may deem proper, and to be so created and constructed as to make a passage for boats and other craft navigating said river, either by canal and lock, or slack water navigation, or both, over "Niles riffle," "Salt riffle" and "Grand dad riffle," and at all times to keep said dam, canal and lock in a condition to pass, without un

necessary delay, all such boats and other craft, free of expense to the owners thereof. It shall be the duty of the owners of said dam at all times to keep said lock in repair and to pass any water craft through the said lock free of toll and without unnecessary delay; and any person who shall be so detained, shall be entitled to recover of the said owners the damages which he shall prove he has sustained by such detention, before any court of competent jurisdiction, with the costs of suit.

of company.

Sec. 9. The corporation shall have power to purchase, take and Real estate hold by gift, grant or otherwise, a sufficient quantity of real estate not exceeding ten thousand dollars in cost, as may be deemed necessary for the convenient and necessary use of the water power created by the erection of said dam, and may sell, lease or otherwise dispose of the water, or may, at their option, employ the whole in manufacturing purposes for the benefit of the corporation; and the whole of the water power so created, and the right to use the same, shall forever be vested in and become the property of the company.

where lands

flowed by

Sec. 10. The said directors shall have power to contract with Proceedings the owner or owners of any land which may be flowed by rea- of others are son of the erection of said dam, and to pay such owner or own- company. ers the damages they may sustain by reason thereof, and in case of disagreement between the directors and any such owners of lands, the said damages shall be ascertained as follows: the parties shall each choose some disinterested person, who shall be a freeholder, and the persons so chosen, shall select a third, who shall also be a freeholder, who shall be sworn fairly and impartially to appraise the If a majority of the appraisers cannot agree, or if any person shall neglect or refuse to join in such appointment within twenty days after requisition made upon him for such purpose, or if the owner of the land shall be a married woman, under age, insane or out of the state, or if the appraisers chosen as aforesaid, or a majority of them, shall not within twenty days after receiving notice of their appointment, file a report of their estimate with the clerk of the county, then, and in either of these cases, either of the parties may apply to the county court of said county.

same.

Sec. 11. On such application, the said court shall award a venire, Jury of indirected to the sheriff, requiring him to summon a jury of twelve damages.

quest of

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