Politic.

Proviso.

Capital stock.

sors and assignees for the period of thirty years after the passage of this act, be and the same are hereby ordained, constituted and declared to be a body politic and corporate, under the name and style of the "St. Clair and Romeo Turnpike company," and by that name they and their successors for the period aforesaid, shall and may have succession, and shall be persons in law capable of sueing and being sued, pleading, and being impleaded, answering, and being answered unto, defending, and being defended in all courts and places whatsoever, and in all manner of actions, suits, complaints, matters and causes whatsoever, and that they and their successors may have and keep a common seal; and they and their successors by the name aforesaid shall in law be capable of purchasing and holding any lands, tenements, hereditaments, and real and personal estates whatsoever: Provided, The same shall be necessary for the construction, repairs and preservation of said turnpike road, for the erection of toll gates and toll houses thereon: And Provided further, That the State of Michigan reserves to herself the right always of purchasing said turnpike road by paying said company the amount of the original cost and subsequent repairs, with seven per cent per annum interest thereon, after deducting what may have been received for tolls, the amount determined agreeable to the provisions hereinafter specified.

Sec. 2. The capital stock of said company shall be one hundred thousand dollars, to be dived into two thousand shares of fifty dollars each, which shall be paid to said commissioners or the president and directors that succeed them, at such times and in such instalments as the by-laws of said commissioners or their successors shall require. Sec. 3. When ten thousand dollars of said capital shall be Directors. subscribed, there shall be nine directors chosen by the stockholders, one of whom they shall annually elect their president, who shall hold their offices severally, for one year, or until their successors be elected. The president and directors shall have general powers in transacting the business of said company, of settling and adjusting all claims, evidence of debt and liabilities which the by-laws of said company may authorize them to grant or incur, or which they may deem necessary to issue in prosecuting the construction and completion of said road. The first election shall be held at such time and place as said commissioners shall determine, by giving ten days pre

Election.

vious notice thereot, by publication in some newspaper; at which meeting each stockholder may vote either in person or by proxy, each share being entitled to one vote. All elections thereafter shall take place on the first day of May, notice thereof being given as aforesaid: Provided, That this incorporation shall not be dissolved because the annual election was not held at the time above mentioned.

Sec 4. When the company has been organized agreeable to the provisions of section three, they shall proceed to survey, mark and lay out such road, commencing at or near the village of Ashley, at such point as said company shall determine, in the county of St.Clair, thence westward through said county of St. Clair to the village of Romeo, in the county of Macomb; and the commissioners of highways in the several townships through which said road passes are hereby authorized to give, if they deem it expedient, the president and directors of said company full possession of any road or highway in their respective townships on which said President and directors may choose to locate said road upon the route which said road shall be located. Said company shall cause to be constructed a good and sufficient turnpike at least twenty feet wide from the inner side of one ditch to the other, which ditches shall be of sufficient depth and width, with under sluices and outlets sufficient to drain the water from said road.

Organized.

Completion,

tice.

Sec. 5. When the president and directors shall have completed said road or a portion thereof, it shall be lawful for them to give no- to give notice to the associate judges of the county in which said road shall be situated, who shall personally examine from time to time such portion of said road as may be completed, and if they find the same done according to the true intent and meaning of this act, they shall certify the same in writing to the clerk of said county where the road shall be situated, and direct him to issue a license under the seal of said county to permit said president and directors to make and erect as many gates upon and across said road as may be necessary and sufficient to collect the dues and tolls hereinafter granted to said corporation from all persons travelling upon or using the same: Provided, That they shall not have on said road more than one gate for taking whole toll in every ten miles, or one gate for taking half toll very five miles.

ers.

Rates of

toll.

Sec. 6. As soon as any portion of said road shall be completed, and permission as aforesaid granted to erect a gate or gates across the same, it shall be lawful for the president and directors to appoint Toll gather toll gatherers to collect and receive from all and every person or persons using said road at said whole toll gate, or at each half toll gate in proportion, such toll and duties, to wit: For every score of swine or sheep, ten cents; for every wagon drawn by two horses, mules or oxen, twenty-five cents; for every additional horse, mule or ox, six and one-fourth cents; for every coach, pleasure wagon or carriage, thirty-seven and one-half cents; for every additional horse, ten cents; for every cart drawn by two oxen, fifteen cents; for every additional yoke, ten cents; for every cart drawn by one horse, mule or ox, twelve and one-half cents; for all sleighs or sleds drawn by one or more horses, mules or oxen, half the toll for vehicles on wheels; for every horse or mule rode, led or driven, twelve and one-half cents; for every horse or mule and rider, ten cents; for every head of neat cattle driven, two cents.

Lawful to

sons.

Sec. 7. It shall and may be lawful for any toll gatherer to stop detain per- and detain any person riding, leading, or driving any cattle, horses, sheep, swine or any article named above in sec. 6, as subject to pay tolls, until the same be paid: Provided, That nothing in this section shall be so construed as to enable said corporation to demand or receive toll from any person at any gate passing to or from public worship, going to or returning from funerals, going to or returning from a grist mill for grinding grain for family use, from any militia men, or troops in the service of this State or the United States, or for the transportation of any property belonging to the United States, or to this State.

To erect

Sec. 8. The said corporation shall cause mile stones or posts to be mile stones. erected and maintained, one for every mile of said road from the commencement of said road; and if any person shall cut, injure or destroy said mile post, or said road itself, or shall forcibly pass the gate without payment of toll, such person or persons shall individually for feit and pay for every such offence, twenty-five dollars, to be recovered by said incorporation in their incorporate name, and for their benefit, in an action of debt, before any justice of the peace in the county where said offence may be committed, or where the offender may

be found; such offender or offenders shall also be liable to said company for all damages which said company shall sustain by reason of the commission of any injury which said company or said road itself may sustain.

Penalty for

travellers.

Sec. 9. That if any toll gatherer shall unreasonably detain or hinder any traveller or passenger at either of said gates, or shall demand or receive more toll than by this a ct is established, he shall for every such offence forfeit and pay twenty-five dollars, to be recovered hindering by the person so unreasonably detained, or of whom such money was received or demanded, for his own use, with cost of suit before any justice of the peace in the county where such detension occurred :— Provided, That if no goods and chattels of said toll gatherer be found to satisfy said judgment and costs, the personal property of said company shall be liable to execution issued on said judgment, and sold in the same manner as if execution had issued against said company in its corporate name.

Sec. 10. The shares of said company shall be held as personal shares. property, and may be transferrable in such a manner as the president and directors shall direct.

Duty of associate

Sec. 11. Whenever complaints shall be made to either of the associate judges mentioned in the fifth section of this act, in wrtting, that any part or parts of said road are out of repair, it shall be the duty judge. of said associate judge to give notice to the other, both of whom shall proceed to examine such part or parts of said road, and view the same and if the same shall in the view of said judges be out of repair, then the said judges shall give notice in writing of such defect to the toll gatherer or person attending the gate nearest the place out of repair, and may also in their discretion in the said notice, order such gate or gates to be thrown open, and such gate or gates shall immediately after service of such notice as aforesaid, be open, and remain open, and Toll gatherno toll shall be demanded until said road shall be put in complete repair; and if such keeper of the gate shall not immediately after the receipt of said notice open such gate or gates and keep the same open until rfter such repairs are completed, or shall hinder or detain any person or persons from passing said gates, or shall take or demand toll from any person or persons after receiving such notice, and until such repairs are completed as aforesaid, the toll gatherer or gate

er to open the gate.

Proviso.

Power to appoint treasurer.

keeper so detaining any person shall forfeit the sum of twenty-five dollars for each and every offence, to be recovered before any jus tice of the peace in an action of debt, in any town where said detension occurs; and the property of said company shall be liable on said judgment, and the same may be taken on any execution issued thereon the same manner as if the same were isssued against said company in its corporate name; and the said judges as a compensation for the duties required of them to perform by virtue of this act, shall receive one dollar and fifty cents per day for their services every day they are employed, to be paid by the toll gatherer nearest where the services are rendered, out of any monies collected at such places; and in default of such payments by the toll gatherer, the stockholders shall be individually liable to said judges: Provided, that whenever it shall appear to said judges that such complaint is made without sufficient reason, and is done for the purpose of harrassing the presi dent and directors of said company, or the stockholders thereof, the person or persons only so complaining, shall be responsible to said jud ges for their fees aforesaid, and the same may be recovered in an action of debt brought before any justice of the peace in the town where either of said complainants live, or where either of them may be found.

Sec. 12. The president and directors shall have power, and it is hereby made their duty to appoint a treasurer who shall register in separate books all sums of money deposited with him, whether the same was received for subscriptions to capital stock, tolls collected, or any other source, and for what purpose, and to whom the same was paid out. They shall also appoint a secretary and such other clerks or agents as they may deem necessary to transact the business of the corporation, who si.all severally execute bonds in such sums as the company require for the faithful performance of the duties of their respective offices, also meet from time to time at such places as they may consider expedient to receive subscriptions until the whole capital stock shall be taken, unless it shall be ascertained that a less sum will be sufficient to fulfill the object of this incorporation, to demand at such time and in such proportion as they shall see fit from the stockholders, the sum of money due on their respective shares, under pain of forfeiture of such shares, and all previous payments thereon