« PreviousContinue »
road Company for storage upon all property which shall have been transported by them, upon delivery thereof at any of their depots, and which shall have remained in any of their depots more than four days: Provided, The consignee shall have been notified, if known, either personally or by notice left at his place of business or residence, or by notice sent by mail, of the receipt of such property, at least four days before any storage shall be charged: Provided, That in all cases the said company shall be responsible for goods in deposite in any of their depots, awaiting delivery, as warehousemen, and not as common carriers. And if said company shall charge or take any remuneration for storage of goods otherwise than as aforesaid, it shall forfeit and pay to the state of Michigan, in each case for so doing the sum of fifty dollars: Provided, further, That whenever it shall be necessary for the convenience of the public, or persons receiving or sending property by said rail road, the said company shall permit side tracks to intersect the main road at any depot on or along the line of said road, and that such persons shall be entitled to have any property taken from such side tracks under the direction and regulation of said company without unreasonable delay.
Sec. 13. Whenever in the construction of said road it shall be May cross necessary to cross or intersect any established road, it shall be the established duty of said president and directors, so to construct the said rail road across such established road, as not to impede the
passage or transportation of persons along the same; or when it shall be necessary to construct it through the land of any individual, it shall be their duty to provide for such individual proper wagon ways across said road, from one part of his land to another, and keep the same
in repair. . Damages.
Sec. 14. If said company shall neglect to provide and keep in repair proper wagon ways across said road, as required by this act, it shall be lawful for any individual to sue said company, and he shall be entitled to such damages as a court or jury may think him or her entitled to for such neglect or refusal on the part of said company.
Sec. 15. If it shall be necessary for said rail road company in the selection of the route or construction of said road to be by
them laid out and construcied, or any part of it, to connect the May con same with any turnpike road or bridge made or erected by any cations, incorporated company, or authorized by any law of this state, it shall be lawful for said president and directors to contract with any other corporation for the right to use such road or bridge, or for the transfer of any of the corporate or other rights and privileges of such corporation to the said company hereby incorporated, and every such other corporation, acting under the laws of this state is hereby authorized to make such contract or transfer by and through the agency of the person authorized by the respective acts of incorporation to exercise their corporate powers, or by any persons who are, by any law of this state, entrusted with the
management and direction of such turnpike, road or bridge, or any of the rights or privileges aforesaid; every contract or transfer made in pursuance of the power and authority herein granted, when executed by the several parties, under their respective corporate seals, shall vest in the company herein incorporated, all the rights and privileges, and the right to use and enjoy the same as fully as they are now used and enjoyed by the said corporation in which they are now vested.
Sec. 16. The said president and directors shall have power to Power of purchase with the funds of said company, and place on any rail directors.
president & road constructed by them under this act, all machines, wagons, carriages or vehicles of any description, which they may deem necessary or proper, for the purpose of transportation on said rail road, and they shall have power to charge for tolls and transportation such reasonable sums as shall be established by the by-laws of the company hereby incorporated, not exceeding the rates hereafter to be charged on the road of the Michigan Central rail road company for like distances; and it shall not be lawful for any company or any other person or persons to transport any passengers, merchandize or property of any description whatever on said road, or any part of it, without the license and permission of said president and directors of said company; and the said road, with all its improvements, works and profits, all machinery used on said road for transportation, are hereby invested in said company incorporated by this act, and their successors forever; and the shares of the capital
stock of said company shall be considered personal property, and shall be transferable, agreeably to the by-laws of said company, and subject to be taken on execution, agreeably to such laws as are or may hereafter be in force, The right and privilege is hereby reserved to this state,or any company hereafter to be incorporated under the authority of this state,to connect with the road hereby provided for, any other rail road leading from the main route to any part of this state : Provided, That in forming such a connection, no injury shall be done to the works of the company hereby incorporated; and the said company or companies so connecting, may have the free use of said road by paying the ordinary tariff or tolls established for said road; and this incorporation shall be entitled to the same rights and privileges to any and all roads hereafter connected.
Sec. 17. The president and directors shall annually, or semi-anmakendimi nually, declare and make such dividend as they may think proper dends.
of the net profits from the resources of said company, deducting the necessary current expenses, and they shall make such dividend among the stockholders of said company in proportion to their re
spective shares. Penalty for
Sec. 18. If any person or persons shall wilfully,knowingly and mato suid road. liciously remove a stake, alter,deface or injure in any manner, any
bench, stake or fixture, set by said company, their agent, or other person in the employ of said company, or by any means injure, impair or destroy any part of the said road constructed by said company under this act, or any of the necessary works, buildings or machinery of said company, such person or persons so offending, shall each of them, for every such offence, forfeit and pay to the said company a sum not exceeding five times the amount of damages caused by such offence, which may be recovered, in the name of said company, by an action of debt, in any court having competent jurisdiction in the county wherein the offence shall be committed.
Sec. 19. This act is hereby declared to be a public act, and copies thereof printed by the authorities of the state shall be received as evidence thereof.
Sec. 20. Said company shall, at all times, if required by the post office department, transport the United States mail upon said
road, as often as the cars shall pass the same, not exceeding twice sball transin each day, for such compensation as shall be agreed upon by said mail. company and the said department, not exceeding the average price paid by said department for the transportation of the mail in post coaches, three times per week, a like distance, upon the several post roads in the state: Provided, Nothing herein contained shall be construed to require any of the vehicles of said company to wait at any office for the change of mail.
Sec. 21. The directors of said company shall annually, on or before the tenth day of January, make a report to the secretary of make report state, which shall embrace the business of the preceding year, to of state. the first day of December, stating the length of their road in operation; cost of construction, and the indebtedness of the company for materials or work in progress of delivery or execution, on account of construction, as near as can be conveniently ascertained, and all other indebtedness, if any there be ; the amount of capital s'ock subscribed, and the amount actually paid in; the amount of dividend; the receipts from freight, from passengers, and from all other sources on account of operating the road ; the number of through and way passengers, respectively; the expenditures for the repairs of the road; for repairs of engines and cars, and other expenditures; which three last mentioned items shall include all the expenditures for operating the road, and the expenditures made for construction during the year ; the number of engines; of passengers; of freight and other cars; the number of men in employment of the company, the number of miles run by passenger, by freight and other trains ; which report shall be verified by the affidavit of at least two of the directors, and filed in the office of the secretary of state.
Sec. 22. The said company shall pay to the state an annual tax of one-half of one per cent upon the capital stock paid in, and all loans made by said company for the construction of said road; which tax shall be paid in the last week in January in each year, to the state treasurer, and the property and effects of said company, whether real, personal or mixed, shall in consideration thereof be exempt from all and every other tax, by virtue of any laws of this state now or hereafter to be in force, except penalties by this act
To pay to the state an annual tax.
imposed. And the inhabitants of this state shall have a lien upon the property of said company for all dues or demands against said company to the amount of one hundred dollars, originally contracted with (within] this state, which, after said lien of the state, shall take precedence of all other debts or demands, judgments or decrees, liens or mortgages against said company.
Sec. 23. The state shall have a lien upon the rail road of said State tohave lien upon company and its appurtenances and stock thereon, for all penalties,
taxes and dues which may accrue to the state from said company, which lien of the state shall take precedence of all other debts or demands, judgments or decrees against said company.
Sec. 24. The legislature may at any time hereafter alter, amend Repealing clause.
or repeal this act, by a vote of two-thirds of each branch thereof, but no such alteration, amendment or repeal shall be made within thirty years from the passage of this act, unless the legislature shall determine that said company has violated some of the provisions of this act.
Approved March 17, 1847.
[No. 83.] AN ACT to incorporate the Hillsdale and Coldwater Plank Road
Section 1. Be it enacted by the Senate and House of Representatires of the State of Michigan, That Orsamus B. Clark, Henry Waldron and Patrick McAdam, be, and they are hereby appointed commissioners, under the direction of whom, or the majority of whom, subscriptions may be received to the capital stock of the "Hillsdale and Coldwater Plank Road Company" hereby incorporated; and they shall cause books to be opened for the subscription of said stock in the village of Hillsdale in the county of Hillsdale, and in the village of Coldwater in the county of Branch, first givingtwenty days notice in at least one public newspaper, printed in the county where said books are to be opened, of the time and place of opening the same in said county; and the subscribers thereto, in pursuance of this act, and their lawful successors and assigns, are hereby constituted and declared a body corporate by the name of the