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To keep cor

the peace in the county where such detention occurs; and the property of said company shall be liable on said judgment, and the same may be taken on any execution issued thereon, in the same manner as if the same were against said company in its corporate name; and the said commissioners, appointed under and by virtue of this act, shall receive as a compensation for their services, at the rate of one dollar and fifty cents per day for the time actually employed, to be paid by the toll gatherer nearest to where the service was rendered, on the warrant of the secretary, countersigned by the president, out of the moneys collected at such places; and in default of such payment, the toll gatherer and the stockholders of said company shall be individually liable to said commissioners.

SEC. 19[16.] The said directors shall keep a set of corporate books porate bo'ks open at all times to any or all of the stockholders, in which shall be entered the cost of the construction of said road and fixtures, and also the expenditures of said company, and all moneys by them received, and an accurate account of the same shall be submitted to the legislature, duly attested by the oath of the officers of said company whenever it shall be required.

ter to be

ted.

SEC. 20 [17.] If the said company shall not complete five miles of When char- said road within five years from the passage of this act, and the come forfei- balance of said road within ten years from the passage of this act, then the charter of such portion of said road as shall not have been so completed, shall become forfeited; or if either of said toll gates shall be kept open for the period of two months after notice is given that said road is out of repair, agreeably to the provisions of the fourteenth section of this act, then, and in that case, the powers and privileges granted to said company by this act shall cease, and be null and void.

Liability.

Annual tax.

SEC. 21 [18.] The legislature may at any time alter, amend, modify or repeal this act.

SEC. 22[19.] The stockholders of said company shall be personally liable for the debts of said company after the corporate property is exhausted.

SEC. 23 [20.] The said company shall pay to the state treasurer an annual tax of one-half of one per cent. upon the capital stock paid in, and all loans made by the company for construction, which shall

be paid in the last week in December; and the property of said company shall be exempt from all and every other tax by virtue of any laws of this state.

SEC. [24] 21. This act shall take effect and be in force from and after its passage.

Approved March 17, 1847.

[No. 109.]

AN ACT to provide against the Recovery of Damages done by
Beasts on Lands which are not enclosed by a lawful Fence.

SECTION 1. Be it enacted by the Senate and House of Representatires of the State of Michigan, That no person shall be entitled to recover any sum of money in any action at law for damages done upon lands by any beast or beasts, unless in cases where, by the by-laws of the proper township, such beasts are prohibited from running at large, except in cases where such lands are enclosed by a fence of the same height and description as is required by the provisions of section one, chapter eighteen of the revised statutes of eighteen hundred ond forty-six.

SEC. 2. No person shall recover in any action at law for trespass

on lands, any more costs than the amount of judgment rendered in 1849

such case.

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

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228

[No. 110.]

AN ACT to incorporate the Pontiac and Corunna Plank Road

Company.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Horace C. Thurber, J. W. Cran- Com'rs. dle, Jairah Hillman, George C. Holmes, J. B. Bloss, Seth Beach and William Axford 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 Pontiac and

Subject to

visions.

Corunna Plank Road Company hereby incorporated; and they shall cause books to be opened for the subscription of said stock in the village of Pontiac, in the county of Oakland, in the village of Byron, and in the village of Corunna, in the county of Shiawassee, first giving twenty days' notice in at least one public newspaper, printed in the village of Pontiac, and by posting up notices at the place 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 "Pontiac and Corunna Plank Road Company," and shall be capable in their corporate name to purchase and hold such real and personal estate as may be necessary for the construction or repair of said road, the bridges and toll gates thereon, or for the erection of toll houses or other necessary buildings.

SEC. 2. This corporation shall be subject to the provisions of certain pro- chapter 55 of the revised statutes, approved May, 1846, and such amendments as shall be made thereto, except so far as the same are inconsistent with the provisions of this act.

Capital sto'k

Subscribers

cach share.

SEC. 3. The capital stock of said company shall be two hundred thousand dollars, to be divided into eight thousand shares of twenty-five dollars each; and it shall be lawful for the said commissioners whenever twenty thousand dollars shall have been subscribed, (if within three years from the passage of this act) to call a general meeting of the subscribers, at such time and place as they may appoint, giving at least twenty days' notice thereof in some newspaper published in each of the counties of Oakland, Genesee and Shiawassee; at which meeting the said subscribers, or such of them a as may attend, being a majority of the whole, may proceed to organize said company by the determination and election of proper officers, and the adoption of suitable by-laws, not inconsistent with this act.

SEC: 4. At the time of subscribing for such stock, each subscrito pay $1 on ber shall pay into the hands of the said commissioners one dollar on each share subscribed, and at the said first meeting of said company, any person not having made such payment shall not be permitted to vote or act as a member thereof; and said commissioners

shall pay over all money paid to them on the said stock as aforesaid to such officers as said company shall direct after the same shall have been organized.

SEC. 5. The said commissioners, or a majority of them, are hereby empowered and authorized to survey and lay out a road, commencing at the village of Pontiac, and running thence northwesterly through the village of Byron and the village of Shiawassee, to the village of Corunna, in the county of Shiawassee: Provided That said road shall not be laid out on the line of any existing highway without the consent in writing of all the taxable inhabitants residing on the line of the road so sought to be used.

SEC. 6. The damages sustained by any person or persons by reason of the laying out and opening of said road, may be ascertained by the agreement of the owner or agent of the owner of the land through which said road may be run with the commissioners aforesaid; and in case such agreement be not made, or in case the owner or agent of the owner of the land shall not, in writing, release all claim for damages for the right of way to said corporation, the same shall be assessed by said commissioners, and a certificate of such assessment filed in the office of the clerk of the county in which the land lies.

May survey

said road.

Damages.

SEC. 7. Said commissioners shall cause a correct map and survey To cause map &c. to of so much of said road as shall be laid out by them in each county, be filed in of fice of registo be made and filed in the office of the register of deeds of such ter of deeds. county, designating such parcels of land through which they have laid said road,and have assessed the damages as aforesaid; and in case the owner of such land or his agent shall not within ten days after a certificate of such assessment is filed in the clerk's office as aforesaid, and notice thereof as herein provided,file in the same office a notice of appeal to the county court of such county, the said assessment shall be considered final; and upon the payment of the amount so assessed or a tender thereof by said company to the owner or his agent, the right of way through such land shall be as fully vested in said company as if the same had been conveyed by the owner of the land; and in case a notice of appeal from any such assessment shall be filed in the clerk's office as aforesaid, within the ten days aforesaid, then the said county court shall have jurisdiction of the

Power to

matter, and shall cause the damages for the right of way through such land, according to such survey, to be reassessed by a jury of twelve freeholders, disinterested in the matter; and either party may introduce witnesses touching the amount of damages; and on the payment or tender of the amount by such jury assessed as damages, to the owner or his agent, the said right of way shall be as fully vested in said company as if released by the owner of the land: Provided, That said company shall cause notice of the filing of such certificate of the assessment to be served on the several owners or their agents, if such owner or one or more of several joint owners or agent resides in the county where such land lies; and in case the owner, or one or more of several joint owners of any such lands, shall not reside in the county in which the same lies, in that case the said court, on application of such company, shall direct such notice to be given to such owner or owners by publication in some newspaper as such court shall deem reasonable, and fixing the time within which such owner or owners are to take such appeal; and in case he or they shall not take such appeal within the time fixed by such order, the said assessment shall be final.

SEC. 8. The said company shall be and is hereby authorized and construct, empowered to construct and keep in repair a plank or McAdamized road on the route so laid out and established, from the village

&c.

Gov. to ap point three com'rs.

of Pontiac to the village of Corunna; said road to be built of good sound plank not less than eight feet long and three inches in thickness, or other hard materials, and shall have power to grade, ditch and drain the road in such a manner as may be necessary or convenient for the purposes; and at the intersection of said road with other roads, it shall be so constructed as to afford easy and safe access thereto or passage thereover, for wagons, carriages or other vehicles.

SEC. 9. The said company, while constructing said road, shall cause no unnecessary impediment or obstruction to the travel on any highway on which they may construct said road.

SEC. 10. As soon as the said company shall notify the governor or acting executive of the state that at least five miles of said road is constructed, he shall thereupon appoint three discreet and disinterested persons as commissioners, who shall be paid by the com

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