pany, to view the same, and report in writing to him whether the road is constructed according to the provisions of this act, and if they shall report in the affirmative, he shall forthwith authorize the said company to erect so many gates upon and across said road as may be necessary and sufficient to collect the dues and tolls hereinafter granted to the said corporation from all persons travelling on or using the same; and this may be done as often thereafter as any other portion of said road shall be finished, not less than five miles in extent; but not more than four whole toll gates, or two whole toll gates and four half toll gates shall ever be placed across said road, and not more than a proportionate number, according to the distance said road shall be completed.

May appoint

ers.

SEC. 11. As soon as five miles of said road shall have been completed, and permission granted as aforesaid, to erect a whole or toll gatherhalf toll gate or gates upon and across the same, it shall and may be lawful for the directors of said company to appoint toll gatherers to collect and receive of and from all and every person or persons using or travelling on said road, at each and every of said whole toll gates, and at each half toll gate or gates in proportion, such tolls and duties to wit: For every score of neat cattle, hogs Rates of toll. and sheep driven over said road, six cents; for every wagon drawn by two horses, mules or oxen, eighteen cents, and five cents for each additional horse, mule or yoke of oxen; for every coach. pleasure wagon or carriage drawn by two horses, eighteen cents, for every additional horse, five cents; for every chaise, sulky, wagon or pleasure vehicle drawn by one horse, ten cents; for every cart drawn by two oxen, ten cents; for every horse or mule, led or driven, and not attached to a vehicle, five cents; for every horse or mule with its rider, six cents; and for all sleighs or sleds drawn by horses, mules or oxen, half the tolls on wagons; and it shall be lawful for every toll gather to stop and detain any person or persons, and any property, above named in this section, until the lawful tolls are paid: Provided, That no toll shall be demanded from any person going to, or returning from funerals or public worship, or from any person going to or returning from any part of the farm on which said person resides, or from any person using said road for a distance not exceeding one mile either way from the

Penalty.

Duty of com'r.

residence of such person, nor from any person going to or returning from any grist mill for the grinding of grainfor familyuse, nor from any troops in the service of the United States or of this State.

SEC. 12. If any toll gatherer shall unreasonably detain or hinder any traveller or passenger, or property at either of said gates, or shall demand or receive more tolls than by this act are established, he shall, for every such offence, forfeit and pay twenty-five dollars, to be recovered by the person or owner of the property so unreasonably detained, for his own use, with cost of suit, before any justice of the peace in the county where such detention occurred: Provided, That if no goods and chattels of such toll gatherer can be found to satisfy such judgment and cost, then and in that case, the personal property of said company shall be liable to execution issued on said judgment, and the same may be taken on such execution in the same manner as if said execution was against said company in its corporate name.

SEC. 13. Whenever complaint shall be made to either of the three commissioners, last appointed in pursuance of the eleventh section of this act, that any part or parts of said road is out of repair, it shall be the duty of such commissioner to give notice to the other two commissioners, who, with him shall proceed to examine such part or parts of said road, and if they find the same to be out of repair, then the said commissioners shall give notice in writing of such defect to the toll gatherer or person attending the gate nearest the place so out of repair; and may, also, in their discretion, in the said notice, order such gate or gates to be thrown open; and the said gate or gates so ordered to be thrown open, shall after service of such notice as aforesaid, be and remain open, and no tolls shall be demanded until after such road is put in complete repair; and if such keeper of the gate shall not immediately after the receipt of such notice, open the gate and keep the same open until such repairs are completed, or shall hinder or detain any person or persons in passing said gates, or take or demand any toll from any person or persons, after receiving such notice, and until such repairs are completed as aforesaid, the toll gatherer or gate keeper so detaining any person as aforesaid, shall forfeit and pay to the person so detained, the sum of twenty-five dollars for each

and every offence, to be reccvered in an action of debt before any justice of 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 was against said company in its corporate name; and the said commissioners appointed under and by virtue of this act, shall receive as 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 stockholders of said company shall be individually liable to said commissioners. SEC. 14. The said directors shall keep a set of corporate books open at all times, to any or all of the stockholders, in which shall To keep set be entered the cost of the construction of said road and fixtures, and also the expenditures of said company, and the 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.

SEC. 15. If the said company shall not complete five miles of said road within five years from the passage of this act, and the balance of said road within eight years from the passage of this act, then the charter of such portion of said road as shall not have been 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 provision of the eleventh 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.

SEC. 16. The said company shall pay the state treasurer annually by the first day of December, a tax of five mills on the dollar upon all the capital stock paid in, and upon all loans for construction, which tax shall be in lieu of all other taxes.

SEC. 17. The stockholders shall be personally liable for all debts of said company after the corporate property is exhausted.

of books.

When char

ter forfeited

Annual tax

Liability.

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

SEC. 19. This act shall take effect and be in force from and after

its passage.

Approved March 17, 1847.

RESOLUTIONS..

[No. 1.]

JOINT RESOLUTION authorizing the Governor to employ a
Private Secretary.

Resolved by the Senate and House of Representatives of the State of Michigan, That the governor be, and he is hereby authorized to employ a private secretary during the present session of the legislature, who shall be allowed such compensation as the legislature shall direct, not exceeding three dollars per day.

Approved January 11, 1847.

[No. 2.]

JOINT RESOLUTION in relation to Legislative Manual.] Resolved by the Senate and House of Representatives of the State of Michigan, That the Secretary of the Senate and Clerk of the House shall cause a sufficient number of copies of the Legislative Manual to be printed for the use of the legislature, embracing the same information as those in use during the last session of the legislature; and also a sufficient number for the use of the next legislature, to be deposited in the state library, in charge of the Secretary of State, whose duty it thall be to cause the same to be distributed among the several members at the next session.

Approved January 11, 1847.

189