such time and place as they may appoint, by giving thirty days' public notice of such meeting, and shall lay the books of subscription before the subscribers then present, and thereupon the said stockholders, or a majority of them, shall elect seven directors by ballot, a majority of whom shall be competent to manage the affairs of said company, and all of whom shall be stockholders in said company; and said directors are empowered to elect one of their number president; and on all occasions, when a vote of the stockholders is to be taken, each and every share shall entitle the holders thereof to one vote, either by himself in person or by proxy.

directors,

Sec. 6. To continue the succession of president and directors of President & said company, seven directors shall be chosen annually on the first how chosen. Monday in October, at such place as may be appointed by the directors; and if any vacancy shall occur by death, resignation or otherwise, of any president or director, before the year for which he was elected shall have expired, such vacancy for the remainder of the year, may be filled by the directors of said company, or a majority of them. The president and directors of said company shall hold their office until a new election of president and directors. All elections which are by this act, or by the by-laws of the company, to be made on any particular day, may be made at any time within sixty days thereafter, notice of such meeting being given as prescribed in the preceding section.

Annual mee

SEC. 7. A general meeting of the stockholders of said company shall be held annually, at the time and place appointed for the elec- ting. tion of president and directors; and a meeting may be called at any time during the interval between the said annual meetings, by the president and directors, or by the stockholders owning not less than one-fourth of the whole stock subscribed, by giving thirty days' public notice of the time and place of meeting; and when any such meeting is called by the stockholders the particular object of such call shall be stated; and if, at any meeting thus called, stockholders owning a majority of stock subscribed are not present, in person or by proxy, such meeting shall be adjourned from day to day, not exceeding three days without transng any business and if, within said three days, stockholders having a majority of such stock do not attend such meeting, in person or by proxy, then the said meeting shall be dissolved.

Statement

to be exhib

ited.

Officers,how

appointed,

SEC. 8. At each annual meeting of the stockholders of said company, it shall be the duty of the president and directors in office for the preceding year, to exhibit a clear and distinct statement of the affairs of the company; and at any meeting of the stockholders, a majority of those present in person or by proxy, may require similar statements from the president and directors, whose duty it shall be to furnish them when thus required; and at all general meetings of the stockholders, those holding a majority of the stock subscribed, may remove from office any president, or any of the directors of said company, and elect others in their stead: Provided, Notice of such intended removal has been given as hereinbefore provided.

SEC. 9. The said president and directors, or a majority of them, shall have power to appoint, contract with and determine the compensation of all such officers, engineers, agents and servants whatsoever, as they may deem necessary for the transaction of the business of the company, and remove them at pleasure; and the said president and directors, or a majority of them, shall have power to determine the manner and evidence of the transfers of the stock in said company; and they shall have power to pass all the by-laws which may be necessary for carrying into execution all the powers vested in the company hereby incorporated: Provided, Such byJaws shall not be contrary to the constitution or laws of the United States, nor of this state: And provided further, That nothing in this act contained shall extend or be construed to authorize the said company to carry on the business of banking, brokerage, dealing in produce or any other business, except what properly belongs to a rail road and transportation company, as hereinafter provided. SEC. 10. For the purpose of constructing said rail road or way, be establish said company shall have authority and power to lay out, designate and establish their road in width not exceeding one hundred feet through the entire line thereof, and may take, have and appropriate to their use all such lands so designated for the line or construction of said road; and for the purpose of cuttings and embankments, and for the obtaining of stone, sand and gravel, may take and appropriate as much more of land as may be necessary for the proper construction and security of said road, and for constructing shops depots and other proper, suitable and convenient fixtures, in con

Road may

ed.

nection with, and as appurtenances to said rail road, may take, have, use and occupy any lands on either side of said rail road, not exceeding two hundred feet in width from said rail road, the said company taking all such lands as gifts, or purchasing or making satisfaction for same in manner hereinafter provided.

may enter

others.

SEC. 11. The said company, and under their direction, their For what agents, servants and workmen, are hereby authorized and empow- purposes ered to enter into and upon the lands and grounds of, or belonging upon land of to the state, or to any person or persons, bodies politic or corporate and to survey and take levels of the same, or any part thereof, and to set out and ascertain such parts as they shall think necessary and proper for making said rail road with one or more sets of tracks or rails, and for all the purposes connected with said rail road, for which the said company, by the last preceding section, is authorized to take, have or appropriate any lands, and to fell and cut down all timber and other trees, standing or being within one hundred feet on each side of said line of rail road, the damages occasioned by the felling of such trees, unless otherwise settled, to be assessed and paid in manner hereinafter provided for assessing and paying damages for land taken for the use of said company; and also to make, build, erect and set up in and upon the route of said rail road or upon the land adjoining or near the same, all such works, ways, roads and conveniences, as may be requisite and convenient for the purposes of said rail road; and also from time to time, to alter, repair, amend, widen or enlarge the same, or any of the conveniences above mentioned, as well for the carrying or conveying goods, commodities, timber or other things to and upon said rail road, as for carrying or conveying all manner of materials necessary for making, erecting, furnishing, altering, repairing, amending, widening or enlarging the works of, or connected with said rail road, and to contract or agree with the owner or owners thereof, for earth, timber, gravel, stone or other materials, or any articles whatsoever, which may be wanted in the construction or repair of said road or any of its works or appurtenances; and also, to make, repair, maintain and alter any fences or passages under or through the said rail road, or which shall communicate therewith, and to construct, erect and keep in repair any piers, arches or other works in and up

pon and across any rivers or brooks, for making, using or maintaining the said rail road and side paths, and also to construct, make and do all other matters and things which may be necessary and convenient for making, effecting and preserving, improving, completing and using the said rail road, in pursuance of, and within the true intent and meaning of this act, they, the said company, doing as little damage as possible in the execution of the several powers to them hereby granted, and first making satisfaction in manner hereinafter mentioned, for all damages to be sustained by the owners or occupyers of said lands, tenements and hereditaments, before appropriating the same to the construction of said road; and it shall be lawful for the company to enter upon, and take possession of, and appropriate to their own use in the construction of the said the line of road, any portion of the so called line of the northern rail road which by acts of the legislature, approved April 2nd, 1841, and, March 9th, 1843. respectively, was converted into the northern wagon road; and the state hereby releases to said company, all her rights, privileges and immunities to such portion of the line of said road as the company may deem proper to use in constructing the aforesaid rail road.

May occupy

the N. rail

road.

voluntary

grants, &c.

SEC. 12. The said company shall have power and authority to reMay receive ceive, take and hold all such voluntary grants and donations of land and real estate for the purposes of said rail road, as may or shall be made to said company, to aid in the construction, maintainance and accommodation of said rail road, and said company may contract and agree with the owners or occupiers of any lands upon which the said company may wish to construct the said rail road or way, or which said company may wish to use or occupy for the purpose of excavation, or of procuring stone, sand, gravel, earth or other materials, to be used in embankments or otherwise, in or about the construction, repair or enjoyment of said rail road, or which the company may wish to use or occupy in any manner, or for any purpose or purposes connected with said rail road, for which the said company is authorized or empowered by this act to take, have or appropriate any lands, and to receive and take grants and conveyar ces of any or all such lands, and of any or all interests or estates therein, to them and their assigns, in fee or otherwise, and in case

said company cannot agree with the owners or occupiers of such lands as aforesaid, so as to procure the same by the voluntary deed or act of such owner, or occupier thereof; or if the owners of occupiers, or either or any of them, be a feme covert, under age, non compos mentis, unknown or out of the county in which the land or property wanted may lie or be situate, application may be made to the circuit court commissioner, county judge, or judge of probate of such county in which the lands are situate, or a judge of the supreme court, for an assessment and inquisition as hereinafter provided.

Notice of as

ven.

SEC. 13. Previous notice of such application shall be given to the owner or occupier of the land to be taken, either by personal ser- sessment givice of such notice three days before making such application, or by public advertisement for three weeks previous to such application, in some newspaper published in the same county, if there be one, and if there be none so printed in the same county, then such notice to be published in a newspaper printed in an adjoining county, if there be any newspaper printed in an adjoining county, and if there be no paper so printed in an adjoining county, such notice to be published in the state paper if there be one, and if there be none, then in some newspaper printed in the city of Detroit; such notice shall describe the land proposed to be taken by the company, or touching which damages are to be assessed, by the section and quarter section, or if in a city or village, by the sec tion, block and number of lot, or by some other suitable and proper description; and any irregularity or defect touching such notice, shall be taken advantage of in showing cause against the confirmation of the assessment or inquisition of damages had or found, and not otherwise; evidence of the publication of such notice may be perpetuated by an affidavit duly made by the printer or publisher of the newspaper in which such notice was published, or some disinterested person knowing the fact; such affidavit when made within three months after the last publication of such notice, shall be prima facie evidence of the facts therein set forth.

SEC. 14. The commissioner or judge to whom such application How damashall be made, shall thereupon proceed to the office of the clerk of ges shall be said county, and direct him to draw twelve names from the petit ju. ry box of the county, and the clerk shall thereupon draw twelve

assessed.