of the peace in the ceunty where such detention occurs; and the property of the 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 virture of this act, shall receive as a compensation for their services, at the late 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. 16. The said directors shall keep a set of corporate books, open at all times, to any and 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. Books to be kept open. in case of SEC. 17. If the said company shall not complete five miles of Forfeiture said road within five years from the passage of this act, and the bal- neglect. ance 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. SEC. 18. This act shall be subject to all general laws relative to incorporations, and such amendments as shall be made thereto, so far as the same shall be applicable. SEC. 19. The stockholders of said company shall be personally liable for all the debts of said company, after the corporate property of the company shall have been exhausted. SEC. 20. The legislature may at any time alter, amend or repeal this act, or the act to which this act is amendatory, by a vote of two thirds of each house. SEC. 21. This act shall take effect and be in force from and after its passage. Approved March 16, 1847. Power of com council Certain ch amended. May fill vacancy. [No. 74.] AN ACT to amend the Charter of the City of Detroit. SECTION 1. Be it enacted by the Senate and House of Representa tives of the State of Michigan, That the common council of the city of Detroit shall have power to regulate, protect and control so much of the city water works as may lie without the bounds of said city, in the same manner as they regulate, protect and control said water works within said bounds. SEC 2. The mayor's court shall be held by the mayor, and in case of his absence from the court, by the recorder, and in case of the absence of both, by any alderman previously designated by the common council. SEC. 3. That the several existing provisions of the charter prescribing the mode of drawing a jury, be so amended as to authorize the common council to procure a jury (of the inhabitants of said city) in all cases, in the like manner as is by law provided for obtaining juries in the circuit courts of the state of Michigan. SEC. 4. In case of the death or absence from the city of both the mayor and recorder, the common council may at any regular session or special session called by three members, and notified to the members of the council by the clerk, appoint one of their number to preside at such session, and such session shall be taken to be as legally organized as if the mayor or recorder were present. To raise tax SEC. 5. That in addition to the tax now authorized to be levied by the charter of the city of Detroit, the common council of said city shall have power in the manner prescribed by said charter or any amendment thereof, to cause to be levied and col lected a snm not exceeding sixteen thousand dollars, as follows: For the year eighteen hundred and forty-seven, a sum not exceeding eight thousand dollars, and for the year eighteen hundred and forty-eight, a further sum not exceeding eight thousand dollars: Provided, That the consent of the taxable inhabitants of said city to the proposed levy be first obtained at a public meeting of said taxable inhabitants, to be convened by the proclamation of the mayor of said city: And provided further, That the said sums or any part thereof so raised, shall be applied in payment of the city debt and the interest thereof, and to no other purpose. SEC. 6. All acts and parts of acts contravening the provisions of this act are hereby repealed. ed. SEC. 7. Any law, now in force, which prohibits the same person Acts repealfrom holding the offices in said city of member of the common council and of the board of education, is hereby repealed, in respect to said offices, and any alderman or school inspector who shall remove from the ward in which he was elected, shall thereby vacate his office. SEC. 8. This act shall take effect from and after its [No. 75.] passage. tion. AN ACT to incorporate the Chippewa Portage Company. SECTION 1. Be it enacted by the Senate and House of Representaitres of the state of Michigan, That W. F. Porter Taylor, Andrew IncorporaHarvie, Lowell W. Tinker, Joseph B. Brown, Orville B. Dibble, and such other persons as may be associated with them, their sucessors and assigns be, and hereby are, constituted a body politic and corporate, under the name of "The Chippewa Portage Company," and by that name shall be capable in law of purchasing, holding, selling, leasing and conveying estate, either real, personal or mixed, so far as the same may be necessary for the purposes hereinafter mentioned, and no farther; and in their corporate name may sue and be sued, have a common seal, and shall have, enjoy and exercise all the powers, rights and privileges which appertain to corporate bodies, for the purposes mentioned in this act, and none other. SEC. 2. The capital stock of said company shall be ten thousand dollars, in shares of twenty-five dollars each, transferable on the Capital sto'k Power to construct road, &c. ners. books of said company, and in such manner as may be provided by the by-laws thereof. SEC. 3. Said company hereby created, shall have power to construct upon and along the public highway, or upon such land as they may procure for that purpose, a plank road and[or] railway, not exceeding ten feet in width, from a point at or near the St. Marie river, below the falls of said river in the village of Ste Marie, and county of Chippewa, to such point as they may procure for that purpose, convenient to the ship navigation of Lake Superior, above the Saut Ste Marie, and erect such depots upon lands purchased or procured, or to be purchased and procured by the said company, as may be necessary for the transaction of the business thereof; and receive, store and transport upon said road, in suitable cars or vehicles, by the force and power of animals, or any mechanical or motive power, all such passengers, goods, freight, minerals and property generally, as may be entrusted to their care for that purpose; and shall have power to collect therefor such reasonable sums as shall be established by the by-laws of said company: Provided, always, That the road shall in no way obstruct or interfere with the common carrying place around the falls of the St. Marie, and the said company shall not charge for the transportation of freight over said road a price exceeding five cents for each one hundred pounds exclusive of storage, which storage shall not exceed the ordinary rates charged by regular forwarders at the Saut Ste Marie: And provided also, That said company shall at all times on reasonable notice and payment of freight, transport over said road all freights so to be transported; but they shall not be compelled to run a car or other vehicle over the road for less than one thousand pounds of freight. And said road, improvements, property, works and profits, are hereby vested in said company hereby incorporated, and the stock of said company shall be considered personal property, and transferable agreeably to the by-laws thereof. SEC. 4. In order that the road hereby authorized to be constructDuty of road commissio ed shall be so constructed as not to interfere with the free passage along the said highway, of persons, teams, and vehicles, separate and apart from the portion thereof granted to be occupied by the said company, to wit: ten feet in width-it shall be the duty of the road commissioners of the township of Saut Ste Marie, to meet prior to the commencement of the construction thereof and designate what portion of the said highway the said company may construct their road along and upon, between the points mentioned in section three of this act by the said company to be designated. And the said company shall notify the said road commissioners personally or by written notice served at least thirty days prior to entering upon said highway, for the purposes herein granted, and shall construct their road upon the portion so designated by said commissioners, or upon such lands as the company may purchase. transporta painted on SEC. 5. The prices of transportation across said road established Prices of by the by-laws, shall be plainly printed upon signs, which shall be tion to be put up in a conspicuous place at each end of the road, and for ev- signs. ery violation of said by laws, said company shall be liable to a fine of fifty dollars, to be recovered with costs of suit, in an action of debt, before any court of competent jurisdiction. fere with SEC. 6. Said company shall not construct or maintain said road Not to interin such manner as to obstruct or interfere in any manner with the canal, &c. free construction and navigation of any canal which may at any time hereafter be constructed around the falls of the St. Marie river by virtue of any law of this state or of the United States. be called. SEC. 7. In order to organize the company hereby created, the Meeting to corporators named herein shall cause a meeting to be called, of all the then stockholders, by written notices publicly posted at the village of Saut Ste Marie, at least five days prior to the time appointed for said meeting, at which five directors shall be chosen, a majority of whom shall be competent to manage the affairs of the company and to elect one of their number, being a stockholder, president; and to appoint such other officers for said company as they may deem necessary, and on all occasions when the vote of the stockholders is taken, each and every share shall entitle the owner thereof to one vote, either by himself in person or by proxy, and a majority of all the votes so given shall be necessary to elect: Provided, That if there be less than five stockholders at the time of the election of directors, the stockholders for the time being shall be the directors of said company. SEC. 8. To continue the succession of president and directors of |