No. 120. Commission. AN ACT to lay out a state road in the counties of Montcalm and Section 1. Be it enacted by the Senate and House of Representaers named. tives of the State of Michigan, That Thomas Addison, George Miller and Ethan Satterlee be and they are hereby authorized and empow ered to lay out and establish a state road, beginning at the quarter post on the north line of section seventeen, in township numbered nine Route of ro'd north, of range number eight west, thence on the most direct and eligible route to Grand River, at or near Parker's ferry, in the township of Plainfield, in the county of Kent, thence to the village of Grand Rapids in said Kent county. Sec. 2. The above named commissioners shall file so much of the survey of the above mentioned road in the office of the township clerk of each township through which the said road shall pass as shall be laid out in such township, and it shall be the duty of the several township clerks to record the same in their respective township books, and post the notice required by law: Provided, The decision of the said commissioner in regard to the laying of said road may be appealed from, as in case of the laying out of roads by the highway commissioners of the several townships. Sec. 3. That it shall be the duty of the commissioners of highways in the several townships through which said road may pass to open and work said road in the same manner and by virtue of the same law as township roads are required to be opened and worked. Sec. 4. The state shall not be liable for any expense incurred or damages sustained by reason of this act, and in case the road mentioned in the preceding sections of this act shall not be laid out and established within two years from the passage of this act, the provisions therein contained shall be void. Sec. 5. This act shall take effect and be in force from and after s passage. Approved March 27, 1848. No. 121. AN ACT to incorporate the Howell Academy. Howell aca porated. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Josiah Turner, F. C. Whipple, demy incorElijah F. Burt, Alvan Isbell, Gardner Wheeler, Geo. W. Lee, John Kenyon, Jr., Almon Whipple and Edward E. Gregory, together with such other persons as may be associated with them and may become stockholders of the incorporation hereby created, shall be and they are hereby constituted and declared a body corporate and politic, by the name and style of "Howell Academy," and in their corporate name may sue and be sued, defend and be defended, in all courts of this state; may have a common seal, which they may renew or change at pleasure; and shall have, enjoy and exercise all the powers, rights and privileges which appertain to corporate bodies for the purposes expressed in this act. Sec. 2. The capital stock of said corporation shall not exceed ten Capital. thousand dollars, and shall be divided into shares of five dollars each. purpose of Sec. 3. The said corporation hereby created shall be capable in law Powers and of acquiring and holding, by purchase, gift, grant, bequest or other-incorporati'n wise, and of selling and conveying or leasing any estate, real, personal or mixed, for the purposes mentioned in this act and none others; and the trustees thereof and their successors in office shall have full power to make and enter into contracts, to establish rules and by-laws as they may deem necessary for the good government of the said academy, and for the holding and disposing of its property and effects for the purposes mentioned in this act, not inconsistent with the constitution and laws of this state. Trustees, duties; their classification &c. Sec. 4. There shall be nine trustees of the said corporation, who shall be stockholders thereof, and who shall manage and control all the powers and affairs of the same, maintaining perpetual succession; three of whom shall be elected at the annual meeting in each year, to fill the vacancy of a like number whose term of office shall expire upon the election of their successors; and the persons named in the first section of this act shall be the first trustees; and the said nine trustees shall, at their first meeting, proceed to cast lots for the terms of one, two and three years, by drawing numbers; and the three persons who shall draw the Meetings of stockholders Officers. Subscripti'ns to capital stock. Trustees to establish a Howell. three highest numbers shall hold their office for the term of three years from and after the first day of January, one thousand eight hundred and forty-eight; and the three persons who shall draw the next three highest numbers shall hold their office for the term of two years from and after the first day of January, one thousand eight hundred and forty-eight; and the remaining three persons shall hold their office for the term of one year from and after the first day of January, one thousand eight hundred and forty-eight. Sec. 5. There shall be a meeting of the stockholders of said corporation on the first Monday of January, one thousand eight hundred and forty-nine, and on the first Monday in January in each succeed. ing year, at some convenient place in the village of Howell, to be designated by the by-laws of said corporation; and a majority of the stockholders who shall meet in person or by proxy shall elect three of the stockholders to be trustees in the place of those whose term may expire, each person being entitled to one vote for each share he may hold in his own right or by proxy. Sec. 6. The said trustees shall have power to choose from their own number a president, treasurer and secretary, who shall hold their offices during the pleasure of the said trustees; and in case any of the trustees shall die, resign, refuse or neglect to act, the remaining trustees may, within thirty days after any such vacancy shall occur, elect by ballot other trustees of stockholders of said corporation to fill such vacancy. Sec. 7. The said trustees are authorized to receive subscriptions for shares to the capital stock of said corporation, and such shares shall be assignable and transferable agreeably to such by-laws as the said trustees shall from time to time establish, and shall in law be considered personal property. Sec. 8. The said trustees are hereby empowered and authorized to cademy at establish in the township of Howell in the county of Livingston, an institution for the instruction of young persons in the various branches of literature, science and the arts, and shall faithfully apply the funds by them from time to time received under the provisions of this act, in providing suitable buildings, employing professors and teachers, procuring books, maps, philosophical and other apparatus necessary to insure a successful prosecution of study in said institution. oft tees and stockholders to be published annu Sec. 9. The said trustees shall, at least ten days previous to each List of trusannual election of trustees as aforesaid, cause a list of the names all the trustees and stockholders of said corporation, together with a ally. statement of the amount of stock owned by each, duly authenticated by affidavit, to be filed in the office of the county clerk of the county of Livingston, and the said list and statement shall be prima facia evidence that the individuals therein named are the trustees and stockholders of said corporation, and that the statement of the stock is the amount owned by each individual respectively. tation of aca Sec. 10. That said academy shall be subject to the annual visitation Annual visi of the superintendent of public instruction, and the trustees of said demy. academy shall annually, on or before the twelfth day of October in each year, make to said superintendent a full report of the literary and pecuniary condition of said academy, trustees in Sec. 11. In case it shall at any time happen that an election of trus- Election of tees shall not be made on any day, when pursuant to this act it ought to certain cases have been made, the said corporation shall not for that cause be dissolved, but it shall and may be lawful to assemble on any other day to hold an election for trustees, in such manner as shall be provided by the by-laws and ordinances of said corporation. gen'l provis Sec. 12. Said company shall be subject to the provisions of chapter gubject to fifty-five of the revised statutes of eighteen hundred and forty-six so ions relative far as the same may be applicable. Approved March 27, 1848. to corpora- No. 122. AN ACT to amend section five of chapter twenty of the revised statutes of eighteen hundred and forty-six, in relation to the assessment of taxes. utee amend Section 1. Be it enacted by the Senate and House of Representa- Revised stat tives of the State of Michigan, That section five of chapter twenty ed." of the revised statutes of eighteen hundred and forty-six be and the same is hereby amended by striking out the first subdivision of said section. Sec. 2. This act shall take effect and be in force from and after its passage. Approved March 27, 1848. Incorporat'n real estate. No. 123. AN ACT to incorporate the Douglas Houghton Mining Company' Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Elon Farnsworth, Henry Ledyard, C. C. Douglas, John R. Grout, and others who shall become associated with them, are hereby constituted a body corporate by the name of the Douglas Houghton Mining Company, for the purpose of mining, smelting and manufacturing ores, minerals and metals in the upper peninsula of the state of Michigan. Sec. 2. The said company shall have corporate succession; its capCapital and ital stock shall be three hundred thousand dollars, divided into shares of one hundred dollars each, and said company may acquire and hold such real and personal estate in the upper peninsula of Michigan, as the business of the company may require, to an amount not exceeing the capital stock of said company. Officers. Annual tax. Sec. 3. The officers of said company shall consist of a president, a board of five directors, of whom the president shall be one, a secretary and treasurer, who may at the pleasure of the company be one and the same person; and the said company may levy assessments on the shares of its stock, and forfeit and sell the same for non-payment of any such assessment, in such manner as said company may by its bylaws prescribe: Provided, That one of the directors of said company shall at all times be a citizen and resident of the state of Michigan, upon whom service of all process against said company may be made, and the same shall be deemed a valid service thereof upon said Douglas Houghton Mining Company. Sec. 4. The said company shall pay to the treasurer of the state an annual tax of one per cent. on the whole amount of capital actually paid in upon the capital stock of said company, and also upon all sums of money borrowed by said company, which tax shall be paid on the first Monday of July in each year, and shall be assessed upon the last preceding report of said company, and for that purpose, Annual re- the president and secretary thereof, shall, on the first day of January in each year, or within fifteen days previous thereto, make under their hands a return to the State Treasurer, verified by their several oaths, stating the amount which has been actually paid in on the capital stock of said company, and also the whole amount of money which at any port. |