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to be notifi'd

Sec. 3. The Secretary of the State is hereby directed, whenever Com'r of l'nd any lot or lots shall be selected as above prescribed, to notify in writing, the Commissioner of the Land Office of such selection, particalarly describing the lot or lots selected, and upon receiving said notice the Commissioner of the Land Office shall withhold said lot or lots from sale until he shall receive notice from the Secretary of State, whose duty it shall be to give the same, that such lot or lots have not been accepted.

Sec. 4. The Governor, Secretary of State and Auditor General may, in their discretion select one or more blocks of the said town plat any where on the school section, for a burial ground, and upon filing a proper description of the block or blocks selected in the office of the Secretary of State, said block or blocks so selected shall be appropriated for that purpose.

Sec. 5. This act shall be in force from and after its passage.
Approved April 3, 1848.

Burial

ground.

No. 232.

AN ACT relative to circuit courts and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That if in any civil suit or criminal prosecution in any circuit court of this state, any question of law shall arise which, in the opinion of the presiding judge, shall be so important or doubtful as to make it advisable to require the opinion of the supreme court thereon, he shall report the case, so far as may be necessary to present such question of law, and transmit the same with all convenient speed to the clerk of the supreme court in the judicial circuit where the same originated; and when received by said clerk he shall file the same in his office and keep the same until the next session thereof, when he shall present the same to the chief justice or one of the associate justices of the supreme court; and the same shall be heard and determined by said supreme court to be held in the circuit within which said suit is pending, and the opinion of the supreme court thereon shall be certified, with such instructions as to said supreme court may be necessary, to the said court; and all proceedings on the judgment below shall be stayed until the decision of the su

Case may be reserved for sup. court.

Supersedeas may be gran

preme court shall be made and certified back to said circuit court, in which the cause originated.

Sec. 2. Either of the judges of the supreme court may grant writs to in vaca- of supersedeas and prohibition in vacation, on good cause shown; the

tion.

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When bills

may be tendered, &c.

party obtaining such writ giving such security by bonds or recogni zance to the opposite party as the judge, according to the usage of law shall require.

Sec. 3. That in all cases where a notion for a new trial or in arof exception rest of judgment has heretofore been duly made in any of the circuit courts in this state, and the term at which such motion was made has passed, without giving the parties an opportunity to be heard thereon, or where the court have not given their opinion on such motion, before the next succeeding term the said parties may in all such cases perfect and tender their bills of exceptions, and have the same signed by the court at any time within thirty days after the decision of the court upon such motion; and the said bill of exceptions shall constitute a part of the record in such case in the same manner as if it had been tendered and allowed before the ending of the term at which such motion was made, or such case may be reserved by the presiding judge in manner provided for in this act, and be heard before the supreme court in conformity to this statute, and it shall be the duty of the presiding judge, or in case he cannot for any cause act, of any other judge of the supreme court, in all such cases to allow, sign and seal such bills of exception in like manner as if they had been presented and agreed on before the end of the term at which such motion was made, any law to the contrary notwithstanding.

Sec. 4. This act shall take effect and be in force from and after its passage.

Approved April 3, 1848.

No. 233.

AN ACT relative to the Insurance on Lives for the benefit of Married

Women.

Section 1. Be it enacted by the Senate and House of Representa lives of the State of Michigan, That it shall be lawful for any mar

man may in

eure life of

husband, &c.

ried woman, by herself, and in her name, or in the name of any third Married wo person, with his assent, as her trustee, to cause to be insured for her sole use, the life of her husband or the life of any other person, in any life insurance company of any nature whatever, located in either of the states of the United States of America or in Great Britain, for any definite period, or for the term of his natural life; and in case of her surviving her husband or such other person insured in her behalf, the sum or nett amount of the policy of insurance due and payable by the terms of the insurance, shall be payable to her, to and for her own use, free from the claims of the representatives of her husband, or of such other person insured, or of any of his creditors, but such exemption shall not apply where the amount of premium annually paid shall exceed the sum of three hundred dollars.

When insu

be payable

dren.

Sec. 2. In case of the death of the wife before the decease of her husband, or of such other person insured, the amount of the insurance rance may may be made payable after her death to her children, for their use and to her chil to their guardian if under age, or the amount of the policy may be disposed of by such married woman by a last will and testament. Sec. 3. This act shall take effect and be in force from and after its passage.

Approved April 3, 1848.

No. 234.

AN ACT to incorporate the Oakland and Ottawa Rail Road Company.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Gurdon Williams, Edward A. Brush, H. C. Thurber, Alfred Williams, Bowman W. Dennis, John Com'rs appointed. Hamilton, C. P. Bush, W. A. Richmond and Charles Shepherd, be and they are hereby appointed commissioners, under the direction of a majority ofwhom subscriptions may be received to the capital stock of the Oakland and Ottawa Railroad Company hereby incorporated, and they may cause books to be opened at such times and places as they shall direct, for the purpose of securing subscriptions to the capital stock of said company, first giving thirty days' notice of the times and places. of taking such subscription, in some newspaper printed in the city of Detroit and in the villages of Flint, Pontiac and Grand Rapids: Pro

Capital.

Incorporat'd

Route and

of road.

vided, One dollar shall be paid on each share of said stock at the time of subscribing the same.

Sec. 2. The capital stock of said company shall be two millions five hundred thousand dollars, in twenty-five thousand shares of one hundred dollars each; and so soon as two thousand five hundred shares of said stock shall be subscribed, the subscribers thereto with such other persons as shall associate with them for that purpose, their successors and assigns, shall be and they are hereby created a body politic by the name and style of the Oakland and Ottawa Rail Road Company, with perpetual succession, 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 further, and in their corporate name may sue and be sued, may have a common seal which they may alter and renew at pleasure, and shall have, enjoy, and may exercise all the powers, rights and privileges which appertain to corporate bodies for the purposes mentioned in this act.

Sec. 3. Said company hereby created shall have power to construct description a rail road with a double or single track from the village of Pontiac, in the county of Oakland, to Lake Michigan, in the county of Ottawa, in the state of Michigan, passing it through the most desirable and eligible route, by the way of Fentonville, with power to take, transport and carry property and persons upon the said rail road, or any part thereof herein authorized to be constructed, by the power and force of steam or of animals, or of any mechanical or other power, or of any combination of them which the said company may choose to apply.

When road to be com

menced.

1st meeting

of subscri

bers.

Sec. 4. If said corporation shall not within five years after the passage of this act, commence the construction of the said rail road, and shall not within fifteen years from the passage of this act, construct, finish and put in operation the whole of said rail road, then the rights, privileges and powers of the said corporation shall be null and void, so far as it regards such part of said rail road as shall not be finished within the periods limited by this act.

Sec. 5. Whenever twenty five hundred shares of the capital stock shall have been subscribed, if within two years from the passage of this act, the commissioners shall call a meeting of the subscribers, at 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 holder thereof to one vote, either by himself in person or by proxy.

be chosen

Sec. 6. To continue the succession of president and directors of said company, seven directors shall be chosen annually on the first Directors to Monday in September, at such place as may be appointed by the direct- annually. ors; 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. president and directors of said company shall hold their office until a 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.

The

General

Sec. 7. A general meeting of the stockholders of said company shall be held annually at the time and place appointed for the election meeting. 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 transacting 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.

Sec. 8. At each annual meeting of the stockholders of said compa

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