Annual'state

ment of off ny, it shall be the duty of the president and directors in office for the

eers.

directors.

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 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, Powers of 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 by-laws 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. But the said company shall have power and authority to build, own, hire and use, in the navigation of the lakes and the rivers and waters connecting the same, one or more boats or vessels, for the purpose of transporting persons and property to and from the ports upon said waters, and to receive such remuneration therefor as may seem just and proper, and to exercise all the power in relation to the management of such boats or vessels as an individual might lawfully do.

Co. may ap

Sec. 10. For the purpose of constructing said rail road or way, propriate & use lands, &c 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 connection 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.

of others.

Sec. 11. The said company, and under their direction their agents, May enter servants and workmen, are hereby authorized and empowered to enter upon lands into and upon the lands and grounds of or belonging 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 scts 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 felling of 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

May receive grants of lands, &c.

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, upon 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 occupiers of said lands, tenements and hereditaments, before appropriating the same to the construction of said road.

Sec. 12. The said company shall have power and authority to receive, 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, maintenance 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, 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 conveyances 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 occu of damages. piers 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 or occupiers, or either or any of them, be a femme 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

Assessment

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.

Sec. 13. Previous notice of such application shall be given to the owner or occupier of the land to be taken, either by personal service of such notice three days before making such application, or by a 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 section, 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 facia evidence of the facts therein set forth.

Notice ofassessment.

quest of da mages.

Sec. 14. The commissioner or judge to whom such application shall be made, shall thereupon proceed to the office of the clerk of said Jury of incounty, and direct him to draw twelve names from the petit jury box of the county, and the clerk shall thereupon draw twelve names from such box accordingly, and the said judge or circuit court com. missioner to whom such application was made, shall thereupon issue his warrant, under his hand and seal, inserting therein the twelve names so drawn by the clerk, and the twelve names so drawn from the petit jury box shall be thereupon deposited again by the clerk in said box, and the warrant so issued as aforesaid shall be directed to the sheriff of said county, or if the sheriff be interested,

equisition.

then to one of the coroners of said county, or in case the sheriff or coroners be jointly or severally interested, to some constable of said county, requiring him to summon the twelve persons whose names are inserted in such warrant, as jurors, to meet on or near the land or property, or materials to be valued, or touching which damages are to be assessed, on a day named in said warrant, not less than five nor more than ten days after the issuing of the same, and if, at the same time and place, any of the persons summoned do not attend, the said sheriff or coroner shall immediately summon as many as may be necessary, with the persons in attendance as jurors, to furnish a panel of twelve jurors, and from whom each party, or his, her or their agent or attorney, or if either be not present in person or by agent, the sheriff or coroner for him, her or them, may strike off three jurors, and the remaining six shall sit as a jury of inquest of damages, and before they act as such, the sheriff or coroner shall administer to each of them an oath or affirmation, that they will justly and impartially value the damages which the owners or occupiers have sustained or will sustain, by the use or occupation of the land, or the taking of the materials or other property required by the said company, and the said jury shall reduce their inquisition to writing, and shall sign and seal the same, and two originals of such inquisition shall be made and executed on the same day, one of which shall be delivered to said company, and the other to the party claiming compensation; and the property taken, and the boundaries of the land to be taken or occupied by the said company, touching which the inquisition is made, and a map thereof shall be set forth in such inquisition; and such inquisition shall be filed in, and shall also be confirmed by the circuit court of said county, at its next session, upon motion for that purpose made, if no sufficient cause to the contrary be shown, and when confirmed, the same shall be recorded by the clerk of such court, at the expense of said company, but if not confirmed, another inquisition may be taken in the manner above specified.

Sec. 15. And the money assessed as the valuation in any such inquisition, which shall have been confirmed, being paid or legally tenEffect of pay. at or ten tered to the party entitled to the same, the property so taken and valued shall immediately thereupon vest in such company as fully as if the same had been transferred by lawful deed by the owner or occu

der of dama