of,

Failure to

the hold regular

election no

for forfeiture of

Sec. 9. In case it shall at any time happen that an election directors of such company shall not be held at the time or at place designated for such election, the corporation shall not that reason be deemed to have been dissolved, and it shall be lawful for the stockholders of such company to hold a meeting for such election, at such other time as may be designated by a majority of such stockholders.

charter.

rectors,

Sec. 10. The said directors shall from time to time faithfully ap. Duties of diply all moneys and means of whatever name or kind by them collected or acquired, to the use of said company, according to their best judgment, in purchasing a sufficient quantity of land and erecting thereon a building or block of buildings in the said township of Battle Creek, to be divided and used as hereinbefore designated, and after such building or block of buildings shall be completed, to dis. pose of any surplus means or the profits arising from the investment in such manner as shall be directed by the rules and by laws of the company.

process on

Sec. 11. All process against said company shall be by summons, Service of and shall be served by leaving an attested copy thereof with the company. president or secretary, at least ten days before the return day there. of, and in case of the absence of the said president and secretary, at the place of abode of one of them.

Sec. 12. The stockholders of such company shall be jointly and severally liable for the debts of said company: Provided, That no execution shall issue against the individual property of any stockholder, until the property of said company shall have been first exhausted.

Liability of

stockhold's

Sec. 13. The legislature may, at any time, alter, amend or repeal Right of re

this act.

Sec. 14. This act shall take effect and be in force from and after

peal, &c.

[No. 115. ]

AN ACT to incorporate the Battle Creek and Dry Prairie Plank

Road Company.

Section 1. Be it enacted by the Senate and House of Representa- Incorporatives of the State of Michigan, That Charles L. Miller, William H.

Route of

ruad.

Capital.

abarter.

Cross, of St. Joseph county, Benjamin F. Ferris, Martin Kellogg and Hiram Doubleday, of Branch county, Asahel Stone, William Brooks, Jonathan Guernsey and Russell Alvord, of Calhoun county, be, and they are hereby appointed commissioners, under the direction of a majority of whom subscriptions may be received to the capital stock of the Battle Creek and Dry Prairie plank road company, and 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 corporate and politic by the name and style of the Battle Creek and Dry Prairie plank road company, with corporate succession.

Sec. 2. Said company hereby created shall have power to lay out, establish and construct a plank road, and all necessary buildings, from the village of Battle Creek, in the county of Calhoun, on the most eligible and direct route, to Dry Prairie, in the township of Athens, in said county, with the privilege to extend the same from thence on the most eligible route to some point on the St. Joseph river, in the town of Colon or Leonidas, in St. Joseph county.

Sec. 3. The capital stock of said company shall be thirty thousand dollars to be divided into one thousand and two hundred shares of twenty-five dollars each, with the power to increase said capital stock to fifty thousand dollars with a corresponding increase of the number of shares. If within two years from the passage of this act, the commissioners shall not proceed to estimate the length of said road and cause books to be opened for the subscription of stock to said company, and if within four years after the passage of this act they shall not have commenced the construction of said road and actually paid in ten per cent of the capital stock of said company, then this act shall be null and void.

Duration of Sec. 4. This act shall be and remain in force for the term of sixty years from and after its passage, but the legislature may, at any time, alter, amend or repeal this act by a vote of two-thirds of each branch thereof; but such alteration, amendment or repeal shall not be made within thirty years of the passage of this act, unless it Amendmen shall be made to appear to the legislature that there has been a violation by the company of some of the provisions of this act: Provided, That after said thirty years, no alteration or reduction of the tolls of said company shall be made during its existence, unless the yearly net profits of said company, over and above all expenses, shall ex

repeal, &c.

ceed ten per cent. on the capital stock invested, provided there be no violation of the charter of said company.

visiona

Sec. 5. The provisions of an act entitled an act relative to plank Generalp roroads, approved March thirteenth, eighteen hundred and forty-eight, shall be and are made a part of this act, so far as they do not contravene the provisions of this act.

Sec. 6. This act shall take effect from and after its passage.
Approved March 21, 1849.

[ No. 116. ]

AN ACT to authorize certain Indians to convey lands in the county of Allegan.

dians autho

vey land

of judge of

Section 1. Be it enacted by the Senate and House of Represen- Certain Intatives of the State of Michigan. That George Shu-shaw-a-ne-bi-si, rized to conalias Matagama, oldest son and heir of Peter Shu-shaw-a-ne-bi-si, with assent deceased, is hereby authorized and empowered to sell and convey, probate. by deed, the following described parcel of land, owned by the said Peter Shu-shaw-a-ne-bi-si, deceased, to wit: the east half of the east half of the south east quarter of section four, town four north of range fifteen west, containing forty acres of land; and that Amimekese Nawabano, brother of Joseph Nawabano, deceased, is hereby au thorized and empowered to sell and deed the following described parcel of land owned by the said Joseph, at the time of his decease, to wit: eight acres situate in the south east corner of the north west fractional quarter of the north east quarter of section three of town four north of range fifteen west, all of which lands are situated in the colony of Old Wing, Allegan county: Provided always, That George N. Smith, missionary in the colony to which said Indians belong, shall consent to all sales of land made by authority of this act, and shall endorse his approval of such sale upon the deed or deeds executed: And provided further, That the judge of probate of the county of Allegan, shall also consent to any sale made, or deed given by authority of this act, and signify such consent in writing, upon such deed or deeds.

Sec. 2. Any deed made under the provisions of this act, and executed according to existing laws. and approved by said George N. Smith, and said judge of probate as herein provided, shall be valid to pass the intent authorized to be conveyed by this act.

Sec. 3. This act shall be in force from and after the 1st day of

June next.

Approved March 21, 1849.

[No. 117. ]

Ace 52 chap

mended.

AN ACT to amend section fifty-two of Chapter twenty of the Revised Statutes of 1846.

Section 1. Be it enacted by the Senate and House of Represen20 of RB atatives of the State of Michigan, That section fifty-two of chap. ter twenty of the revised statutes of eighteen hundred and fortysix, shall be amended by adding at the end of said section the words, "and said treasurer shall account to the township board for the per cent. added for collection expenses on all non-resident lands returned to the county treasurer."

its

Sec. 2. This act shall take effect and be in force from and after passage.

Approved March 21, 1849.

Minor au

convey teal estate on certain conditions.

[ No. 118. ]

AN ACT to authorize James S. Pitts to convey real estate.

Section 1. Be it enacted by the Senate and House of Representhorized to tatives of the State of Michigan, That James S. Pitts, a minor, of the county of Kalamazoo, be and he is hereby empowered to sell and convey to George Thomas, or any other person of said county, any real estate of which the said James S. Pitts may now be the owner; which conveyance, when made, acknowledged and recorded in accordance with the laws of this state, shall be as effectual and valid as if the said James S. Pitts, at the time of such conveyance. was of full age: Provided, The approval of the judge of probate of the county of Kalamazoo shall be first obtained and endorsed upon the instruinent of conveyance.

Sec. 2. This act shall take effect and be in force from and after its passage.

Approved March 22, 1849.

[ No. 119. ]

AN ACT to incorporate the Niles and Mottville Plank Road

Company.

tion.

Section 1. Be it enacted by the Senate and House of Representa- Incorporatives of the State of Michigan, That James L. Glenn, Hiram F. Mather, J. M. Finley, Henry B. Hoffman, Nathaniel Bacon, George Meacham, Ezra Hatch, Moses Joy, Hiram Hollibard, Orin E. Thompson, Henry Follett, and Norman Sage, be, and they are hereby appointed commissioners, under the direction of a majority of whom subscriptions may be received to the capital stock of the Niles and Mottville plank road company, and 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 corporate and politic by the name and style of the Niles and Mottville plank road company, with corporate suc

cession.

road.

Sec. 2. Said company hereby created shall have the power to lay Route of out, establish and construct a plank road, and all necessary buildings, from the village of Niles, in the county of Berrien, to the village of Mottville, in the county of St. Joseph. Said road shal be constructed by the way of the village of Edwardsburgh and Adamsville, or Cassopolis, in the county of Cass.

shar's there

of.

Duration of charter,-its amendment

Sec. 3 The capital stock of said company shall be one hundred capital and thousand dollars, in four hundred shares of twenty-five dollars each. Sec. 4. This act shall be and remain in force for the term of sixty years from and after its passage, but the legislature may, at any time, alter, amend, or repeal this act by a vote of two-thirds of repeal, &c. each branch thereof; but such alteration, amendinent or repeal shall not be made within thirty years of the passage of this act, unless it hall be made to appear to the legislature that there has been a violation by the company of some of the provisions of this act: Provided, That after said thirty years, no alteration or reduction of the tolls of said company shall be made during its existence, unless the yearly net profits of said company, over and above all expenses, shall exceed ten per cent. on the capital stock invested, provided there be no violation of the charter of said company.

Sec. 5. The provisions of an act entitled an act relative to plank General pro

visions.