Sec. 3. Upon the completion of any job let in pursuance of this act, or of act number two hundred and eighty-five of the laws of eighteen hundred and forty-eight, in payment of the amount stipulated in the contract therefor, and also in payment for any labor performed or materials purchased by said commissioner for the purposes contemplated in said act, said commissioner may draw his orders upon the auditor general for warrants payable in internal improvement lands, reserved in pursuance of this act, which said warrants shall be received in the state land office in payment for any such lands not before sold: Provided, That the aggregate orders so drawn by said commissioner shall not exceed the amount of land appropriated by act number two hundred and eighty-five of the laws of eighteen hundred and forty-eight, at one dollar and twen. ty-five cents per acre. Sec. 4. Sections three and four of act number two hundred and eighty-five of the laws of eighteen hundred and forty-eight, are hereby repealed. Sec. 5. This act shall take effect and be in force from and after its passage. Approved March 28, 1849. Payment of contractor. [No. 141.] tion AN ACT to incorporate the Saginaw Bay Gypsum Company. Section 1. Be it enacted by the Senate and House of Representa- Incorpora tives of the State of Michigan, That William L. P. Little, James Fraiser, William McDonald and Russel Bishop, and others who shall become associated with them, are hereby constituted a body corporate, by the name of "the Saginaw bay gypsum company," for the purpose of making plaster, and business connected therewith, in the state of Michigan. shares Sec. 2. The said company shall have corporate succession, and Capital and its capital stock shall not exceed ten thousand dollars, divided into thereof. shares of twenty-five dollars each, and said company may acquire and hold such real and personal estate in the state of Michigan, as the business of said company may require, to an amount not excoeding the above named capital stock of said company. Officers. State tax & annual re Sec. 3. The officers of said company shall consist of a president, a board of five directors, including the president, who shall be one thereof, a secretary and treasurer, who may however, 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 by its by-laws may prescribe: Provided, That a majority of the said directors shall at all times be citizens and residents of the state of Michigan, upon whom service of all process against said company may be made, and such service shall be deemed a valid service on the said Saginaw buy gypsum company. Sec. 4. The said company shall pay to the treasurer of the state port of Co. of Michigan, an annual tax at the rate 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 estimated upon the last preceding report of said company, and for that purpose the president and secretary of said company shall, on the first day of January in each year, or within fifteen days thereafter, make, under their hands, a return to the state treasurer, verified by their several oaths, stating the amount which has actually been paid in on the capital stock of said company, and also the whole amount of money which at any time has been borrowed by said company; and said tax shall be in lieu of all state taxes upon all the personal property of said company, and in lieu of all state tax upon the real estate of said company; and any investment of any portion of the net profits of said company in the business of said company, shall be considered as so much capital paid in, and returned to the state treasurer accordingly. 1st meeting. General pro Visions. Sec. 5. The first meeting of said company shall be held at such time and place as the persons named in the first section, or a majority of them, shall appoint, by a notice to be published in one or more newspapers in the city of Detroit, at least thirty days before the time of such meeting, and all subsequent meetings of the stockholders and directors shall be held at such times and places as they by their by-laws may direct. Sec. 6. Said company shall be subject to the provisions of chap ter fifty-five, title ten, of the revised statutes of eighteen hundred and forty-six, so far as the same are applicable, and not inconsistent with the provisions of this act. habitants, ced, &c. Sec. 7. The inhabitants of this state shall have a lien upon the Lien of in stock, appurtenances, and entire stock of said company for all how enfor claims and demands not exceeding one hundred dollars each, against said company, originally contracted or increased within this state, which shall take precedence of all other claims or demands, judg ments or decrees, liens or mortgages against said company. fice. Sec. 8. The said company shall within six months after the first Business of election of the officers thereof, by a vote of the board of directors, locate a business office of said company within the territorial limits of the state of Michigan, and file in the office of the secretary of state, a certificate specifying the place of such location. charter-its repeal, &c. Sec. 9. This act shall take effect from and after its passage, and Duration of shall continue for thirty years from such passage; but the legisla- amendment, ture of the state may at any time alter, amend or repeal this act for any violation of the provisions of this charter: Provided, That nothing herein contained be construed to authorize said company to use or exercise any banking power, or banking privileges what ever. Approved March 28, 1849. [No. 142. ] tion. AN ACT to incorporate the Trustees of Mountain Home Cemetery. Section 1. Be it enacted by the Senate and House of Representa- Incorporatives of the State of Michigan, That Isanc Moffat, jr., Luther H. Trask, Jeremiah P. Woodbury, Alexander Buel, Horace Stark. weather. Nathaniel A. Balch, Epaphro Ransom, David B. Webster and Mitchel Hinsdell, and their successors, be and they are hereby constituted a body politic and corporate, by the name and style of the "Trustees of Mountain Home Cemetery," and by that name to have perpetual succession, and be capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all suits, complaints, matters and causes whatsoever in any court of law or equity, in this state; and to have a common seal, and to make all such by-laws, rules and Officers. Powers and duties of regulations (not repugnant or contrary to the law of the land) as they may deem necessary relative to said cemetery, and the good government and management thereof. Sec. 2. The said trustees shall elect one of their own number as president, another as secretary, and another as treasurer; that in case of the death, resignation, or removal of any of the trustees from the county of Kalamazoo, the other members shall elect a suitable person to supply every such vacancy; and vacancies happening in any of said offices, from any of said causes, shall be filled in the same manner; that said trustees may from time to time appoint a superintendent and such other officers or agents as they may deem necessary. Sec. 3. The said corporation may purchase and hold such real corporation estate as may be deemed expedient for the purposes of laying out and establishing a rural cemetery, to be reserved as a place of in ̧ terment, in the vicinity of the village of Kalamazoo, and to make additions to said real estate from time to time as may become necessary, either by purchase, gift, grant or otherwise; but all such estate, whether by original or subseq ent purchase, shall be reserved for no other purpose than for a cemetery, and such fixtures as shall be necessary to belong to it. And such real estate then purchased shall never be sold or converted to any other use forever hereafter, than the one expressed in this section; that the plat of said cemetery, to be adopted by the said trustees, or avenues, roads, walks or ground laid off and reserved for shrubbery or other ornamental pur poses, shall never be subject to be changed or altered. And all monies to be realized from the sale of lots after paying the original purchase price of said land, shall be appropriated at the discretion of the corporation to the improvement of said cemetery; or a portion of said avails to be set apart as a permanent fund. And the interest of which to be hereafter and forever annually expended in keeping the said cemetery in repair and good order. Ibid. Sec. 4. The said corporation shall cause a plat of said ground embracing all roads, alleys, lots, &c., to be put on record or on file in the office of the register of deeds for the county of Kalamazoo, and that the title to lots in said cemetery may be passed to individuals by a certificate to be signed by the president and counter signed by the secretary, under the corporate seal, but always sub empt from ject to the by-laws, rules and regulations which may be adopted by the trustees. And said certificates shall be recorded by the secretary of the corporation in a book to be kept for that purpose. Sec. 5. All lands now held or which may hereafter be acquired Property exby said corporation for the purposes aforesaid, shall be forever ex- taxes. empted from all public taxes and assessments, and from all liability to be sold on execution or for the payment of debts by assignment under any insolvent law. The said corporation may hold in trust any donation or bequest of property, and may apply the same or the income thereof in the improvement or embellishment of the cemetery, or for the erection, repair, preservation or removal of any receiving tomb, monument, or fence, or for the planting or cultivation of trees, shrubs, flowers, plants. in and around any cemetery lot, or for the improvement of said premises in any other form or manner conformable to the terms of said grant or bequest. Sec. 6. If any person shall wilfully destroy, mutilate, deface, in- Trespasses jure or remove any tomb, monument, gravestone or other structure thereof. or thing placed or designed for a memorial of the dead, or any fence, railing, curb or other thing intended for the protection or for the ornament of any receiving tomb, monument, gravestone, or other structure before mentioned, or of any enclosure for the burial of the dead; or shall wilfully destroy, mutilate, remove, cut, break or injure any tree, shrub or plant, placed or being within or around any such enclosure; the person so offending shall be punished by fine not exceeding five hundred dollars, nor less than ten dollars, or by imprisonment in the county jail not more than one year. Sec. 7. This act shall take effect and be in force from and after its passage, and shall be subject to the provisions of chapter fiftyfive of the revised statutes, as far as it is in accordance with the provisions of this act. Approved March 28, 1849. & penalties [No. 143. ] AN ACT to amend an act entitled "an act to incorporate the Do troit and Saline Plank Road Company." ed. Section 1. Be it enacted by the Senate and House of Represen- Act amendtatives of the State of Michigan, That section two of an act entitled "an act to incorporate the Detroit and Saline plank road com |