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pany," approved March twenty third, eighteen hundred and fortyeight, be amended by adding to section two of said act the following: "As soon as said company shall be duly organized the board of directors thereof are hereby authorized to enter upon, take possession of so much of the Chicago turnpike, so called, as lies between the city of Detroit and the village of Saline, and proceed to construct and maintain thereon a plank road: Provided, That during the construction of said plank road, the said company shall in no wise prevent or improperly obstruct the usual track thereon; Provided further, That nothing herein contained shall be construed as conveying any other or further right in said Chicago turnpike, than the state as such possesses," so that said section as amended shall read as follows:

"Sec. 2 Said company hereby created shall have the power to lay out, establish and construct a plank road and all necessary buildings from the city of Detroit, in the county of Wayne, to the village of Saline, in the county of Washtenaw, by the way of Ypsilanti, with the privilege of constructing a branch from the village of Wayne, to the village of Schwarzburg, in the county of Wayne, and also from the village of Ypsilanti to Ann Arbor, in the county of Washtenaw. As soon as said company shall be duly organized, the board of directors thereof are hereby authorized to enter upon, take possession of so much of the Chicago turnpike, so called, as lies between the city of Detroit and the village of Saline, and proceed to construct and maintain thereon a plank road: Provided, That during the construction of said plank road, the said company shall in no wise prevent or improperly obstruct the usual track thereon: Provided further, That nothing herein contained shall be construed as conveying any other or further right in said Chicago turnpike, than the state as such possesses."

Sec. 2. The said company shall cease to be a body corporate, if, within three years from and after the passage of this act, it shall not have commenced the construction of the road, and actually expended thereon at least ten per cent. of the capital stock of said company.

Approved March 28, 1849.

[ No. 144. ]

AN ACT to authorize the minor heirs of the late Jesse Tuttle, deceased, to convey certain real estate.

thorized to

approval of

judge.

Section 1. Be it enacted by the Senate and House of Represen- Minors autatives of the State of Michigan, That the minor heirs of the late conv'y, with Jesse Tuttle, deceased, of the village of Walled Lake, county of probate Oakland, and state of Michigan, to wit: Ann Tuttle, George Tuttle, Jane Tuttle and Joseph Tuttle, be and they are hereby authorized to execute good and sufficient deed or decds of conveyance, to any person or persons, of all, or any part of the lands by them owned, situated in said village of Walled Lake. And any such deed or deeds hereby authorized to be executed by said heirs, when properly made, acknowledged and recorded, shall be as effectual, valid and binding as if the said minor heirs were, at the time of the execution thereof, of full legal age: Provided, That no such conveyance shall be of any effect unless the judge of probate of said county of Oakland, shall, under his hand and seal of office, certify on such deed his approval of the sale and conveyance of such land.

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

Approved March 28, 1849.

[No. 145. ]

AN ACT to vacate a portion of the map or plat of the town of

Lyons, in the county of Ionia.

plat of Ly

by consent

proprietors.

Section 1. Be it enacted by the Senate and House of Represen- Part of the tatives of the State of Michigan, That so much of east Water street ons vacated as lies north of the north line of south Bridge street, and west of the of certain west line of Prairie street, and so much of a certain street as lies west and north of block seventy-five according to the recorded map or plat of the town of Lyons, in the county of Ionia, be and the same is hereby vacated: Provided, The consent in writing of the owners of the lands adjoining the said streets be first had and ob tained and recorded in the office of the register of deeds of said county. Sec. 2. This act shall take effect and be in force from and after passage.

its

Approved March 28, 1849.

[ No. 146. ]

Incorpora

Route of

road.

Capital and shar's thereof.

Duration of

amendment,

repeal, &c.

AN ACT to incorporate the Battle Creek and Hastings Plank
Road Company.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Alonzo Noble, Jonathan Hart, Reuben Pew, E. K. Ward, of Calhoun county, William P. Bristol, Salmon C. Hall, Henry A. Goodyear, Alvin W. Bailey and Nathan Barlow, jr., of Barry 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 Hastings 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 Hastings plank road company, with corporate succession.

Sec. 2. Said company hereby created shall have the power to lay out, establish and construct a plank road, and all necessary buildings, from Battle Creek, in Calhoun county, to Hastings, in Barry, on the most eligible route.

Sec. 3. The capital stock of said company shall be forty thousand dollars in two thousand shares of twenty dollars each.

Sec. 4. This act shall be and remain in force for the term of sixcharter-its ty 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 the members of each branch thereof; but such alteration, amendment or repeal shall not be made within thirty years from the passage of this act, unless it shall be made to appear to the legislature that there has been a violation by the company 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.

General pro

visions.

Sec. 5. The provisions of an act entitled an act relative to plank roads, approved March thirteenth, eighteen hundred and forty-eight, shall be, and are made a part of this act.

Sec. 6. This act shall take effect and be in force from and after its passage.

Approved March 28, 1849.

[No. 147. ]

AN ACT to authorize the plats of the villages of Orion and New
Canandaigua City, in the township of Orion, in the county of
Oakland, to be recorded.

Whereas, The original proprietors of said villages neglected to Preamble. acknowledge and record the plats thereof as by law required, and Whereas, Said plats were filed and now remain in the office of the register of deeds of said county; therefore,

Register of

record plate.

Section 1. Be it enacted by the Senate and House of Represen. tatives of the State of Michigan, That the register of deeds of Oakland to the county of Oakland be and he is hereby authorized and required as soon as may be, to record in his office the plats of the villages of Orion and New Canandaigua City, in the township of Orion, in said county of Oakland.

therefor.

Sec. 2. Said register shall not be compelled to record said plats How paid until paid or tendered a reasonable compensation by the proprietors or other persons interested therein, and in case the register and proprietors or other persons cannot agree upon the price to be paid for such recording, the county treasurer and the chairman of the board of supervisors of said county shall determine the same, whose deeision shall be conclusive.

Sec. 3. This act shall take effect and be in force from and after its passage.

Approved March 28, 1849.

[No. 148. ]

AN ACT to authorize the Highway Commissioners of the townships of Eaton and Benton, in Eaton county, to alter a certain State Road in said county.

certain

commies're.

Section 1. Be it enacted by the Senate and House of Represen- Duties of tatives of the State of Michigan, That the highway commissioners highway of the townships of Eaton and Benton, in the county of Eaton, be and they are hereby authorized and empowered to discontinue and relay any portion of the Clinton road which passes through their respective townships.

Sec. 2. The said commissioners are hereby required to cause the survey or alteration of said Clinton road to be filed with the

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township clerk of the town in which such road is altered and relayed, who is hereby required to record the same in the book of records for roads in said township.

Sec. 3. This act shall take effect and be in force from and after

its passage.

Approved March 28, 1849.

Certain alleys in Al

[No. 149. ]

AN ACT to vacate certain alleys in the village of Albion, in the
County of Calhoun.

Section 1. Be it enacted by the Senate and House of Represen Lion vacaca tatives of the State of Michigan, That the alley in block thirty-one, (31) and the alley in block sixty-two, (62) in the village of Albion and county of Calhoun, be, and the same are hereby severally vacated.

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

its passage.

Approved March 28, 1849.

Incorpora

tion.

Style & title

[ No. 150. ]

AN ACT to incorporate the Lansing Coal Company.

Section. 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Richard R. Lansing. Bela Hubbard, Cristopher C. Douglass, Henry N. Walker and Samuel Lewis, all of the city of Detroit, and such others as may be associ ated with them, are hereby incorporated and constituted a body corporate and politic for the purpose of excavating, quarrying and mining, and carrying to market, mineral coal and any other inaterial needed for useful purposes. And the said five persons above named are hereby appointed directors of this corporation, until directors shall be chosen as hereinafter provided.

Sec. 2. This corporation shall be a person in law or body corpo rate and politic in fact, and in the name, style and title of the Lansing coal company, and by that name have succession, and shall be capable of suing and being sued, in all courts, and in all manner

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