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Title or act amended.
Sec. 3. That the title of said act be and the same is hereby amended by striking out the word “mining and inserting the words "iron manufacturing," in lieu thereof, so that said title as amended shall read as follows: "an act to incorporate the Jackson iron man. ufacturing company of Jackson."
Approved April 2, 1819.
[ No. 223. ] AN ACT to incorporate the Grand Rapids Hydraulic Company.
Section 1. Be it enacted by the Senate and House of Represen. IncorporaTalives of the State of Michigan, That George Coggershali
, Thomson Sicclair, Charles Shepard, Canton Smith and James M. Nelson, and their present and future associates, their successors and assigns, be, and they are hereby created a body corporate and politic, by the name of the “President and directors of the Grand Rapids hydraulic company," and are hereby ordained, constituted and declared to be, forever hereaster, a body corporate and politic in fact and in name; and by that name, they and their successors shall, and they may have continual succession, and shall be persons in law, capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places, whatsoever, in all manner of actions, suits, complaints, matters and causes whatsoever, and that they and their successors may have a common seal, and make, change and alter the same at their pleasure; and also, thai they and their successors, by the same name and style, shall be in
law, capable of purchasing, holding and conveying any estate, Birul estate real and personal, for the use of said corporation, provided that the
real and personal estate so to be holden, shall be such only as shall be necessary to promote or attain the objects of this incorporation.
Sec. 2. That the capital stock of the said corporation shall no: stock-sub- exceed thirty thousand dollars, and that a share in the said stock liereto, &c. shall be fifiy dollars; and that subscriptions to the said capital stock
shall be opened, and kept open under the direction of said president and directors, until the whole number of shares subscribed amount 10 six hundred shares, when the said president and direct.
ors may commence operation under this act, and may make there. after, from time to time such regulations concerning further subscriptions to stock, as to thein shall seem proper to enable the said company to enlarge or carry into operation their works; and especially as to when further subscriptions to the capital stock may be opened and made, and what amount of stock, from time to time may be subscribed, until the whole, or any part of said capital stock shall be subscribed.
Sec. 3. That the stock, properly and concerns of said company Directors, shall be conducted and managed by five directors, who shall be of office, stockholders, and residents of the said village of Grand Rapids, &c. which directors shall hold their office for one year from the first Tuesday of May, in every year; and the said directors shall be elected on the first Tuesday in May in every year, at such time of day, and at such place within the village of Grand Rapids, as the directors for the time being, or a majority of them shall appoint; and public notice thereof shall be given by said directors, not less than twenty days previous to the time of holding the said election, by advertisement to be inserted in at least one public newspaper printed in said village; and the said election shall be made by such of the stockholders of the said company as shall aitend for that purpose in their proper persons, or by proxy, which proxies shall be stockholders, and all elections shall Le by ballot: and the five persons who have the greatest number of votes at any election shall be the directors: and if it shall happen at any election that two or more persons have an equal number of votes in such manner that a greater number of persons than five shall, by pluralily of voles, appear to be chosen as directors, then the said stock holders herein before authorized 10 vote at such election, shall proceed to ballot a second time and by plurality of votes de. termine which of the persons so having an equal number of votes shall be the director or directors, so as to complete the whole number of five. And the said directors as soon as may be after their elec. tion shall proceed in like manner to elect by ballot one of their number to be their president: and if any of the directors so to be elected, shall at any time remove out of the village of Grand Rapids, the office of such director or directors shall be considered as vacant: and if any vacancy or vacancies shall at any time happen among
Powers of directors.
Objects of incorpora Ciup and towers of Co. in reintion thcreto.
the directors by death, resignation, removal or otherwise, such vacancy or vacancies shall be filled, for the remainder of the year in which they may happen, by such person or persons as the remainder of the directors for the time being, or the major part of them shall appoint: That the first directors shall be George Coggershall, Thomson Sinclair, Charles Shepard, Canton Smith and James M. Nelson, who shall hold their offices until the first Tuesday of May next: and the said first directors, at their first meeting shall proceed to appoint their president.
Sec. 4. That the directors shall have power to appoint the time and place of all meetings for the despatch of business, to appoint all such officers, agents, clerks, superintendents and servants, as they shall deem necessary for carrying into effect the powers by this act vested in said company, and to establish rules and regulations for and concerning the conduct and government of such officers, agents, clerks, superintendents and servants.
Sec. 5. That it shall be lawful for the said company and any per: son or persons employed by them or acting under their authority, to enter into and upon, and freely to make use of, for the sole purposes contemplated by this act, any land which may be peces. sary for the purpose of conducting a plentiful supply of pure, wholesome water to the said village, for the use of the inhabitants of said village, and to supply reservoirs for extinguishing of fires. Said supply of water shall be obtained from the springs of water in and about said village; fron Cold Brook; from the lake or lakes, from which it has its source, or from either of them, and from no other source; and to erect any dam or other works across said Cold Brook or springs where they shall judge proper for the purpose of raising the water of said Cold Brook, springs, lake or lakes, and to construct, dig, or cause to be opened, any trenches for the con. ducting of such water from said springs, Cold Brook, lake or lakes, that they may see fit; and to raise and construct such dykes, mounds or reservoirs as they may judge proper for securing and conveying such supply of water as aforesaid to the said village. The said Grand River hydraulic company shall not use the water or improvements made or obtained under this act of incorpopation for the purpose of propelling any machinery, or for any other purpose than that of supplying the village of Grand Rapids with a pure,
wholesome supply of water for household purposes and domestic uses, and to supply reservoirs for the extinguishing of fires; and the said company shall not, in any manner, injure or interfere with uny water power; and to agree with the owner or owners of any play agree lands, tenements or hereditaments that may be damaged or affected land, &c.
for coinpenby any of the said operations, for and about a reasonable compensa-sation to be tion to be made to him, her, or them for such lands, tenements or for. hereditaments, or the use thereof, as may be used or occupied for the purposes aforesaid, or any of them, or for any damage which he, she or they or any of them may sustain, by the employing, diverting or obstructing any such stream or streams, or using any such lands, or the cutting, laying, raising or making any such reservoirs, aqueducts, canals, trenches, pipes, conduits, dykes or mound; as aforesaid, but in case of any disagree nent, or in case Proccedings the owner of any such lands, tenements or hereditaments, shall be disagre. femme covert, under age, non compos mentis, or out of the state, then it shall be lawsul for the judges of the supreme court of this state, or any one of them, upon the application of either party, to nominate and appoint three indifferent persons to view, examine and survey the said lands, tenements and hereditaments, and to estimate the injuries sustained as aforesaid, and to report thereupon Report of
jury of rirw to the said judge or judges, without delay, and upon the coming of such report, and the confirmation thereof by the said judge or judges, upon. the said president, directors and company shall pay to the said owners respectively, the sums mentioned in such report, in full compensation for the said lends, tenements and hereditaments, or for the injury sustained as a foresaid, as the case may be. And upon such payment, the properly so taken and valued shall immediately thereupon vest in said company as fully as if the same had been transferred by lawful deed by the owner or occupier thereof, for such term of time as the same may be required for the purposes author. ized by this act; and in case the party entitled to receive such money shall not appear before she said judge or judges, and make claim to such lands, or shall not appear to demand or accept the money assessed as the valuation in any such case, then a deposit with the treasurer of the county of Kent, of the amount of money assessed as the valuation or damages in manner as aforesaid, together with a certified copy of the said report, shall be considered equiv
alent to a payment or a tender thereof to the person entitled to the same; and the treasurer of said county shall receive and keep account of all moneys so received into lhe said county treasury, and shall pay them to the parties entitled thereto, on the order of the said judge or judges, for said county; and such assessment of damages when confirmed, shall have the effect of a judgment, and execution may be ordered to issue thereon against said company, in favor of the person or persons to whom damages were awarded in manner aforesaid, and confirmation thereof, at the expiration of sixty days from the time of such confirmation, unless prior thereto said company shall have satisfied the damages found or assessed in manner aforesaid. The said three indifferent persons to be appointed as viewers, and to appraise the damages as aforesaid, shall receive such compensation for their services as the said judge or judges may, in their discretion deem proper and just, which shall be paid by the said company upon the order of said judge or judges. And the said company and all those who have acted under them, shall be acquitted from, and freed from responsibility for or on account of any such injury. But nothing in this section shall be construed to grant any rights, or give any privileges inconsistent or repugnant to the constitution of this state or of the United States.
Sec. 6. Whenever application shall be made to the said judge or forma pariin judges by either party to nominate three indifferent persons to view, file of data examine and survey the said premises as herein before prescribed,
for the purposes of ascertaining and assessing said damages, previous notice of such application shall be given to the owner or occupier of such premises, either by personal service of such nozice ten days before making such application, or by public advertisement, for three weeks previous to such application, in some news. paper printed in Kent county; and if there be no such paper print. ed in said county, then such notice shall be published in the state paper, if there be one; and if there be none, then in some newspa: per nearest the place where such works are proposed to be corstructed. Such notice to describe the lands, tenements and heredi: aments proposed to be taken by said company, or touching which damages are to be assessed, by the section or quarter section, or any other legal subdivision, or if in a village, by the section, block or number of the lot, or by some suitable or proper description. And