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, such affidavit to be made within three months after the last publication of such notice, shall be prima facia evidence of such facts set forth.

Company may enter

Sec. 7. That it shall be lawful for the said company hereby incorporated, and for all and every persons employed by, or under upon lands, them, for the purposes contemplated by this act, from time to time, to enter upon any lands contiguous or near to said stream, fountains, aqueducts, dams or other works, or the places which may be selected for, and intended to be used and employed for the same, with carts, wagons and other carriages, and beasts of draught and burthen and all necessary tools and implements both for executing and making, and also for altering and repairing said works, or any of them, and to take and carry away timber, stone, gravel, sand or earth, from the same, for the making, altering or repairing of the said works, or any of them, subject always to the making compensation for all actual damages thereby occasioned, either by agreement of parties or in the mode hereinbefore prescribed.

By-laws of

Sec. 8. That it shall be lawful for the president and directors of said company, from time to time, to make and establish such by-laws company. and ordinances as they may think fit and proper, and as may be consistent with the constitution and laws of this state and the United States, for conducting and managing the affairs of said company, and for conducting and preserving the said works and every of them, and for conveying, employing, distributing and disposing of the water so as to be conducted as aforesaid, and for carrying into effect all the objects and purposes of said corporation: and may also agree with the corporation of the said village of Grand Rapids, the inhabitants of said village, and others choosing to use or take said water, regarding the rates at which the same shall be paid for: Provided, That the said company shall within five years from the passage of this act, furnish and continue with no unreasonable delay, a supply of pure and wholesome water, sufficient for the use of all such citizens dwelling in the said village, as shall agree to take it on the terms to be demanded by said company: in default whereof, the said corporation shall be dissolved.

Sec. 9. That it shall be lawful for said directors to call and de

on shares.

Asses'nts mand from the stockholders respectively, all such sums of money by them subscribed, or to be subscribed, at such times, and in such proportions as they shall see fit, under pain of forfeiture of their shares, and of all previous payments thereon, to the said president, directors and company.

Trespasses

on works of company.

General provisions.

Incorpora

tion.

Sec. 10. That if any person or persons shall wilfully do, or cause to be done, any act whatsoever, whereby the said works, or any pipe, conduit, canal, water-course, mound, plug, cock, reservoir, dyke, or any engine, machine, or structure, or any matter or thing appertaining to the same, shall be stopped, obstructed, impaired weakened, or injured, the person or persons so offending, shall for fet and pay to the said company treble the amount of damages sustained by means of such offence or injury, to be recovered by such company with costs of suit, and by action of debt in any of the courts of this state, which action shall in every instance be considered as transitory in its nature, and shall and may be triable in any county in this state.

Sec. 11. Said company shall be entitled to all the benefits, and subject to all the restrictions of chapter fifty-five of the revised stat utes of 1846, so far as the same be applicable and not inconsistent with this act. The legislature may at any time hereafter amend or repeal this act.

Approved April 2, 1849.

[ No. 224. ]

AN ACT to incorporate the Union Mining Company.

Section 1. Be it enacted by the Senate and House of Represes tatives of the State of Michigan, That Ramsay Crooks, Joan J. Palmer, Daniel S. Miller, Robert Hyslop, Charles W. Borup and John R. Livingston, and others who shall be associated with them, are hereby constituted a body corporate by the name of the Union mining company, for the purpose of mining, smelting and manufacturing ores, minerals and metals: Provided, That nothing in this act contained shall confer on said company any powers banking or brokerage, exchange, dealing in money, purchasing any stock of any bank, or for any other purposes than those herein particularly specified.

af

stock and

thereof.

Sec. 2. The said company shall have corporate succession, its Capital capital stock shall be one hundred and fifty thousand dollars, divi- shares ded into ten thousand shares of fifteen dollars each, and said company may acquire and hold such real and personal estate in the upper peninsula of Michigan as the business of said company may require to an amount not exceeding the capital stock.

Officers of

Sec. 3. The officers of said company shall consist of a president and a board of five directors, each owning in his own right not less company. than twenty shares of stock, of whom the president shall be one, a secretary and treasurer, who may 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 said shares for non-payment of any such assessment, in such manner as their by-laws shall prescribe: Provided, That one of the directors of said company shall at all times be a citizen and resident of the state of Michigan upon whom the service of all process against said company may be made, and the same shall be deemed a valid service thereof upon said mining company.

State tax &

port.

Sec. 4. The said company shall pay to the treasurer of the state of Michigan an annual tax of one per centum on the whole amount annual reof 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 assessed 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 previous thereto, make under their hands a return to the state treasurer, verified by their several oaths or affirmations, 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 other taxes upon the personal property of said company, and in lieu of all other state taxes 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 shall be included in the returns to the state treasurer, hereinbefore required.

lat meeting.

Lien of inhabitants of

bow en

Sec. 5. The first meeting of said company shall be held at such time and place as the persons named in the first section of this act, or any two 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.

Sec. 6. Any inhabitant of the state of Michigan shall have a lien this state upon the stock, appurtenances and entire property of said company forced, &c. to the amount of one hundred dollars or under, originally contracted within this state, which shall take precedence of all other claims er demands, judgments or decrees, liens or mortgages against said company: and any person may enforce said lien by filing with any court having jurisdiction thereof, an affidavit showing to the satis faction of said court that he has claim under the provisions of this section, and such court may thereupon issue an attachment against the property of such company, and the same proceedings may be thereupon had as in other cases.

General provisions.

Business office.

Duration of

amendment,

Sec. 7. Said company shall be subject to the provisions of chapter fifty-five of the revised statutes of eighteen hundred and fortysix, of this state, so far as the same may be applicable.

Sec. 8. The said company shall, within six months after the pas sage of this act, by a vote of the board of directors, locate their business office or offices, and file in the office of the secretary of state, (of Michigan,) a certificate specifying the place or places of such location. All annual and other meetings of said company shall be held at such place or places as the by laws of the company, by its board of directors, may designate and direct.

Sec. 9. This act shall take effect and be in force for thirty years charter-its from and after its passage; and the legislature may at any time repeal, &c. alter, amend, or repeal this act after the limitation thereof, by s two-third vote, or at any time for a violation of the provisions thereof.

Office of company.

Sec. 10. The said company shall within six months after the first election of the officers thereof, by a vote of the board of direc tors, 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, and ali annual and other meetings of said company shall be held at

such place as the by-laws of the company may designate and

direct.

Approved April 2, 1849.

[No. 225.]

AN ACT in relation to Testimony in certain cases.

lost baggage

in suits vs.

recovery of

the value

thereof.

Section 1. Be it enaced by the Senate and House of Represen- Owners of tatives of the State of Michigan, That on the trial of any cause may testify between any person and any railroad company of this state or the R R Co. for agent or servant of such railroad company, wherein payment is claimed for any article or articles of traveling buggage retained or lost by said company, or their agent or servant, the owner of such baggage shall be permitted to testify in open court in relation to the contents and value of the said article or articles of baggage; and such testimony so given shall have the same effect as if the person so testifying had no interest in the result of such suit: Provided, No judgment shall be rendered on such testimony alone, for a greater sum than one hundred and fifty dollars.

Sec. 2. Suit may be brought for any article or articles of baggage lost or detained, against the railroad company to whom the same was delivered, or against the agent or servant of such company to whom the same was delivered.

Approved April 2, 1849.

[No. 226. ]

AN ACT providing for the payment of the Fees of certain officers for services rendered in criminal cases.

Defendants

in criminal

paid by Co.

cases.

Section 1. Be it enacted by the Senate and House of Representa tives of the State of Michigan, That if any person accused of and witness fees about to be tried for any crime or mis'emeanor, shall make it ap-cases to be pear to the satisfaction of the judge presiding over the court where- in certain in such trial is to be had, by his own oath or otherwise, that there is a material witness for his defence within the jurisdiction of the court, without whose testimony he cannot safely proceed to trial (giving the name and place ot residence of such witness;) and that the accused is poor and cannot obtain the means to pay for