collect such reasonable sums as they may deem proper, for the tuition of each and every scholar taught in said district, who is not actually a resident thereof: and shall also have power to fill any vacancy that may occur in said board, until the next annual meeting: to hire any and all necessary teachers and fix the amount of their compensation: to repair the school house, build and repair all necessary additions thereto, and all necessary out-houses; to ornament the yard belonging thereto; and also to enact such rules and by-laws as may be necessary for the preservation of all the property, apparatus, shrubbery, &c., belonging to the district, and for the government of the school, and in reference to all other business connected therewith: Provided. That the said rules and by-laws shall not affect the equal distribution of the public moneys, the raising of taxes for building purposes, or deprive the resident scholars of the district of any of the rights and privileges to which they are entitled by the primary school laws of this state: Also provided, That the said board shall not be at liberty to expend more than one hundred dollars in any one year, unless so authorized by a vote of said district. Treasurer of Sec. 6. That the treasurer of said district shall have the power, in the name of the district, to collect all moneys due for tuition of distric scholars, who are not actually residents thereof, by suit at law under the direction of said district board. By-laws to Sec. 7. That the said district board shall publish the rules and bylaws that they may from time to time enact, for at least ten days, be publi by posting the same up in three public places in said district, or by having them inserted at least twice in a newspaper published in said township; and shall give the like notice of their alteration or repeal, and shall also record the same in a book, to be kept by the secretary for that purpose. Sec. 8. That all law, now existing, that shall conflict with the powers and duties of said district board, and with the rules and bylaws enacted by them, under the provisions of this act, except those herein excepted, shall cease to be in force in said district, from and after the passage of this act. Sec. 9. This act shall take effect and be in force from and after its passage. Approved March 12, 1849. [ No. 76. ] Incorporatve. Capli'l sto'k Officers of AN ACT to incorporate the Siskowiet Mining Company of Section 1. Be it enacted by the Senate and House of Represen tatives of the State of Michigan, That Clement March, David H. Hall, Roger C. Weightman, Charles Whittlesey, James G. Clark, and Augustine L. McCrea, and others who shall become associated with them, are hereby constituted a body corporate by the name of the Siskowiet mining company of Michigan, for the purpose of mining, smelting and manufacturing ores, minerals and metals, upon the island of Isle Royal in the Upper Peninsula of Michigan: Provided, That nothing in this act contained shall confer on said company any powers of banking or brokerage, exchange, dealing in money, purchasing any stock of any bank, or for any other purposes than those herein particularly specified. Sec. 2. The said company shall have corporate succession, its capital stock shall be two hundred thousand dollars, divided into ten thousand shares of twenty dollars each, and said ecmpany may acquire and hold such real and personal estate as the business of said company may require to an amount not exceeding the capital stock. Sec. 3. The officers of said company shall consist of a president, id compa- a board of five directors (each owning in his own right not less 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, by its officers, levy assessments on the shares of its stock, and forfeit ani sell the said shares for non-payment of any such assessment, in Buch manner as their by-laws shall prescribe: Provided, That one of said directors shall be a resident of the state of Michigan, and upon whom service of all process against said company may be made, and the same shall be deemed a valid service thereof upon said Siskowiet mining company, and that until the first annual meeting of said company after its organization under this act, Clement March, David A. Hall, of Washington, District of Columbia, James G. Clark, of Philadelphia, Charles Whittlesey, of Michigan, and Augustine L. McCrea, of Wisconsin, continue, and they and their successors are expressly constituted directors of said company, and shall have and exercise all the powers, and be subject to all duties and restrictions imposed on the directors to be chosen under this act. Annual re Sec. 4. The said company shall pay the treasurer of the state State tax. of Michigan, an annual tax of one per centum on the whole amount port. of capital actually paid in upon the capital stock of said company, and also upon all monies 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 Monday of January, 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 any investment of any portion of the nett profits of said company shall be considered as so much capital paid in, and returned to the state treasurer accordingly: and said state tax shall be in lieu of all other taxes upon the personal property of said company, and in lieu of all state taxes upon the real estate of said company. Sec. 5. The first meeting of said company shall be held at such 1st meeting. 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. habitants of &c. Sec. 6. Any inhabitant of the state of Michigan shall have a lien Lien of inupon the stock, appurtenances, and entire property of said compa- this state, ny, for all claims and demands against said company, to the amount of one hundred dollars or under, originally contracted within this state, which shall take precedence of all other claims or demands, judgments or decrees, liens or mortgages against said company, and any person may enforce the said lien by filing with any court having jurisdiction thereof, an affidavit showing to the satisfaction of such court that he has a claim under the provisions of this section, and such court may thereupon issue an attachment against the General pro visions. Business of Ace. Duration of charter. property of said company, and the same proceedings may be thereupon had as in other cases. Sec. 7. Said company shall be subject to the provisions of chapter fifty-five of the revised statutes of eighteen hundred and fortysix, so far as the same may be applicable. Sec. 8. The said company shall within six months after the passage of this act, by a vote of the board of directors, locate their business offices, one of which shall be in this state, and file in the office of the secretary of state of Michigan a certificate specifying the places of such location. All annual meetings of said company thall be held at such place or places as the by-laws of the compa. ny, by its board of directors, may designate and direct. Sec. 9. This act shall take effect and be in force for thirty years from and after its passage, and the legislature may at any time alter, amend or repeal this act after the limitation thereof for a vio lation of the provisions thereof. Approved March 12, 1849. [No. 77.] Security for roinal case by prosecu AN ACT relative to the costs of proceedings in criminal cases. Section 1. Be it enacted by the Senate and House of Represencosts in cri- tatives of the State of Michigan. That in all prosecutions for any to be given crime or misdemeanor, when the prosecution is at the instance of a private person, and not of some public officer or of the grand jury, such person shall give security for costs, and if the defendant or prisoner be discharged on examination by such magistrate, or acquitted on trial, or a nolle prosequi be entered on the indictment by order of the court before which it may be pending, the prosecutor shall pay all costs which shall have accrued to the court, sheriff, constable and jury, and upon proceedings had upon such complaint, execution shall issue for the collection of such costs as in civil cases as well against the surety as against the prosecutor, unless the magistrate or court before whom the complaint is made or trial is had, shall certify in his minutes that there was probable cause for the making of such complaint. Fees of wit Sec. 2. That whenever any person residing out of the township eriminal ca- or city where the court may be held shall attend any court as a wit nesses in es. ness in behalf of the people of this state, upon request of the public prosecutor, or upon a subpoena or by virtue of a recognizance for that purpose, he shall be entitled to the following fees: for attending in a court of record, seventy-five cents for each day, and thirtyseven and one-half cents for each half day; for attending in a justice court, or upon an examination, fifty cents for each day and twenty-five cents for each half day, and for traveling, at the rate of six cents per mile in going to the place of attendance, to be estimated from the residence of such witness, if within this state; if without this state, from the boundary line which witness passed in going to attend the court. to allow such fees. Sec. 3. In courts of record such witness shall prove his atten- Supervisor dance and travel in open court, before the clerk, and in justice courts before the justice, on the day of trial, or upon an examination, and a certificate thereof, from the clerk or justice as the case may be, shall authorize the board of supervisors of the proper county, to audit and allow the fees aforesaid in the same manner as other contingent charges against the county. Sec. 4. All acts ard parts of acts contravening the provisions of this act are hereby repealed. Sec. 5. This act shall be in force from and after its passage. [ No. 78. ] AN ACT for the relief of the township of Waterloo, in the county of Jackson. Whereas, The papers, files and records of the township of Water Preamble. loo, in the county of Jackson, were recently destroyed by fire; and Whereas, In consequence thereof, there is no record evidence of the organization of said township, or of the election or qualification of the officers thereof, or of the laying out of highways therein, or of any division of said township into road or school districts, &c., Therefore, declared du Section 1. Be it enacted by the Senate and House of Represen- Waterloo atives of the State of Michigan, That said township of Waterloo, ly organized shall be deemed to have been duly organized pursuant to the provisions of an act entitled "an act to organize certain townships, approved March twenty-third, eighteen hundred and thirty-six. |