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Semi-weekly Free Press from Detroit, Michigan • 1

Semi-weekly Free Press from Detroit, Michigan • 1

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Detroit, Michigan
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1
Extracted Article Text (OCR)

VOL I asusas caLed upon to pay toll at a toll gate within five thereafter and than amftlwm Jta mics resiJense ty of votes' io dect by ballot reside nUreoeriot Sec 8 Tne said corporation shall cause mile and six trustees who shall hold rtty rfflew Mt stones or posts to be erected or maintained one for year until other i are eleettd nd qualified every mile cf said road Irum Adrien to Coldwa and any five of them shall be a board for tint trans 1AWS MICHIGAN jdc boards at the intersection of all public on the day when pursuant to thia aetit oughtto 5 inrr nf I 1 a Jt properly belonging to the United States or of this State Provided further That no person shall be village of Coldwater oA lf next the first Monday of Msyunnuufi JitOK ftTtf? than finJ ilawa 1 Lu kt ipm ewwaiiaiiaios ter and on each 'stone or post shall be fair anJ legibly marked or inserted the distance of the laid post from Adrian and shall also erect and main tain guide roaus leaning into or intersecting said turnpike on winch shall be inscribed the name of the place to wiucn sucn rona leads and it any person shall wilfully cut injure or destroy eaid mile posts guide boards or said road itself or shall forcibly pass the gates without payment of toll such person or per sons shall forfeit and pay for every such offence twenty five dollars to be recovered by the said cor poration in their corporate name and for their ben efit in action of debt before any justice of the peace in the county where sa is committed or where the offender may be Jfound 4 Sec 9 If any toll gatherer shall unreasonable detain or hinder any traveller or passenger at either of the said gates or shall demand or receive more toll than by this act is established he shall fur even such offence forfeit and pay twenty five dalLrs to bo recovered by the person so unreasonably detain cd for his own use with costa of suit before ant justice of the peace in the conjjly where such deten tion occurred i oat it no gools and chattels can be found to satisfy such judgment and cost then and in that case the real property shah be liable to the execution issued on said judgment Sec 10 The shares of said turnpike shall be deemed arid considered to be personal estate and MhalJ be liable to be taken in execution for the pay ment of any of their just debts tn such manner as isrer may be prescribed by Jaw and shall be trans ferable as the president and directors may direct and the stock of said company held and Jeemed liable to be taken and sold to discharge all claims against such corporation in case of failure on its part at any time to discharge such claims jut of the funds of the corporation Sec 11 Whenever complaint shall be made to cither of the three commissioners appointed by vir tue of this act to examine and review the said ke road that if any part or parts thereof is out of repair it shall be the duty of such commissioner to notify the other two commissioners who shall repair to such part of said road and view the samej and if the same shall in the opinion of such commissioners be out of repair then the said com missioners shall give notice in writing of such de feettothe toll gatherer or person aitending the gate nearest the place so out of repair and may also in their discretion1 in the said notice order such gate or gates to be thrown open and the said gate or gales so ordered to be thrown shall immedi ately after service of such notice as aforesaid be open and remain open and no tolls shall be de manded until after the said road is pulinto complete and perfect repair and if such keeper of the gateshall hot immediately after the receipt of such no tiee open such gate and keep it open until such 'epairs are completed or shall hinder or detain any nersin or persons ip passing said gates or shall ake or demand toll from any person or persons i ifter receiving such notice and until such repairs I ire completed as aforesaid the toll gatherer or gate keeper so detaining any person as aforesaid shall forfeit and pay to the said person so detained as aforesaid the sum of twenty five dollars for each and every offence to be recovered in an action of debt before any justice of the peace in any town where such detention bccuned and the property of said company shall be liable on said judgment: Prodded The said toll gatherer or gate keeper has xo property liable to an execution and the com missioners appointed under and by virtue of this act) shall receive as a compensation for their services twelve shillings per day for every day they are em ployed to be paid by the toll gatherer of the gate nearest to where the service was rendered out of the moneys collected at such places and such toll gatherer shall bc'liable for the payment thereof See 12 The said beard of directors shall keep I a set of corporate books open dt alltimesto any or all of the stockholders in which shall be entered all I the expenditures of said company and all moneys thereof being first given by publication in some troops in the service of this State or the Uuited I habitants of newspaper printed in either of the counties of Staes or for the transportation of any and ah the I electors to meet st the todttut Sacl ally or semi annually deciare and make such divt i dead as they may deem proper of the net profiu from the Resources of said companyled deling tlu necessary current expenses and they shall such dividend among the stockholders of said com pany in proportion to their respective shares Sec 18 If any person or persons shall wilfully knowingly and maliciously remove a stake alter deface or injure in any manner any bench stakt or fixture set by any engineer superintendent 01 other person in the employ of said company 01 by any other means injure impair or destroy any part of the railroad constructed by said company under this act or destroy any of the necessary works buildings or machinery of said company such person or persons so offending shall each them for every offence forfeit and pay to the saio company a sum not exceeding three times the amount of the damages caused by such offence which may be recovi redfin die name of the com pany by an action of debt in any court ha ving com petent jurisdiction in the county where the offence shall be committed and shall a so be subject to in dictment and upon conviction of such offence I shall be punished by fine and imprisonment at the 1 discretion of the court Provided the imprison merit shall notexceed one year I Sec 19 The state shall have the right at any time after the expiration of five years from the com pletion of the said railroad purchase and hold the same for the use ol the state at a price not ex ceeding the original cost of the said road exclusive of the repairs thereof and fourteen per centum thereon of which cost an accurate account shall be kept and submitted annually on the first Mon day in January to the legislature duly aitested by the oath of the officers of said company and at such other times as the legislature shall require the same See 2i) Said company shall at all times if re quired by the Post Office Department transport the United mail upon said road as often as their cars shall pass the same not exceeding twice in each day fur such compensation as shall be agreed upon by said company and department notexceed jng the average price paid by said department for I tne transportation ci ihc mail in post coaches three times a week a like distance upon the several post roads in this sate Provided Nothing herein con tained shall be construed to require a ly of the ve hicles of said company to wail at any office for the change of the mad Sec 21 The state shall have the right of sub scribing at the times and places mentioned in trie first section of this act any number of shares in the capital stock of said company not exceeding one thousand an in such case the legislature shall if requested by the stockholders increase the num ber of shares and stock which said corporation may hold to the amount of the sum or sums which may have been subscribed Sjc 22 This act shall be favorably construed to eliect the purposes thereby intended and the same is hereby declared to he a public act and copies thereof printed by the authority of the state shall be received as evidence thereof Sec 23 Nothing in this act shall be construed to authorize or empower said company to carry on banking business or to use or emoloy the funds or any part thereof or permit the nine to pc ucd or employed in the purchasing of stock of anv batik or any other slock for any purpose or in anv man ner whatsoever not authorized by this act Sec 21 Tile legislature of this state may alter or amend this act by a vote of two thirds of each house Co If the slate i hatJ ercaf'teit etnhlish board of commissioners of internal improvement the said railroad shall be built under their direction so far as relates to the width of said road and be so constructed as to conform to and accord with the roads that may hereafcr be built by the state Prodded however That if this legislature shall nut appoint said board of commissioners then this section shall be voiJ Sec 23 One dollar oh each share shall be paid in on each share subscribed at the time of subscrip tion Sec 27 Said railroad company shall never be entitled to any damages on any similar improve ments made by this state that may render its stock! less valuable Approved March 22 1837 i A true copy Kintzixg Pritchetts Secretary of State exercise their corporaie powers or by any persons who arc by any law of this stale intrusted with the management and directions of such turnpike road or bridge or any of the rights and privileges aforesaid Every contract or transfer made in pursuance of the power and authority herein grant ed "when executed by the several parties under their respective corporate seals shall vest in the company hereby incorporated all such rights and privileges and the rights to use and enjoy the same as fully as they are now used and enjoyed by the said corporation in which they are now vested Sec IS The said president and directors shall have the power to purchase with the funds of the company and place on any railroad constructed by them under this act all machines wagons carria ges or vehicles of any description which they may deem necessary or proper for the purpose of trans mation upon said railroad and they shall have power to charge for tolls and transportation ail such reasonable sums as shall be established by the by laws of said company incorporated subject be revised and altered by the leirislature of this state and it shall be lawful for any other compa ny or anv other nerson or persons to transport any ders a majorty in value passengers merchandize or property of any des any president or anv of the direc bv com ilvinrr with tl livlaunt anti regulations of ti i tr nnl immnn in fli thp fit notice of such intended removal tolls established by the companyor as revised by the legisature and the said road with ail its jm provements works and profits all machinery used on said road for transportation are hereby vested in said company incorporated by this act and their successors forever and the shares of the capital stock of said company shall be considered personal property and shall be transferrable agreeable to the by lawi of said company and subject to be taken on execution agreeably to such daws as are or may hereafter be in force The right and privilege is hereby reserved to this state or any company now incorporated or hereafter to be incorporated under tbs auihodty of this state to connect with the road hereby provided for any other road leading from the main route to anv part or parts of this state A ande a 6 uie company also tne manner rruvuie i i nt in forming sucu connexiou nu nrV1 ence transfers of the stock of si1 jury shall be done to the works of the company r'uipanv: nnd mk i buui nave power io pass al mcieiiy corpora icu ravine jamm me saia company or companies so connecting may itedin the camnanv have the free use of said road bv paying such a ta ii a I It a1 a A' A a A I AB amaa A AV AM I VIM iaiaaimivivm vi do i i xm wKn i he rantiriAs rn rnn RanriA dfcMUU power necessary for the Connected Lcnawe Hillsdale or Branch at which meeting each stockholder may vote by person or proxy each share being entitled to one vote Provi ded That this corporation shall not be deemed io be dissolved by reason that the annual elec tion is not held at the time above mentioned Sec 4 The president and directors of said company shall be and they are hereby invested with all the privileges and powers necessary for the location construction and keeping in repair said turnpike road not exceeding one hundred feet in width and the said president and direc tors or their agents or those with whom they may contract fur making said turnpike road or any part of it may enter upon and use any land which may be wanted for the site of said road or any other purpose which is necessary in the construction or repair of said road Sb soon as the amount of compensation therefor is ascer tained and tendered as hereinafter provided Sec 5 The president and directors of said company may agree with the owner or owners I oi any land tor earth gravel timber stone or other materials or any articles whatsoever which may be wanted in the construction or re pair of said road for the purchase and occupa tion of the same and if such materials not previously taken or appropriated by the proprie tor thereof to any particular use as may be ne cessary for the construction or repair of said road be found on any unimproved land adjoin ing or near the same and if the parties cannot agree or if the owner or owners of any of them be a feme covert under age non compos mentis or out of the county in which the property wanted may be application may be made to any justice of the peace of said county who shall thereupon issue his warrants directed to the of said count' or if the sheriff be inte rested to some disinterested person requiring nim to summon twelve treeholders in the county not in any way interested in the matter or re lated to the parties" to meet on or near the pro perty or materials to be valued on a day named iii said warrant not less than five nor more than ten days after issuing the Same and if at the said time and place any of the persons summon ed do not attend the said sheriff or summoner shall immediately summon as many as may be necessary with the persons in attendance as jurors jo furnish a pannel of twelve jurors and from them each party his her or their agent or attorney or if either be nut present in person or by agent the sheriff or summoner for him her or them may strike off three jur ors and the remainder shall act as a jury of inquest of dam ages and before they act as such the sheriff or summoner shall administer to each of them an oath or affirmation that they wiil justly and im partially value the damages which the owner or owners will sustain by the use or occupation of the land materials or property required by the said company And the said jury shall reduce their inquisition in writing and shall sign and seal the same and it shall be sent to the clerk of the county and be by him filed in his office and shall be confirmed by the circuit court of said county at its next Beoeiondf no Bufficient cause to the contrary be shown and when con firmed the same shall be recorded by the said clerk at the expense of said company but if set aside said court may direct another inquisition to be taken in the manner above specified said inquisition shall describe the property taken or the bounds of the land required by the said com pany Such valuation when paid or tendered to the owner or owners of said property his her or their legal representative shall entitle said company to the estate and interest in the same thus valued as fully as if it had been conveyed by the owner or owners of the same for such term of time as said company shall occupy the same fur a turnpike road And if the valuation be not received when tendered it may at any limo thereafter be received from the company without cost and the sheriff or summoner and jurors shall be allowed the ordinary fees for like services to be taxed by the court which fees shall be paid oy the company hereby incorporated Sec 6 So soon as the president and directors shalb have completed the said road or ten miles thereof it shall be lawful for the said president and directors to give notice thereof to the per administering the government of this State lor the time being who shall thereupon forth with nominate and appoint three discreet free holders in no way interested in said road to view the same and to report to him in writing whether such part of the road is completed in workmanlike manner according to the true in tent and meaning of this act and if the report shall be in affirmation it shall be the duty of the person administering the government for the time being in this State and he is hereby re quired by license under his hand and the seal of this State to permit the said president and directors to make and erect so many gates and turnpikes upon and across said road as may be necessary and sufficient to collect the duties and tolls hereinafter granted to said corporation from all persons travelling or using the same Provided however That they shall no have on said turnpike from Adrian to Coldwater more than six gates for taking whole toll Provided further If the said turnpike road intersects the Ch cago road before it reaches the village of Coldwater that no toll gates shall be established on said Chicago road See 7 So soon as the whole or part of said road shall bo completed and permission so us aforesaid granted to erect a or gates upon and across the same it shall and may be lawful for the said piesidcnt and directors to appoint toll gatherers to collect and receive of and from all and every per son or persons using the said road at each and every of such gafes such tolls and duties to wit fur every score of hogs or sheep six cents for every score of cattle horses and mules twenty cents for every wagon with two horses mules or oxen ten cents for every additional horse mule or ox three cents for every coach pleasure wagon or pleasure carriage with two horses fifteen cents an 1 for eveiy additional horse five cents for every chair sulky or pleasure carriage with one horse ten cents and for every additional horse five cents for every cart drawn by two oxen five cents and for every additional yoke three cents for every horse or mule rode led or driven five cents for every cart drawn by one horse six cents for all sleighs or sleds drawn by one or more horse hiulcs or oxen half the tolls for vehicles on wheels "for every horse or mule and rider cents And it shall and may be lawful for any toll gatherer to stop and detain any person riding leading or driving any hoises cattle or sheep or other article above named in this section a subject to pay toll until the sema is paid: Provided however That nor thing in thia act shall be construed to entitle the said corporation to demand or receive toll at any gate of or from any person passing to or front public worship on Sundays or going to or returning front funerals dr gcKng to Or from a grist miff far s( Surf A AV" such time and place as they may appoint by giving 1 thirty notice of such meeting in the inner prescribed by the first seefi un of this act and at such meeaig shall lay the bauks of subscription be fore the sujseribers present and thereupon the stockh jlders may elect seven directors by a majority of wh shall be co npetent to manage the affairs of said company and said directors are empowered to elect one of their number president and on all occasions when a vote of the stockholders is to be taken each and every share shall entitle the holder to one vote either by himself in person or by proxy Sic 6 To continue the succession of president I and directors or said company seven directors snail be chosen annually i tne nrst tuondav in Oct at such place as may be appointed bv the directors and if any vacancy shall occur by death resigna 1 tionorotherwse of any president or director be fore the year fur which he was elected shall have expired such vacancy fur the remainder of the year may be tilled by the directors of said company or a majority of them the directors of said company shall hold their office until a new ection of presi dent and directors all elections which are by this act or by the by laws of the company to be made upon a particular day if not made on such day may be at any time within sixty days thereafter notice of such meeting being given in the manner prescribed by the preceding section of this act See 7 A aeneral meetinsof the stockholders of said company shall be held annually at the time fer by and through the agency of the person au and place appointed for the election of the presi thorized by the respective acts of incorporation to ueui ana directors ana a meeting rnay be called at any time intervening said annual meetings by the said president and directors or by the stock holders owning not less than one tenth of the stock by giving thirty notice of the time of meeting and the place in the manner hereinbefore prescribed and when such meeting is called by the stockholders the particular object of such call shall be slated and if at any meeting thus called a majority in value of the stockholders are not pre sent in person or by proxy such meeting shall be adjourned from day to day not exceeding three ays without transacting any business and if within said three days stockholders having a majo rity of the stock do not attend such meeting then said meeting shall be dissolved Sec 8 At the regular meeting of the stock holders of said company it shall be the duty of the president and directors in office the preceding year exhibit a clear and distinct statement of the company and at any meeting of the sockholders a majority of those present or by may require similar statements from the President and directors whose duty it shall be to urnis i them when thus required and at all gene xv utiirx sit inn ei mir On! of all th inajorty value passengers rnercnanaizc or properly 01anyues 'kholdcrs in siid company may re cription whatever on said road or any part of it 41 Will 11 I I 1 vuiuuu VI any VI blJtLrUUQV Rd iia company and elect others in their stead mat 1 en given as required by the seventh section 9" Every president director secretary and s'aHUrer C1inPary before he acts as su 8wear or affirm that he will well and truly (kill VjC le duties of his office to the best of his WwdjaJement Maiort T16 president and directors or a tract have power to appoint con Uchoff 1'1 determine the compensation of allers engineers agents and servants what ee necessary for the trans them 1 business of the company and remove rector P'easure an4 the said president and di rnaior'ty them shall have power io acciirne manner of aijusting and settling all nd 1 PRINTED BY BAGG BARNS CO PUBLISHERS THE LAWS THE UN ITED JOHN BAGG EDITOR AND STATE 11 I ''IJ" JMag in advance APKIlL ai 183? 11 1111 MB Qf WEEKLY REE PRESS railroad not exceeding one hundred feet in widih Tnesday and riday morning on the corner I and the said president and their agents Published every veu( ilsird story over ing or those with whom they may contract for making Store gOrEattance oi Woodward Avvuue fle roa( or any part of may enter upon use and Bign of ranklin Head i any land which maybe wanted for the site of said railroad or any other purpose which 't is necessary iij tue uonscrucaoii or cue repair oi saiu road or ils works so soon as the amount of com pensation therefor is ascertained and tendered as hereinafter provided Sec 12 The president and directors of said company may agree with the owner or owners of nnv land frxr nnrih trt rnvul ctxno rvr rxllirsr IWOM 4 W4 VU matprin a nr anv nrlirdns whalstMivr which mnv hn wanted in lhe construction or repair of said road or of its works for the purchase or occupation of the same and if such materials (not previously taken or appropriated by the proprietor thereof for any particular use) as may be necessary for the re pair or construction of said railroad or any of its works be found on any unimproved land adjacent or near the same and if the parties cannot agree rV" IT ttiXX rat ntr'nnra rr onxr rt It rm ire XZ I 4 Il'J It 11U1 L4 tV I I 1 4 Cl I 1 LUC Ill 71 1 mi IT covert under age non compos mentis or out of ike AN ACT to incorporate the Adrian and Cold water Turnpike Road Company Sec 1 Be it enacted bij the Senate and House of Representatives of the State of Michigan That Addison Comstock Conant Wimer! Henry Wood George Crane Samuel Corn 1 stock Rockwell Manning and Hiram Cowie be 1 And they are hereby appointed cum ionei 1 under the direction of a majority of whom suo scriptioris may be received to tne capital stock of tho Adrian and Coldwater Curq a riy hereby incorporated and tney shall cause books to be opened at the inn of inter in the village of Adrian in the county ol luena we for the space of two successive days at such time as a majority of them shall direct for the purpose of receiving subscriptions to the capital stock of said company first giving four weeks notice of the time and place oi taking such sub scriptions by posting up notice in the villages of Adrian Rollin Hillsdale Coldwater and Jones ville and the subscribers thereto and their suc cessors and assigns for the period of twenty years after the passage of this act be and are hereby ordained constituted and declared to be a body poltic and corporate under the name of the Adrian and Coldwater Turnpike Compa ny and by that name they and their successors for the period aforesaid shall and may have suc cession and shall be persons in law capable of suing and being sued pleading and being im pleaded answering and being answered unto defending arid being defended in all courts and places whatever and in all manner of actions suits complaints matters and causes whatso ever arid that they and their successors may have a common seal and that they and their successors by the name aforesaid shall in law be capable of purchasing and holding any lands tenements hereditaments and real and personal estate whatsoever Provided That it sh ill be necessary for the construction preservationor repair of said road or the erection of toll gates and all toll houses thereon Sec 2 The pital stock of said company shall be fiftvThousand dollars to consist of and be divided into one thousand shares of fifty dol lars each Sec 3 or conducting the business of said compinv shill be the construction of tho said turnpike road from the village of Adrian in Lenawe county to the village of water in the county of Branch there shall be nine di rectors one of whom they shall annually elect their president who shall hold I heir offices for one year or until others shall be appointed in their stead That Addison Comstock Conant Winter George Crane Harry' Wood Samuel Comstock Rockwell Manning Hiram Cowles Hiram Alden and Lorenzo Crippin be directors and that Addison Com 1 stock ba tha president for the" present year I That the election of directors shall ba hedd on the finrt Monday of January at dueii time and And Rnv five nC fhAYn ahull huaf a kfiAl wwsm ova mOmOb1 action of business but lest number may adjourn from time to ti me Provided That if an election Of president recorder and trustees shall not bontade' made the said corporation shall not for that eaUMt' be deerned to be dissolved but it shall and may lawful to hold such election at any time thereafter pursuant to public notice given in tbo mln" ner hereinafter prescribed a Sue 3 At the first election to be holden this act' there shall be cho3eneeo eaee bv dm electors present two judges and a clerkof said ejection i who shall each take an Oath or affirmation faithfully to discharge the duties required of by this act and at alb subsequent dectioM UrtA trustees or any two of them shall be judges atuf' the recorder clerk tho election and at ail rhu tions to bo held under this act' the polls sbaU bef opened between the hours of nine and ten in the forenoon and close kt three fa tbo afternoon of saididayjiand at the close of the poffs the votes shall be counted and a true state Mhl1thereof proclaimed to the electors present 'by ana41 of the judges the clerk shall make a true 10a' ord thereof and within five days after such alscA tion the said clerk shall give notice to the fi nrs elected of their election And it shall be ths duty of he said president and trustees at least five days' before cach and every annual election to give no tice of the same by posting up notices in the places in said town Sec 4 It shall be the duty of' (be president (or if absent) one of the trustees' to preride stall IneoP tings of the corporation whether annual or" special and at all meetings of the trustees 'and it shall boj the diity of the recorder or in his absence of deputy appointed by him attend all such mee tings aiid kcep a lair and: accurate record of 1P their proceedings i Sec 5i The recorder and truatees of said village shall be a body corporate and with perpetual succession to be known and dietin guisbed by the name of the president and of the village of Coldwater and shall be in law in their corporate name to acquire property real and personal "for the Use of said village sell and convey lhe same may a common seal which they may alter at pleasure may sue and bo sued defend arid be defended in any court of com petent jurisdiction and when any suit shall bo commenced against sad corporation the first pro' cess shall be by summons and an attested copy be left with the recorder at least eight days before th eret urn day thereof vw a 4 Sec GvThe officers elected bwirtue of thia aeV' shall each before entering on the duties of his oft fice take an oath or affirmation to support the con stitution of the United Statesand of this State also faithfully to the duties of his office Sec t7 The president and trustees havs power to ordain and establish by laws rules snd: regulations for the government of said village and the same to alter repeal or re ord ain It pleasure and to provide in said by laws for the election a treasurer two assessors a village marshal' andCth i er subordinate officers which may be thought ns'J cessary for the government: and Well being of said village to prescribe their duties declare their qualifications and determine the period of their ap pointinent and the fees they shall tore ceive for their services and require of them to tsko? an oath or affirmation faithfully and impartially to1 discharge the duties of their respective officea and may require of them such security for the perfor mance of the duties of their respective offices ail shall be thought necessary said president and trustees shall also have power to affix to the VioUL tion of the (by laws and'brdinanccs of i he corpora tion such reasonable fines and penalties as they may deem proper and to provide for the of said fines and penalties: rioby laws or ordinances of said corporation ehall havs any effect until thotame shall have been published three weeks successively' in a newspaper printed in said county or by written notices posted up in three of the most public places in said village" Sec 8 The president and trustee's shall I out and published a detailed account of the re ceipts and expenditures of the preceding year Eec 9 Tbe electors of said village in legal meeting assembled shall have power to lay taxes all personal and eales ate within the limits of said corporation not exceeding one half' of one per centum upon saidestate in any one year to regulate and improve the streets lanes and alleys and to determine the width of the sidewalks: Provided' That property shall be taken from any individual until said individ ual ishall be paid therefor the value thereof to be ascertained by twelve disinterested freehold ers to be suihmdnedlbyt0ieCinar8haIfof purpose) They shall have power to remove all nuisanceff and obstructions from the streets and commons and all other places of said village and to provide for the removal of the same I to do all tilings which of a similar nature can do to secure the peace wealth pro I perty and prosperity of the inhabitants of said town i Sec 10 4A11 ineetingscalled for the purpo i ses contemplated in the preceding section of this act shall be called by the president or in his by the senior trustee by posting up1 written notices'in three of the most public pla 1 ecs in said village at least three days to holding said meeting said notices shall spe cify the time and place of holding said meeting and the purposes forwhich such meeting is called Sec The president trustees and recor der shall re'ceiv'e such fees for their services as a majority of the electors at their regular an nual meeting8hall determine Sec 12 It shall be the duty of thd presi dent and trustees to make out a duplicate of taxes charging each individual therein amount of tax in proportion to the real and per sonal estate of such individual within said cor poration which duplicate shall be signed by the president knd recover and delivered to the marshal or suchrother person as shall beappoin ted collector whose duty it' shall be td cofiact the same withinsuch time and in such manner as the by laws shall direct Tv? (N qa i SecN13The8aidrcaUe6torahafihavap(wrj to sell personal estate and for want thereof to sell reaj estate for the non payment of taxea within said corporation and th oase of the sale' of real estate the said cllectqr shall prosecute the sale in the' same manner and With the ime efibet all respite at i pwuted by law iar the sale of real estate by sheriff and aUMtl1 estate to soldi shall be liable to be todetiMA ib' the same manner as ilaadaeeM may beredeemed the use of the IWW Wottt 'nay deem nGceS81ry carrying hemin po wers vested 8sc 11 riff of lolls as may be estab'ished by the legislature Pdent and directors of said and this incorporation shall be entitled to the same (U and they are hereby vested with rights an1 privileges to any and all roads hereafterh power necessary for the I connected voneUuetaon and keeping in ropair said Bsc 17 The president and directors shell anno place ae the directors shall determine a notice i (ho grinding of grain for the family ust or from any In Ahzws uavvn ntirzi jorxmn I Ifl tfaxb tLa Gteta a A 1 AN WT to incorporate the Detroit and Shia wasse Railroad Company I 1 Be it enacted by the Senate and House Representatives of the State ofHch'gan? hat a1 'T'itr iisha Gook i i 1 ti i i' a a aiarsuaii i A llifw it itJOCll 1 vareuu 1 nomas uui Um i iunr and Ely Barnard be ana uiey are ap pointed commissioners under the direction ofa ma iorityof whom subscriptions may be received to lhe capital stock of the Detroit and Shiawassee Railroad Company hereby incorporated and iiey shall cause books to be opened at the City of De troit and in the village of Kensington in the county of Oakland and in each place for the space of three days at such times as they shall direct tor tne pur th nnnital slock nose oJ receiving suofcnpu of said company first givn nftbo county in which the property wanted may be an 1 el ivm ncwsmioers printed in this bau oi the at imww i 4 4 times of taking subscriptions as uo See 2 The capital stock of said companj snail be five hundred thousand dollars in shares ol nny dollars each and as soon as five bundled snare of said stock shall be subscribed 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 politic and corporate by the name ol I Detroit and Shiawassee Railroad with perpetual succession and by that name shad be capable in law of purchasing holding selling leas in' and conveying estate either real or persona so far as the same may be necessary ior purposes hereinafter mentioned and no further and in their corporate name may sue and be sued may have a common seal which may alter and renew at pleasure and shall have enjoy an I tmiy exercise all the powers rights and prMieges vmcn appertain to corporate bodies ior the purposes men tioned in this act Sec 3 Said corporation hereby created shal have power to construct a railroad with a single or double track from Detroit in the cuun'y oi Wayne through armington in the county ot Oakland Kensington in the township of Lyon the county lu'nirainn rnn in the SCal III me Lujiri county i Sh awassee to bjiawassce village in smu of S'liawa'sce with purer to transport take aad carry persons and upon the same by the power and force of steam or animals or of aiiy mechanical or other power or combination of them I Sec 4 If said corporation shall not within one year commence the construction of sai 1 railroad i and shall not within two and a half years from the passage of this act construct finish a id put in ope lation twenty five 'es in distance of said road and sbah not within six years complete and put in operation the whole of said road or in the event of the failure of the company to construct the parts of the said railroad within either of lhe times above specified then the righ's privileges and powers of said eopiration shah be null anl void as for as it! regirds the parts of the sad rail at shall not be finished wiihiu the periods limited by this act Sec 5 Whenever five huidreJ shares of the capital stuck shall have been subscribed if within one year from the passage of this act the cotn nis le 's shall call a meeting of tho subscribers nt application may be made to any justice of the peace of said county who shall' thereupon issue' his war rant directed to the sheriff of the said county or if the sheriff be interested to some disinterested person requiring him to summon twelve freeholders in the county not in any way interested in the matter or related to the parties to meet on or near the property to be valued on a day named in the warrant not less than five or more than ten days alter the issuing of the same and if at the said time and place any of the persons do not attend the svd sheriff or summoner shall immediately summon as many as rnay be necessary with the persons in attendance as jurors to furnish a panel of twelve jurors and from them each patty his her or their agent or attorney or if either be not present either by agent or person the sheriff or summoner for him her or thorn may strike off three jurors fr each party not present and the re mainder shall act as jury of inquest of damages and before they act as such the sheriff or summon er shafi administer to each an oath or affirmation that they Will justly and impartially value the dama ges which the owneror ownerswill sustain by the use or occupation of the land materials or property required by sai1 company and said jury shall re duce their inouisition to wrilinir and shall sirn and I seal the same and it shall be sent to the clerk of the county and be by him filed in his office and lie confirmed by the circuit court of the county at its next session if no sufficient cause to the contra ry be shown and when confirmed the same shall he recorded by the said clerk at the expense of said company but if set aside said court may direct another inquisition to be taken in the manner above specified Said inquisition shall describe the pro perty taken or the bounds of the land required by said company Such valuation when paid or ten dered to the owner or wners of said property his her or their legal representative shall entitle said company to the estate and interest in the same thus valued as fully as if it had been conveyed by the ovncr or owners of the same for such term of time as said company shall occupy the same for a railroad And if the valuation be not received when tendered it rnay any time thereafter he re ceived from th company without cost and the sheriff or summoner and jurors shall be allowed the ordinary fees for hke services to be taxed by the court Snc 13 (VlicncVCr in the ctmclrualiin of Laid railroad it shall be necessary to cross or intersect any estab'ished road it shall be the duty of said pre sident and directors to conduct the said railroad across such established road in such manner as not to impede the passage or transportation of persons or property along the same or when it shall be necessary to construct it through the land of any individual it shall be their duty to provide for such individual proper wagon ways across said road from one part of his land to the other Sec 14 If said company shall neglect to provide i proper wagon ways across said roads as required by this act it shall be lawful for any individual to cun cnirl nninnonx? nnr! ho nr chn eli il! ho znTit1zxrl i to Jnrnnrrptt nc fh nr iurv mnv think i oner or ler to for such neglect or refusal on the part of situ company Sec 15 If it shall be necessary for the said rail road company in the selection of the route or con struction ofthe road to he by them laid out and constructed or any part of it to connect the same with any turnpike road or bridge made or erected by any incorporated company or authorized by any of this state it shall be lawful for said presi dent and directors to contract with any other cor poration for the fight to use such road or bridge or for the transfer of any of the corporate or other rightsand privileges of such corp oration to the said company hereby incorporated and every such other corporation acting under the laws of this state is hereby authorized to make such contract or trans by them received that said directors shall make a semi annual dividend to each and every stockhol der his proportion of the semi annual profits tls expiration ot each yoar' cause to be made ntlur rori it incr tnn oac nr Ir i re nnd 1 1 UlLUX LI UUVUIIq VA UHJ 4 1 ing sanl road and tne fixtures thereto appended Sec 13 The said board of directors have power'establish such by laws and regulations as may be necessary for the (management of the affairs of said company and may appoint: a secretary and treasurer to the board and generally may do all further acts to carry into full force and effect the objects bf this corporation J' See 14 The state of Michigan be and is here by authorized and empowered at any time hereaf ter to purchase of said company the turnpike afore said and all the benefits arid priviiegres accruing therefrom to said company Provided That if at the time the' state shall purchase the said road the company shall have received twelve per cent "per annum net profit on the original cost of construction of said read and fixtures the said company shall surrender caid road and fixtures on receiving only the original cost of making the same Sec 15 This act shall be favorably construed to effect the purposes thereby intended and the same 1 tc horohv rlnelnrrn tn hn nnhhe net nun thereof printed by authority of the state shall be received as evidence thereof Sec 16 The Legislature may at any tithe alter or amend this act by a vote of two tfiirds of each House Sec 17 The said road shall be completed in a good and workman hke manner of good and hard hewn limber whenever the alluvial nature of the soil should render lhe same necessary and shall be a good and travellable road Sec 18 If said company shall not within two years comp'ete and open to the public use one thirdf said road and shall not within four years com plete two thirds of said road and shall not within six years complete the whole of said road this act shall be Approved March 21 1837 A true copy Kintzing Pritchetts Secretary of State AN ACT to incorporate the village of Coldwater in the county of Branch Sec 1 Be it enacted by the Senate and House of Representatives ofthe State of Michigan That all that tract ot land in the county of Branch which is embraced within the following limits to wit: beginning at a point on the Chicago road one half of a mile east ofthe centre ofthe public square in the village of Coldwater as designated on the Re corded plat of said village "running south twelve degrees west two hundred and forty rods to a stake and stones thbnce north seventy eight degrees west four hundred and twentyfive rods to a stake and stones thence north twelve degrees east four hundred rods to a stake and stones thence south: seventy eight degrees east four hundred and twen tyfi ve rods to a stake and stones thencs south twelve degrees west to the place of beginning eit cep ting so much of eection sixteen as may bo cludeff within said loundanes: be and tho same Js hereby constituted a to wn corporate and shall here after be known 4 I IW i I 1 I I.

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Pages Available:
108
Years Available:
1837-1837