Unclaimed the same at public auction, and out of the proceeds may retain freight,

etc., how

Notice to contain a

baggage, the charges of transportation and storage of such freight, and disposed of. the expenses of advertising and sale thereof; but no such sale shall be made until the expiration of six weeks from the first publication of notice of such sale in at least one newspaper published in the city of Detroit, and also in one newspaper published at, or nearest the place where such freight or baggage was directed to be left, and also at the place where such sale is to take place; and said notice shall contain a description of description. such freight or baggage, the place at which, and the time when the same was left, as near as may be, together with the name of the owner or person to whom consigned, if known; and the expenses incurred for advertising shall be a lien upon such freight in a ratable proportion, according to the value of each article, package or parcel, if more than one; in case such unclaimed freight shall be in its nature perishable, then the same may be sold as soon as may be, on giving the notice required in this section, after its receipt at the place where it was diCompany to rected to be left. Such railroad company shall make an entry of the bal- of the balance of the proceeds of the sale, if any, of each parbalance dis- cel of freight owned by or consigned to the same person, as near as can be ascertained, and at any time within five years thereafter shall refund any surplus so retained to the owner of such freight or baggage, his or her heirs or assigns, on satisfactory proof of such ownership.

make entry

ance; how

posed of.

12 Feb., 1855 C. L., § 2005 Cars to come to full

SEC. 61. Every passenger, freight, or other train of cars running upon any railroad, shall come to a full stop before crossing Stop before any other railroad built or constructed upon the same grade; other rail- and every engineer, conductor, or other person having charge

crossing

roads.

or control of such train of cars, who shall offend against the provisions of this section, shall forfeit for each offense the sum of one hundred dollars, to be recovered by action of debt; and any railroad company who shall, by their rules and regulations for running trains of cars upon such railroad, require any passenger, freight, or other train to cross any other railroad built

or constructed upon the same grade, without coming to a full stop before such crossing, shall forfeit a like sum for every day such rule or regulation shall continue in force, to be recovered as aforesaid.

in forming

trains.

SEC. 62. In forming a passenger train upon any railroad 12 Feb., 1855 C. L., § 2006 organized under the provisions of this act, baggage, freight, Prohibition merchandise, or lumber cars shall not be placed in rear of the passenger passenger cars; and if they, or any of them, shall be so placed, the officer or agent who so directed, or knowingly suffered such arrangement, shall be deemed guilty of a misdemeanor, and be punished accordingly.

to be con

vive corpo

affect pro

pending.

SEC. 63. All acts the subjects of which are herein re-enacted, 12 Feb., 1855 C. L., § 2007 or which contravene or are inconsistent with the terms and Acts repealed. intention of this act, are hereby repealed: Provided, That This act not nothing in this act contained shall be in any manner whatso- strued to reever construed to revive or continue in force any charter of rations or incorporation, where forfeitures have been incurred, or to ceedings affect any suit or proceeding at law now pending relative to any alleged forfeiture of franchises on the part of any such railroad corporation of this State, nor in any manner to waive or release any such forfeiture of franchise alleged to have been incurred by any such railroad corporation prior to the passage of this act.

SEC. 64. This act shall take effect immediately.

tion added.

authorized

contracts.

SEC. 65. Every railroad company organized under this act New secmay enter into arrangements and make contracts for its benefit, 14 Feb., 1861 and consistent with and calculated to promote the objects for Railroads which it was organized, with any other railroad company to make within or without this State, when the lines of such railroads are connected by water or otherwise: Provided, Such arrange- Proviso. ments and contracts shall not release said company so organized under this act, or the directors or stockholders thereof, from any duties or liabilities imposed upon them by the laws of this State: And provided further, That nothing in this Ibid. section contained shall be construed to authorize any railroad

New section added.

pany may

scriptions.

companies to bridge, dam, fill up, or divert the course of the St. Clair river, or any other navigable waters in this State, nor to consolidate the stock of any railroad companies.

SEC. 66. Whenever any railroad company shall have filed its 22 March '67 articles of association, as provided in the act to which this act When com- is amendatory, and obtained sufficient subscription to its capicollect sub- tal stock, including any municipal aid actually voted in its behalf by virtue of any law of this State, to construct a division of its line of not less than fifteen consecutive miles, at the rate of six thousand dollars per mile, such company shall be authorized to call a meeting of its stockholders, and elect directors of said company, in the manner prescribed in sections four and five of the act to which this act is amendatory, and said directors may proceed to designate a division of not less than fifteen consecutive miles of the line of said company for construction; and said company shall have full power and authority to construct, operate, and maintain a railroad upon the division of said company's line, which may have been thus designated as aforesaid, and for that purpose shall have ample power to assess and enforce collection of its capital stock subscribed by persons residing along or collateral to, or within two miles of either of the termini of such designated division of said company's line in the manner prescribed by the act to which this act is amendatory, and to receive and avail itself of the benefit of any aid that may have been or may hereafter be voted in its behalf, by virtue of any law of this State, by any municipality along, adjoining, or coterminous When may with such designated division of its line. But such company, for the purpose of constructing such designated division, shall not make collections from subscribers not residing along, collateral to, or within two miles of either of the termini of such designated portion of such company's line, nor to receive the aid voted or to be voted in its behalf by municipalities not situated along, adjoining, or coterminous with such designated division, except by express agreement; and said

not collect.

(

build.

company from time to time may continue the construction of Continue to its line by designating other divisions of not less than five consecutive miles each, and may construct, operate and maintain a railroad upon such further designated division or divisions in the same manner and with the same rights, privileges, and limitations herein before specified: Provided, That Proviso. in case of the construction by such company of a division of its line of road, as hereinbefore provided, it shall not by reason of inability to construct any additional portion of its road, lose or forfeit any of its corporate rights, franchises, or privileges: And provided further, That all subscribers and aiding Ibid. municipalities shall be liable, according to the terms of their subscriptions or votes, whenever the construction of the entire line of road of said company shall have been entered upon by said company.

[ No. 120. ]

Laws of 1867, p. 161.

AN ACT supplementary to an act entitled "An act to provide for the Incorporation of Railroad Companies,” approved February Twelfth, Eighteen

Hundred and Fifty-five.

of company

SECTION 1. The People of the State of Michigan enact, That Formation it shall be lawful for any number of persons, not less than ten, to form themselves into a company for constructing, maintaining and operating a railway for public use, in the conveyance of persons and property by means of a propelling rope or cable attached to stationary power, and upon compliance with the provisions of chapter sixty-seven of the compiled laws, and of power. the acts amendatory thereof, they shall become a body corporate and politic: Provided, That the directors may be limited At least five to any number not less than five, to be specified in the articles of association.

SEC. 2. Any such company may style itself by the name of the inventor or patentee of the particular method of propul6

Stationary

directors.

Style of company.

sion used, together with such local designation as the associates may deem desirable, and shall by such name set forth in their Rights and articles of association, have and enjoy all the powers and privileges, and be subject to the liabilities mentioned in the aforesaid provisions of the compiled laws.

privileges.

Rates of

fare.

SEC. 3. Companies formed under the provisions of this act may fix and collect rates of fare on their respective roads, not exceeding five cents per mile, or any fraction of a mile, for each passenger.

Approved March 27, 1867.

Liabilities limited only

[ No. 124. ]

Laws of 1867, p. 165.

AN ACT to fix the Liability of Railroad Companies, as Common Carriers, in

Certain Cases.

SECTION 1. The People of the State of Michigan enact, That by written no railroad company shall be permitted to change or limit its

contract.

Right to

collect and

deliver freight.

Proviso.

Ibid.

common law liability as a common carrier, by any contract, or in any other manner, except by a written contract, none of which shall be printed, which shall be signed by the owner or shipper of the goods or property to be carried.

SEC. 2. Nothing in this act shall be so construed as to interfere in any way with the right of railroad companies to collect or deliver freights from and to any of their depots or elsewhere, and said railroad companies shall, under this act, have the right to collect and deliver said property: Provided, That no additional charge shall be made therefor: Provided further, That nothing herein contained shall be so construed as to preclude any owner or shipper of any such goods, freight, or property, from hauling the same to or from any place or places connected with any railroad where such property, freight, or goods are deliverable.

Approved March 27, 1867.