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by furnishing any part of the materials, or executing any part of the construction of said road.

charter.

Sec. 5. This act shall be and remain in force for the term of sixty Duration of years from and after its passage; but the Legislature may at any time alter, amend or repeal this act by a vote of two-thirds of each branch thereof; but such alteration, amendment or repeal, shall not be made within thirty years from the passage of this act, unless it shall be made to appear to the Legislature that there has been a violation by the company of some of the provisions of this act: Provided, That after said thirty years, no alteration or reduction of the tolls of said company shall be made during its existence, unless the yearly nett profits of said company, over and above all expenses, shall exceed ten per cent. on the capital stock invested.

Sec. 6. Said company shall be subject to all general laws of this State now in force relative to plank roads, and the same are hereby made a part of this act.

Sec. 7. This act shall take effect and be in force from and after its passage.

Approved March 25, 1850.

Proviso.

Subject to gener'l laws

[ No. 141. ]

AN ACT to incorporate the Union City and Fremont Plank Road

Company.

tion.

Section 1. Be it ena ted by the Senate and House of Representatives Incorpora of the State of Michigan, That Thomas Mosely, William Aldrich, Harvey Warner, L. D. Crippen, Henry C. Lewis, James Pierson, Stewart Davis, Daniel Wilson, William Chase, and Oliver Burdick, Jr., of the county of Branch, be and they are hereby appointed commissioners, under the direction of a majority of whom subscriptions may be received to the capital stock of the Union City and Fremont Plank Road Company; and the subscribers thereto, with such other persons as they 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 of the Union City and Fremont Plank Road Company.

Sec. 2 Said company hereby created shall have the power to lay

Route.

Capital.

Duration of charter.

Proviso.

Charter.

General provisions.

out, establish and construct a plank road, and all necessary buildings and apparatus, from the village of Union City in the county of Branch, on the most eligible route to the State line dividing the State of Michigan from the State of Indiana, by the way of Hercules' Mills in the township of Union, thence to Coldwater, Oviad and Kinderhook, in the county of Branch.

Sec. 3. The capital stock of said company shall be thirty thousand dollars, to be divided into twelve hundred shares of twentyfive dollars each, with the power to increase said capital stock to fifty thousand dollars, with a corresponding increase of the number

of shares.

Sec. 4. This act shall be and remain in force for the term of sixty years from and after its passage; but the Legislature may at any time alter, amend or repeal this act by a vote of two-thirds of each branch thereof; but such alteration, amendment or repeal shall not be made within thirty years from the passage of this act, unless it shall be made to appear to the Legislature that there has been a violation by the company of some of the provisions of this act: Provided, That after said thirty years, no alteration or reduction of the tolls of said company shall be made during its existence, unless the yearly nett profits of said company, over and above all expenses, shall exceed ten per cent. on the capital stock invested: Provided, There be no violation of the charter of said company.

Sec. 5. If the company shall complete six miles of said road at any one place on the line of said road, within the time limited for the completion of the whole of said road, the charter of said company shall be and remain in force for that extent of road as fully as if the whole road had been completed.

Sec. 6. Said company shall be subject to all general laws of this State now in force relative to plank roads, and the same are hereby made a part of this act.

Sec. 7. This act shall take effect and be in force from and after its passage.

Approved March 25, 1850.

[No. 142. ]

AN ACT to incorporate the Cassopolis and Dowagiac Plank Road

Company.

tion.

Section 1. Be it enacted by the Senate and House of Representatives Incorporaof the State of Michigan, That Ezekiel S. Smith, Asa Kingsbury, Henry C. Seybrook, Joshua Lofland, Simeon E. Dow, Andrew J. Mosher and Patrick Hamilton, of the county of Cass, be and they are hereby appointed commissioners, under the direction of a majority of whom subscriptions may be received to the capital stock of the Cassopolis and Dowagiac Plank Road Company; and the subscribers thereto, with such other persons as they 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 and style of the Cassopolis and Dowagiac Plank Road Company, with corporate succes

sion.

Sec. 2. Said company hereby created shall have the power to lay out, establish and construct a plank road, and all necessary buildings, from the village of Cassopolis, on the most eligible route to the village of Lagrange, thence upon the most feasible route to the village of Dowagiac in the county of Cass.

Sec. 3. The capital stock of said company shall be twelve thousand dollars, in four hundred and eighty shares of twenty-five dollars each.

Route.

Capital.

Duration of

charter.

Proviso.

Sec. 4. This act shall be and remain in force for the term of sixty years from and after its passage; but the Legislature may at any time alter, amend or repeal this act by a vote of two-thirds of each branch thereof; but such alteration, amendment or repeal shall not be made within thirty years from the passage of this act, unless it shail be made to appear to the Legislature that there has been a violation by the company of some of the provisions of this act: Provided, That after said thirty years, no alteration or reduction of the tolls of said company shall be made during its existence, unless the yearly nett profits of said company, over and above all expenses, shall exceed ten per cent. on the capital stock invested: Provided, Proviso. There be no violation of the charter of said company. Sec. 5. The said company shall be subject to all general laws of this State now in force relative to plank roads, and the same are made a part of this act.

General provisions.

Banking

Sec. 6. This act shall not be construed to give any banking power

prohibited to said company, directly or indirectly.

Sec. 7. This act shall take effect and be in force from and after its passage.

Approved March 25, 1850.

Dam autho rized.

Description

Rights of persons reserved.

Damages.

Trespass on dam, &c.

[ No. 143. ]

AN ACT to authorize C. C. Darling and B. F. Bailey to erect a dam across the Grand River.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That C. C. Darling and B. F. Bailey be and the same are hereby authorized to erect and maintain a dam across Grand River, on the south-west quarter of section twentyfour, in township three north of range three west, in the county of Eaton.

Sec. 2. The said dam shall not be more than six feet in height above common low water mark; and shall have constructed therein a shute or slide, so as to permit the free passage of all boats, rafts and other water craft navigating said river, which shute or slide shall be constructed in said dam at the time of the erection thereof; and the said C. C. Darling and B. F. Bailey, their heirs or assigns, shall keep the same in good repair.

Sec. 3. Nothing herein contained shall permit the said C. C. Darling and B. F. Bailey, their heirs or assigns, to enter upon or flow the lands of any other person or persons, without the consent of such person or persons.

Sec. 4. If at any time hereafter the water should be required to be drawn from said river for the purposes of internal improvements or navigation, it shall not be lawful for the said C. C. Darling and B. F. Bailey, their heirs or assigns, to receive any damages therefor.

Sec. 5. Any person who shall destroy, or in any wise injure said dam, shute or slide, shall be deemed to have-committed a trespass upon the owners thereof, and be liable accordingly; and any person who shall wilfully or maliciously destroy or injure said shute or slide, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine or imprisonment in the county jail, or both, in the discretion of the court.

Sec. 6. The Legislature shall have the power at any time hereaf ter to alter, amend or repeal this act.

Sec. 7. This act shall take effect from and after its passage.
Approved March 25, 1850.

[ No. 144. |

AN ACT to amend an act entitled an act to exempt a homested from forced sale in certain cases.

Act amend

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That section one of an act entitled "an act ed. to exempt a homested from forced sale in certain cases," approve d' March 25th, 1848, be and the same is hereby amended by adding thereto the words following: "This section shall be deemed and construed to exempt such homested in the manner aforesaid during Homested; the time it shall be occupied by the widow or minor child or children of any deceased person who was when living entitled to the benefits of this act.”

when ex

empt.

money.

Sec. 2. That section two of said act to which this act is amendaMortgage for tory, be and the same is hereby amended by adding to end of said purchase section the following: "Unless such mortgage shall be given to secure the payment of the purchase money or some portion thereof." Sec. 3. This act shall take effect from and after its passage. Approved March 25, 1850.

[No. 145. ]

AN ACT to amend an act entitled an act to incorporate the Hillsdale and Indiana Plank Road Company.

dod.

Section 1. Be it enacted by the Senate and House of Representatives Time extenof the State of Michigan, That all the provisions of the act incorporating the Hillsdale and Indiana Plank Road Company, approved April 3d, 1848, which it was made necessary for the company to comply with and perform within a limited time from the passage of said act, are hereby extended two years beyond the time provided

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