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chartes.

Proviso.

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

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 wolls 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 subject to

genei'llaws Sate 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.

tion.

[ No. 141. ] AN ACT to incorporate the Union City and Fremont Plank Road

Company. Section 1. Be it ena ted by the Senate and Ilouse of Representatives Incorpora: of the Slate 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.

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 thou"sand dollars, to be divided into twelve hundred shares of twentyfive dollars each, with the power to increase said capital slock 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

time aler, 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

Duration or charter.

at any

Proviso.

said company.

Charter.

General provisions.

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 conpany 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. Section 1. Be it enacted by the Senate and House of Representatives Incorporaof the State of Michigan, That Ezekiel S. Smith, A sa Kingsbury, tion. Henry C. Seybrook, Joshua Lofland, Simcon 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 succession.

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

Capital. sand dollars, in four hundred and eighty shares of twenty-five dollars each.

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, po alteration or reduction of the tolls of said company shall be made during its existence, unless the Fearly nett profits of said company, orer 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.

Duration of charter:

Proviso.

General provisions.

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

Damn tuthorized.

[ No. 143. ] AN ACT to authorize C. C. Darling and B. F. Bailey to erect a dam

across the Grand River. Section 1. Be il 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 Description

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. Rights of Sec. 3. Nothing herein contained shall permit the said C. C. Dar

ling 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 Damages.

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 Trespass on dam, &c.

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.

persong roseryed.

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

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

Act amend

[ No. 144.1 AN ACT to amend an act entitled an act to exempt a homested

from forced sale in certain cases. 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," approved 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

Hoinested; 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.” Sec. 2. That section two of said act to which this act is amenda

Mortgage 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.

when exempt.

money.

[ No. 145. ] AN ACT to amend an act entitled an act to incorporate the Hills

dale and Indiana Plank Road Company. Section 1. Be it enacted by the Senate and House of Representatives Time exten

dod. inf 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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