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New sect'n.

When provisions to

apply.

spectors transmitted to him by the various county clerks, and embody in his annual report to the Legislature such facts as are in his opinion necessary and useful, and as are required by law; and shall as soon as can conveniently be done after making the annual apportionment, transmit the notice thereof to the county clerks, as required by law.

Sec. 3. That a new section be added to said chapter, to stand as section ten, to read as follows: "Sec. 10. The said superintendent shall, at the expiration of his term of office, deliver over on demand to his successor, all property, books, documents, maps, records, reports, and other papers belonging to his office, or which may have been received by him for the use of his office."

Sec. 4. The provisions of this act shall apply to the official year ending April 19th, 1850.

Sec. 5. This act shall take effect and be in force from and after its passage.

Approved March 29, 1850.

Organizat'n

Officers.

Suits; taxes.

[ No. 183. ]

AN ACT to organize the county of Midland.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the county of Midland shall become duly organized, and the inhabitants thereof entitled to all the rights, privileges and immunities to which by law the inhabitants of other counties of this state are entitled, from and after the thirty-first day of December, one thousand eight hundred and fifty.

Sec. 2. There shall be elected in the said county of Midland, on the first Tuesday of November in the year eighteen hundred and fifty, all the several county officers to which, by law, the said county is entitled, and said election shall in all respects be conducted and held in the manner prescribed by law for holding elections for county and state officers.

Sec. 3. All suits, prosecutions, and other matters now pending, or which shall be pending on the thirty-first day of December, eighteen hundred and fifty, before any court or before any justice of the peace of the county to which the said county of Midland is attached for

judicial purposes, shall be prosecuted to final judgment and execution; and all taxes heretofore levied, or which shall be levied in accordance with law, previous to the thirty-first day of December, eighteen hundred and fifty, shall be collected in the same manner as though this act had not passed.

Sec. 4. The board of canvassers in said county, under this act, Election. shall consist of two of the presiding inspectors of elections from each township therein; and said inspectors shall meet at the county seat at the time appointed by law for the county canvass, and immediately after the election authorized in the second section of this act, and organize by appointing one of their number chairman and another secretary of said board, and shall thereupon proceed to diseharge all the duties of a board of county canvassers, as in ordinary cases of election for county and state officers.

County seat

-duty of

Sec. 5. That the county seat of the said county of Midland shall be and is hereby fixed at the settlement at the forks of the Tittaba-et wssee River in said county, until the year of eighteen hundred and sixty; and it shall be the duty of the sheriff of the said county, under the direction of the supervisors thereof, to provide a suitable place for holding courts in said county, at or near the county seat, until the public buildings shall be erected for that purpose.

Sec. 6. This act shall take effect and be in force from and after its passage.

Approved March 29, 1850.

[ No. 184. ]

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AN ACT to incorporate the Ontonagon Plank Road Company. Section 1. Be it enacted by the Senate and House of Representatives Incorperaof the State of Michigan, That Luther W. Clark, Augustus Coburn and Josiah Chandler, 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 Ontonagon Plank Road Company; and 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 and style of the Ontonagon Plank Road Company, with corporate succession.

Route.

Capital.

Duration of charter.

Repeal.

General

Sec. 2 Said company hereby created shall have the power and authority to lay out, establish and construct a plank road, and all necessary buildings, from the Aztec or Adventure mine, or near the same, in the county of Ontonagon, to some point on the Ontonagon river in said county, or on the most eligible route to the southern shore of Lake Superior, in said county.

Sec. 3. The capital stock of said company shall be fifty thousand dollars, divided into two thousand 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 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 of the passage of this art, 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 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 shall be no violation of the charter of said company.

Sec. 5. Said company shall be subject to all general laws of this provisions State now in force relative to plank roads, and the same are here

by made a part of this act.

Sec. 6. This act shall take effect and be in force from and after its passage.

Approved March 29, 1850.

[ No. 185. ]

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AN ACT in relation to certain taxes in the southern part of the county of Gratiot.

Whereas, In the years eighteen hundred and forty-seven and forty-eight, certain unorganized towns in the south part of Gratiot county, formerly attached to the county of Saginaw, were set off and attached to the northern tier of townships in the county of Clin

ton;

And Whereas, Certain taxes returned on lands lying in the un- Preamble. organized towns above mentioned, returned by and credited to Saginaw county, when said towns were attached to that county, have, under existing laws, been charged back to Clinton county, having been assessed upon land belonging to Indians and to the United States, or lands held by the State as State tax lands;

And Whereas, The same not being re-assessable upon the lands Ibid. on which they were originally returned, they would become a charge upon the townships to which they now belong, thus throwing a part of the taxes of Saginaw county of former years upon certain townships in the county of Clinton; therefore,

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the Auditor General be and he is hereby authorized and required to credit the county of Clinton with all taxes heretofore charged to said county upon lands lying in the south half of Gratiot county, which were returned from Saginaw county, and have been charged back to Clinton county, on acconnt of the lands assessed having been Indian and United States lands, or State tax lands, or for any other cause rendering the taxes not reassessable upon the same lands, and charge the same to the county of Saginaw, from which they were returned.

Sec. 2. This act shall take effect from and after its passage.
Approved March 29, 1850.

Duty of

Aud. Gen'l

No. 186. ]

Incorpora

AN ACT to incorporate the Battle Creek Mill Canal Company. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Jonathan Hart, William Wallace, Da- tion. vid Cady, Philip H. Jewell, Abel Densmore, John Gardner, Henry J. Cushman and Trowbridge Rockwell, and their associates and successors, are hereby incorporated and declared to be a body corporate, by the name of "The Battle Creek Mill Canal Company."

Sec. 2. Said corporation shall be capable in law of purchasing, Powers. holding, leasing, or otherwise acquiring any estate, real or personal, for the use of said corporation; but the value of such real estate shall not exceed the sum of fifty thousand dollars, at the purchase

Dam and

er.

prices thereof, and shall be only such as shall be necessary for the objects of said company, as specified in section three of this act.

Sec. 3. The object and business of said corporation is to maintain water pow- and keep up a dam across the Kalamazoo river in the township of Battle Creek, in the county of Calhoun, at some convenient point south of the village of Battle Creek, to conduct the waters of said river in a canal to said village, and to discharge the same into the said river or the Battle Creek, at such place or places as they shall deem most convenient, thereby to create a water power for propel ling all kinds of machinery, and to supply and to secure to the persons incorporated, in the best and most efficient manner, the use and benefit of their respective rights and interest in such water power.

Directors.

Ofoers.

Members.

Directors.

Sec. 4. The business of said corporation shall be managed and transacted by and under the direction of five directors, who shall reside in said village of Battle Creek, and shall be owners in said water power.

Sec. 5. The directors shall choose one of their number president of said corporation, and one other person to be clerk, and may appoint such other officers and agents as they may deem necessary for conducting the business of the corporation.

Sec. 6. All persons who are or who may hereafter become interested in said water power, by having purchased or by purchasing the right to use a certain amount of water to be taken from said mill canal, and by signing or by having signed the articles of association hereafter to be kept in the office of the clerk, shall become and be deemed members of the corporation, and shall be entitled to vote for directors in the following manner: The person owning the right of use of sufficient water to be taken from said canal to propel one run of mill stones of the diameter of four feet and eight inches, with the requisite machinery therefor, shall be entitled to two votes; the person owning the right to use one-half as much, shall be entitled to one vote; and the person owning the right to use twice as much, shall be entitled to four votes, and so on in the same proportion.

Sec. 7. The first directors shall be Jonathan Hart, William Wallace, David Cady, Henry J. Cushman and Trowbridge Rockwell, who shall hold their offices until the first Monday of March in the year one thousand eight hundred and fifty-one, and until an elec

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