tion of directors shall take place, which shall be on the first Monday Election. of March annually, at such place as a majority of the directors shall direct. Of the time and place of such election, three weeks previous Notice. notice shall be given by the clerk, by publishing the same in a newspaper published in said village of Battle Creek, if one be published in said village; if not, then by publishing the same in some newspaper in said county of Calhoun, and posting up notices thereof in three of the most public places in said village. And if any vacancy shall happen among the directors, by death, resignation or otherwise, sach vacancy may be filled for the remainder of the year by such person as the other directors or a majority of them shall appoint.

Vacancy.

Sec. 8. The corporation hereby created shall have power to sue By-laws. and be sued, to have a common seal, and to make regulations and by-laws for its own government.

may sell.

Sec. 9. The president and directors of said corporation shall Company have power to lease out or sell any lands or tenements, water powers, rights or privileges, belonging to said corporation, as they shall deem most beneficial to the interest of the company; and out of the avails thereof shall first pay for the building of the dam across said river, and for all lands purchased for the use and benefit of said company, and for improving said canal; and the remainder, if any, shall be divided among the owners of said water power, in proportion to the amount so owned by them.

Sec. 10. Said president and directors shall also have power to pre- Powers. scribe and determine the size and character of said mill canal, and the manner of connecting therewith the several flooms and raceways so as to regulate and measure the flow of water to each according to the rights and relative priority respectively, and to construct and maintain all dams, bulkheads, wasteweirs and mill canals which may be necessary to maintain and secure a supply of water; and for that purpose, and for the purpose of raising all necessary funds, they may make assessments upon the said several water powers, which said assessments shall be a charge and lien upon the several water powers so assessed, and the owner or person in possession, and every subsequent owner or possessor, shall be liable therefor in an action to be prosecuted in any court of competent jurisdiction.

Sec. 11. A tenant in possession of any of said water power, for a term of years, or for a year or less, or at will, who may pay such

Assessm❜nto

Ibid.

Speci Ielec

tion.

General provisions.

Damages

assessment, may have the same applied on any rent in arrear or to accrue, or he may sue the owner and recover the same; but this shall not apply to a case where an agreement exists between the owner and tenant, by which the tenant is bound to pay such assessment.

Sec. 12. If, through any cause, an election of directors should not take place on the first Monday of March, as herein provided, the corporate powers hereby created shall not thereby be dissolved and annulled, but the corporators, or a majority of them, may call a special election, and give notice thereof as herein provided, which shall not be more than six months after the time of the annual election; at which said special election directors may be chosen in the same manner as is herein provided for at the annual election.

Sec. 13. The corporation hereby created shall, in addition to the powers and privileges herein granted, possess the general powers and be subject to the general restrictions and liabilities prescribed in chapter fifty-five of the revised statutes of this State.

Sec. 14. Nothing in this act contaiued shall prejudice the right of any person or persons to bring any action for damages for diverting the waters of either the Kalamazoo river or Battle creek, or for flowing or otherwise injuring any land of any person or persons.

Sec. 15. This act may be altered, amended or repealed by a twothirds vote.

Sec. 16. This act shall take effect and be in force from and after its passage.

Approved March 29, 1850.

Amendment

[No. 187. ]

AN ACT to amend the charter of the village of Pontiac.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That section eight of an act entitled "an act to amend an act entitled 'an act [to] incorporate the village of Pontiac,'" approved 27th February, 1842, be amended by striking out all after the word "government," in the 2d line of said section, and ininserting in lieu thereof, "except as otherwise provided for by this act."

act 89 1'42

revived.

See. 2. That act number 71, entitled "an act relative to the village Act 71 of 48 of Pontiac," approved March 15, 1848, be and the same is hereby repente, repealed; and all the provisions of act number 89, entitled "an act to amend an act entitled 'an act to incorporate the village of Pontiac,'" approved February 27th, 1842, be and the same are hereby revived and continued in force,

health.

Sec. 3. The common council of said village are hereby created a Board of board of health, with the same powers and duties, and subject to all the provisions, that are conferred upon the supervisor and justices of the peace of the respective townships, as provided for by title 8, chapter 35 of the revised statutes of 1846.

Sec. 4. This act shall take effect and be in force from and after its passage.

Approved March 29, 1850.

[ No. 188. |

AN ACT to amend an act entitled an act to revive and continne in force an act entitled an act to incorporate the Peninsular Mutual Fire and Marine Iusurance Company, approved March 12, 1844, under the name and style of the Detroit Fire and Marine Insurance Company, approved March 31, 1849.

ed.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That an act entitled "an act to revive and Act amendcontinue in force an act entitled 'an act to incorporate the Peninsular Mutual Fire and Marine Insurance Company,' approved March 12th, 1844, under the name and style of the Detroit Fire and Marine Insurance Company," approved March 31st, 1849, be amended by striking out of section seven the words "thirty days," and inserting in lieu thereof the words "two years."

Sec. 2. This act shall take effect and be in force from and after its passage.

Approved March 29, 1850.

[ No. 189. ]

AN ACT to authorize Ambrose P. Young, guardian of the minor heirs of Joseph Tures, deceased, to convey certain real estate.

well.

Section 1. Be it enacted by the Senate and House of Representatives Authority ta of the State of Michigan, That Ambrose P. Young, guardian of the

¿Proviso.

-cute bonds.

minor heirs of Joseph Tures, deceased, of the county of Wayne, be and he is hereby empowered and authorized to sell, at private sale, the real estate belonging to the estate of the said Joseph Tures, deceased, and on such sale to make all necessary eonveyance to any purchaser or purchasers of the same; which conveyance, after being duly acknowledged, may be recorded in the register's office of the county where said lands are situated: Provided, The Judge of Probate of the county of Wayne shall approve the sale of said lands and endorse his approval of the sale on the deed conveying said land.

Sec. 2. Before the lands mentioned in the first section of this act Shall exe shall be conveyed, the said Ambrose P. Young shall execute and deliver to the Judge of Probate of the county of Wayne, a bond, with at least two sufficient sureties, to be approved by the said Judge of Probate, conditioned that he will faithfully apply the proceeds of such sale to the payment of the just debts against the estate of the said deceased, and the balance, (if any there shall be,) for the support, maintenance and education of the minor children of the said Joseph Tures, deceased.

Sec. 3. This act shall take effect and be in force from and after its passage.

Approved March 29, 1850.

[ No. 190. ]

Bec.1 amen.ded.

Sec. 59 amended.

AN ACT to amend chapter seventy-two of the revised statutes of 1846.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That section one of chapter seventy-two of the revised statutes of 1846, be and it is hereby amended by striking out of the second line all after the word "by," and inserting the following words, viz: "the judge of any court of probate, such judge may, in his discretion, or upon the written application of the executor or administrator." Also, amend section fifty-nine by inserting between the words "omitted" and "no," in the second line, the following words, viz: "the judge of probate shall perform the duties devolving upon such commissioners by law."

Sec. 2. This act shall take effect and be in force from and after

AN ACT to provide for paying certain expenses incurred and authorized by the Adjutant General in securing and repairing arms, ordnance and accouterments belonging to the State.

Pattison..

Schwarz.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the following sums be and they are hereby appropriated out of any money not otherwise appropriated: to Peter Morey, twenty-five dollars and fifty cents, for services ren- P. Morey. dered and expenses incurred as assistant Adjutant General, under the order of the Adjutant General, in recovering and securing certain arms, accouterments and ordnance, lately in possession of the Tecumseh Troop of Flying Artillery, and the Lenawee Light Artillery; to Moses Hawks, for publishing Adjutant's notice to town and county M. Hawks. clerks, in the Allegan Record, two dollars and forty-seven cents; to Munger and Pattison, for publishing general orders and printing no- Munger & tices for Adjutant General's office, twelve dollars; to John E. John E. Schwarz, Adjutant General, for money paid for blacksmithing and carpenter work, two dollars and seventy-seven cents; to L. H. Hubbard, for collecting and packing arms and accouterments in Macomb county, ten dollars and fifty cents; to C. W. Williams, for glazing c. w.wildone in State building at Detroit, eleven dollars and sixty-three cents; to A. Kaminsky, for publishing and printing general orders, A. Kaminosix dollars; to H. H. Dunklee, for printing for Adjutant General's H.H. Dunkoffice, twenty-nine dollars and thirty cents; to William Mynehan, W.Myneh'n for hauling ordnance to Central Railroad, two dollars and twenty-five cents; to the Michigan Central Railroad Company, for transporting Mich. C. R. ordnance, eighteen dollars and sixty-seven cents; to Elliott M. Gray, E. M. Gray. for cleaning muskets, cannon, carriage and harness, sixteen dollars and thirteen cents; and to Heber Cowden, for collecting, transport. H. Cowden. ing and cleaning arms, accouterments, and scouring the same, thirty dollars.

L. H. Hub bard.

liams.

ky.

Jee.

R. Co.

diter Gen'!.

Sec. 2, That the Auditor General be and he is hereby authorized Duty of Auand directed to draw his warrant on the State Treasurer, payable