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out of the general fund, in any moneys not otherwise appropriated, in favor of the several persons named in section one of this act, for the sums hereby appropriated to such persons respectively.

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

Approved March 30, 1850.


( No. 192. ] AN ACT to incorporate the Battle Creek and Gull Prairie Plant

Road Company Section 1. Be it enacted by the Senate and House of Representatives Incorpore.

of the State of Michigan, That Edward Packer, Abraham Frost, Mum, ford Eldred, junr., John Stewart and Elnathan Judson 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 Battle. Creek and Gull Prairie 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 Battle Creck and Gull Prairie Plank Road Company.

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

out, establish and construct a plank road, and all necessary build. ings, from the village of Battle Creek in the county of Calhoun, on the most eligible route to Gull Prairie in the township of Richland in the county of Kalamazoo, with the right of uniting said road at any point with the plank road of any other company.

Sec. 3. The capital stock of said company shall be the sum of fifty Capital.

thousand dollars, to be divided into two thousand shares of twenty five dollars each; and said company shall be subject to all general laws of this state relative to plank roads, not inconsistent with section four of this act.

Sec. 4. 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 20: be made within thirty years from the pacers of this act, unlose it


shall be made to appear to the Legislature that there has been a vielation by the company of some of the provisions of this act: Procided, 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. of the capital stock invested: Provided, Proviso. There be no violation of the charter of, said company.

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

provisions. made a part of this act.

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

Approved March 30, 1850.


Duties of


[ No. 193. ] AN ACT to provide for the collection of taxes assessed on personal

property in certain cases. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That whenever any tax which shall have township been or which may hereafter be assessed on personal property in this Slate, shall be returned by any township treasurer for non-payment, under the provisions of section forty-five of chapter twenty of the revised statutes of eighteen hundred and forty-six, it shall be lawful for the treasurer of the township from which any such tax is so returned, in the name of such township, to sue the person or persons against whom such tax was assessed, before any court of competent jurisdiction, and to have, use and take all lawful ways and means provided by law for the collection of debts, to enforce the payment of any such tax.

Sec. 2. Executions issued upon judgments rendered for any such tax may be levied upon any property liable to be seized and sold under warrants issued for the collection of taxes by township supervisors, and the proceedings of an officer with any such execution shall be the same in all other respects as are now directed by law.

Sec. 3. The production of any assessment roll on the trial of any action brought for the recovery of a tax therein assessed, may, upon roll may be proof that it is either the original assessment roll, or the assessment dence.


used in evi

roll with the warrant annexed, of the township named as the plaintiff in such action, be read or used in evidence; and if it shall appear from said assessment roll that there is a tax therein assessed against the defendant in such suit, it shall be prima facia evidence of the legality and regularity of the assessment of the same, and the court before whom the cause may be pending shall proceed to render judg. ment against the defendant, unless he shall make it appear that he has paid such tax.

Sec. 4. No stay of execution shall be allowed on judgment rendered under the provisions of this act.

Sec. 5. This act shall take effect from and after its passage.
Approved March 30, 1850.

No stay al. lowed.

[ No. 194. ] AN ACT to provide for establishing the seat of justice for the county

of Neewaygo. Section 1. Be it enacted by the Senate and House of Representatives Commiss'rs

of the State of Michigan, That the Executive be and he hereby is authorized and required to appoint three commissioners to locate the seat of justice for the county of Neewaygo.

Sec. 2. The commissioners, or a majority of them, shall, within Their duties sixty days after being notified of their appointment, take an oath or

affirmation faithfully to discharge the duties assigned to them, and that they have no interest directly or indirectly therein, and pro ceed to locate the seat of justice in said county, as by their appointment directed. And when they shall have located said seat of justice, they shall report their proceedings to the Executive; and if he approve of the same, he shall endorse his approval thereon, and cause

it to be filed in the office of the Secretary of State; and the ExecuExecutive;

tive shall cause a proclamation to be made establishing a seat of jus. his duty.

tice in said county of Neewaygo, agreeable to the report of the commissioners so made and aceepted, and such proclamation he shall cause to be published in two papers printed in the State of Michigan: Provided, That if in his opinion anything tending to impeach the fairness of the proceeding on the part of the commissioners shall be communicated to the Executive, he shall not approve of said lo


eation, but shall report the whole proceeding to the next Legislature, to be disposed of as said Legislature may deem expedient.

Sec. 3. The said commissioners shall be allowed three dollars for Pay of comevery day on which they may be engaged in exploring said county, for the purpose of locating said county site, and three dollars for every twenty miles travel in going to and returning from said county; which amount shall be paid to the said commissioners by the person or persons upon whose lands the seat of justice may be located, before any such location shall be approved either by the Executive or the Legislature: Provided, It shall be located on lands not belonging to the United States or to this State: And Provided, That no more than twenty days pay for each commissioner shall be allowed: Provided, That the State shall in no case be liable for the expenses er services rendered by the said commissioners.

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

Approved March 30, 1850.

[ No. 195. ] AN ACT to amend an act entitled an act to authorize the sale of the

Southern Railroad and to incorporate the Michigan Southern Railroad Company, approved May 9, 1846. Section 1. Be it enacted by the Senate and House of Representatives Time ex

tended of the State of Michigan, That the time for the Michigan Southern Railroad Company to construct, finish and put in operation said road from Hillsdale in the county of Hillsdale, to Coldwater in the county of Branch, shall be and the same is hereby extended one year beyond the time limited for that purpose in their act of incorporation, in the title of this act mentioned: Provided, Said Michigan Southern

Proviso. Railroad Company shall construct, finish and put in operation said road from Hillsdale to Jonesville in the county of Hillsdale, by the fifteenth day of September next.

Sec. 2. It shall be lawful for said company to pay in cash or any Payments. of the classes of State indebtedness which by the act ineorporating said company or by law may be receivable by the State in payment of the purchase money, at the rates mentioned in their act of incorporation, and it shall be the duty of the State Treasurer of this state

State Auditorg

to receive, whenever tendered by said company, any or all of the unpaid portion of the purchase money or purchase price and interest due or to become due to the State, at any time before the same may

become due by the terms of their charter. And all payments which nutyof State shall be made in pursuance of this section shall be credited and apTreasurer.

plied by said Treasurer, first upon the interest, and then the balance upon instalments of principal which will become first payable according to said act of incorporation. And from and after the full payment of the purchase money and interest thereon, then remaining unpaid by said company to the State, the said railroad and its appurtenances, rights, franchises and property of every description, shall vest in and become the absolute property of said company, free, clear and discharged of and from all liens and encumbrances of the State upon the same for the payment of the purchase money and interest thereon. But before said company shall be entitled to such discharge, the said company shall submit to and abide the decision of the board of State auditors upon the claim of the State against said company for nine thousand dollars, with interest from the twentythird day of December, eighteen hundred and forty-six, for a locomotive and freight cars put on said road by the State, after July, eighteen hundred and forty-six, against which and in discharge whereof the said company elaim to be allowed a considerable deficiency in the property delivered to them, from the inventory furnished to the corporators; and said board of State auditors shall, between the first and twentieth days of June next, give to said company or to the secretary thereof thirty days previous notice of the time and place of hearing; and the decision of said board of auditors shall be final and conclusive in the premises; and if any sum shall by the said board be found due from said company to the State, said


said sam so found due, in addition to the next instalments of the purchase price, or within six months from the time of receiving notice of such decision.

Sec. 3. For the purpose of providing means for the payment of May issue its debts, and for the construction, extension and completion of its

railroads, shops, depots, buildings and equipments, said company may issue its corporate bonds or obligations for such amounts not less than five hundred dollars, and in the aggregate not exceeding their capital stock, and in such form as it may deem proper, and pay:


company shall


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