Authorized stock. of Baltimore, in the county of Barry, are hereby authorized to subscribe any sum of money not exceeding five thousand dollars, to the to subscribe capital stock of the Battle Creek and Hastings Plank Road Company; and for the purpose aforesaid, the township board of said town are hereby authorized to issue orders at a rate of interest not exceeding seven per cent. per annum, on the credit of said township, and for the final payment of such principal sum and interest thereon, to pledge the faith of said township. They shall levy and collect an- Tax levied nually such taxes as together with the tolls arising from said stock will pay the interest of such orders; and at the end of five years the said township shall levy a tax sufficient to pay one-half of the principal of said orders, and at the end of ten years a further tax sufficient to pay the balance. to pay. stock. Sec. 2. The said township may at any time sell the stock that they May sell may so take for the purpose of paying said orders, but for no other purpose; and the said taxes shall be collected in the same manner as is provided for the collection of other taxes. Assent of Sec. 3. No subscription shall be made by said township without the assent of the qualified electors of the same, which shall be ob- electors. tained as follows: the officers of said township shall give at least ten days' notice of the time and place that a vote will be taken on the question of making such subscription as aforesaid, which notice shall be posted up in three of the most public places in said township, and the qualified electors of said township shall at such election vote by ballot "for subscription," or "against subscription;" and if for subscription, they shall also indicate on the ballots whether for one, two, three, four or five thousand dollars; said election shall be conducted and regulated the same as township elections. board. Sec. 4. If it shall appear that all of said votes in the township are in favor of subscription, then the said township board shall make the Township subscription, and issue orders for that purpose, but not for any other sum than that having the largest number of votes. Sec. 5. The proportion of any dividend of tolls belonging to any subscription of stock shall be paid to the township treasurer of said town, to be kept by him as other moneys belonging to the township; but the same shall not be appropriated to the use of the general fund Dividends Supervisor. Dam an Morized. Height of lam & lock.. of the township. until the interest on such orders for the year on which said dividend shall be paid.. Sec. 6. The supervisor of said township is hereby authorized to cast any votes which the township may be entitled to by such subscription of stock, at any meeting of the directors of said plank road company. Sec. 7. This act shall take effect and be in force from and after its passage. Approved April 2, 1850. [ No. 286. ] AN ACT to authorize Reuben Perryne and David Perryne to build a dam across Grand River, in the county of Eaton Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Reuben Perryne and David Perryne, their heirs and assigns, be and they are hereby authorized and empowered to build a dam across the Grand River, in the county of Eaton, on section two, in township one north of range, three west; the dam to be built on the south-east quarter of said section. Sec. 2. Said dam shall not exceed six feet in heighth, and the oc▪ cupants shall construct therein or thereat, a convenient lock, for the safe passage of boats, rafts and other water crafts; and such lock shall be constructed at such time and of such dimensions as may be ordered by the county judge of the county of Eaton. Sec. 3. Nothing in this act shall be so construed as to authorize the persons above named, their heirs or assigns, to enter upon or flow the land of any person or persons. Sec. 4. This act shall take effect from and after its passage.. Boundaries. [ No. 287. ] AN ACT to incorporate the village of Battle Creek. Section 1. Be it enacted by the Senate and House of Representatives. of the State of Michigan, That all that tract of country situated in Emmett, in the county of Cal Aoun, and described as follows, to wit: beginning at the quarter post on the west side of section seven in the township of Emmett, in the county of Calhoun and State of Michigan, and running thence east erly on the east and west quarter line of said section seven, to the north and south quarter line of said section; thence northerly on the said north and south quarter line to the north line of said section, and to the Battle creek; thence along the Battle crock to the quarter post on the south side of section six, to the east and west quarter line of said section six; thence westerly on said east and west quarter line to the town line; thence along said town line to the quarter post on the east side of section one, in the township of Battle Creek in the county aforesaid; thence westerly to the northerly corner of the surveyed plat of the original village of Battle Creek; thence along the northwesterly side of said village plat to the Kalamazoo river; thence south, four degrees east, to the east and west quarter line of section twelve, in Battle Creek aforsesaid; thence easterly along said east and west quarter line to the town line between Battle Creek and Emmett aforesaid; thence along said town line to the place of beginning, be and the same is hereby constituted a village corporate, under the name of the village of Battle Creek.. Sec. 2. The electors of said village shall meet at the Battle Creek House on the first Monday in May next, and on the first Monday of March in each year thereafter, at such place as the electors shall designate at the preceding election, and proceed to the election, by a plurality of votes, given by ballot, of a president, four trustees, à clerk, two assessors, a marshal and a treasurer, who shall also be collector, and who shall hold their offices respectively for the term of one year, and until their successors are elected and qualified. And if the election shall not be held on the day above named, the said corporation shall not be thereby dissolved, but said election may be held pursuant to notice given therefor as hereinafter provided. Sec. 3. At the first election any two justices of the peace residing in said township of Battle Creek, with the town clerk, shall form the board of election; and it shall be conducted in the same manner as at township elections, and the clerk shall be recorder at said election. Election Officers. Board of election Incorpora tion Acceptance of office. Duty of and clerk. And at all elections under this act, the polls shall be opened at ten o'clock in the forenoon and closed at five o'clock in the afternoon; and the votes shall be counted and the result thereof declared pub licly to the electors in the manner prescribed for town elections, and the clerk shall make a record thereof, and within five days after the election notify the persons elected of their election. Sec. 4. The president and trustees shall be the village council, and shall form a board at all elections not otherwise provided for in this act, and shall be a body corporate and politic, with perpetual succession, to be known by the name of president and trustees of the village of Battle Creek, and may have a common seal which they may alter at pleasure; may sue and be sued, prosecute and defend in any court; and when any suit shall be commenced against the corporation, the first process shall be a summons, which shall be served by leaving an attested copy with the clerk or his deputy at least eight days before the return day thereof. Sec. 5. All the officers of said village, before entering upon their duties, shall file an acceptance of their office with the clerk, who shall place the same upon record, and which shall bind them the same as an oath, to the faithful discharge of their duties. Sec. 6. The president shall preside at all meetings of the council. President when present; and in his absence, the trustees may choose [one] of their number to preside. It shall be the duty of the clerk to attend all such meetings and keep a full and fair record of all the proceed ings, in a book provided for that purpose; and he shall appoint a deputy in his absence, for whose acts he shall be liable. Said ap pointment shall be under the hand and seal of the clerk, and it shall be placed upon record before entering upon his duties. Fire appaTatus. Sec. 7. The president and trustees, or a majority of them, shal purchase one or more fire engines, as directed by a majority of the electors at any regular meeting, with sufficient hose and other appa ratus to answer the demands of the village; and there shall be com panies of firemen of not less than twenty-five men to each engine. which companies may be formed of volunteers, or in default of this, shall be filled by appointment by the president and trustees. companies shall elect their own officers, who shall control them at all fires, and in their exercises. But the village council shall pre Said scribe the time and mode of their exercises, and rules for their regu lation, and force obedience to them by penalties. They shall also establish hook and ladder companies with regulations, and compel citizens to keep ladders sufficient for the protection of the village, with two leather water buckets in each house, when such house is valued at two hundred dollars, and to assist in all cases of fires, or pay a penalty for such neglect. By-laws. powers. Sec. 8. The president and trustees shall have power to establish by-laws, rules and regulations for the government of said village, and to alter the same, repeal or reordain at pleasure, to provide for any subordinate officers if necessary, and prescribe their duties, and the duty of the treasurer, and the amount of bonds he shall give for the performance of his duty, and his fees as collector, which shall not exceed the per cent. allowed the town treasurer; and shall prescribe General the fees of the clerk, assessors and marshal, which shall not exceed one dollar per day; and impose reasonable fines and penalties for the violation of the by-laws and regulations of the corporation; to regulate the planting of ornamental trees by the side-walks or on the common, and canse them to be protected from depredations; to provide for protection against fires; the removal of nuisances and obstructions from the side-walks, streets, alleys, commons and all other places in the village; to prevent cattle, horses and swine from running at large in the streets, and to build a pound for impounding the same; to suppress all riotous or disorderly conduct; to prevent horse racing, and every thing else that disturbs the public peace or endangers the safety of the citizens; they shall act as a board of health, and shall have the same power in the village as the town boards have in towns; and the clerk shall keep the record of the proceedings of such board of health, in the records of said village. Sec. 9. The village council shall have power to license tavern keepers and common victuallers, under such restrictions and regulations as they shall by public ordinance establish; to license all shows, theatres, circuses and public exhibitions, and to fix the rates to be paid for the same: Provided, No exhibition of any circus shall be at a less price than twenty-five dollars per day, or for less term. They shall have power, under such regulations as they deem proper, to license as many retailers of spirituous liquors, as in their opinion the public good requires, whenever a majority of the voters of said vil License & exhibitions. |