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representation, all the officers who shall have signed the same, shall be jointly and severally liable for all the debts of said company, contracted while they are stockholders or officers thereof.

ing.

Sec. 5. The first meeting of said company shall be held at such First meet time and place as the persons named in the first section of this act, or any two of them, shall appoint, by a notice to be published in one or more newspapers in the city of Detroit, at least thirty days before the time of such meeting.

Sec. 6. Any inhabitant of the State of Michigan, not a stock- Lien. holder of said company, shall have a lien upon the stock, appurtenances and entire property of said company, for all claims and demands against said company, to the amount of one hundred dollars or under, which shall take precedence of all other claims or demands, judgments or decrees, liens or mortgages against said company; and any person may enforce said lien by filing with any court in the county where said debt was contracted, having jurisdiction thereof, an affidavit showing to the satisfaction of such court that he has a claim under the provisions of this section; and such cour; may thereupon issue an attachment against the property of said company, and the same proeeedings may be thereupon had as in other cases.

provisions

Sec. 7. Said company shall be subject to the provisions of chap- General ter fifty-five of the revised statutes of eighteen hundred and fortysix, of this State, so far as the same are not inconsistent with the provisions of this act.

A:e.

Sec. 8. The said company shall, within six months after their or- Business of ganization under the provisions of this act, locate their business office or offices, one of which shall be in this State, and file in the office of the Secretary of State of Michigan a certificate specifying the place or places of such location. All annual and other meetings of said company shall be held at such place or places as the by-laws of the company, by its board of directors, may designate and direct.

process.

Sec. 9. Service of any legal process may be made on any one of Service of the officers of said company; and said company shall at all times have an agent residing in the city of Detroit, upon whom service of all legal process may at any time be made, which shall be as valid as if made upon any of such officers. A certificate in writing of the appointment of such agent shall be filed in the office of the county clerk of the county of Wayne; and if no such agent

Individual Tiability.

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shall be appointed, or if neither such agent nor any such officer shall be found in the county of Wayne, then service thereof may be made by posting up a copy of such process in some conspicuous place in said clerk's office.

"

Sec. 10. The stockholders of said company shall be severally individually liable to an amount equal to the amount of stock held by them respectively, for all debts and contracts made by said company, until the amount of stock held as aforesaid shall have been paid in, and a return made to the State Treasurer, as prescribed in section four of this act; and they shall be jointly and severally liable for all debts that may be due or owing to any and all their laborers, or any other person or persons in their employ, for services performed for such corporation, but shall not be liable to an action therefor before an execution shall be returned unsatisfied, in whole or in part, against said company; and then the amount due on said execution shall be the amonnt recoverable, with cost and interest, against said stockholders. If the directors of said company, or their agents, contract debts for the company exceeding in the aggregate the amount of capital stock paid in, said directors shall be individually and personsonally liable for all debts of said company.

Sec. 11. If the directors of said company shall declare and pay any dividend when said company is insolvent, or which would render it insolvent, they shall be jointly and severally liable for all the debts of said company then existing, and for all debts thereafter contracted, so long as they shall respectively continue in office.

Sec. 12. This act shall cease, determine and be void if said comcapital lim- pany shall not pay in ten per cent. of their capital stock within two years after the passage of this act; and the amount of the capital stock of said company shall be limited to, and never thereafter exceed, the amount paid in at the time the annual report of said company is made for the year eighteen hundred and sixty.

'Repeat.

Sec. 13. This act shall take effect immediately, and shall continue in force thirty years; but may be amended or repealed at any time by the Legislature, if said company violate or fail to comply with any of the provisions of this act.

Approved April 2, 1850.

[ No. 339. ]

AN ACT to incorporate the Cass River Navigation Company.

tion

Section 1. Be it enacted by the Senate and House of Representatives Incorporathe State of Michigan, That such persons as may hereafter become stockholders therein, shall be and they are hereby declared to be a body corporate and politic under the name and style of the Cass River Navigation Company; and as such corporation they are hereby declared capable of suing and being sued, answering and being answered unto, impleading and being impleaded, defending and being defended, in all courts and places whatsoever; and in all manner of actions, suits, complaints, matters and causes whatsoever, and are hereby made capable in law to purchase, possess and enjoy all such lands, tenements and hereditaments that are necessary to construct a canal or slack water navigation on Cass river or along the valley thereof, from the junction of said river with the Saginaw river, in the county of Saginaw, to the east line of Tuscola county, and to use, lease, rent, or dispose of in any manner they choose, the water power created by said canal or slack water navigation: Provided, That said company shall not take the water power of any person.

Proviso.

boats

Sec. 2. Said company shall be compelled at any time to allow the Passage of passage of any boat or water craft navigating said river through said canal, locks, or slack water navigation, upon demand of any person, on payment of such toll or duty as the Legislature of this State may require.

Sec. 3. That Paschal Richardson, Lovia Hart, Townsend North, Di-ctors. Orrin A. Gibbs, Loren C. Miles and James Fraser, shall be the first directors of said company, and are authorized to elect one of their number president, and to conduct all the operations of said company until the first Monday in January next, on which day a meeting of the stockholders of said company shall be called by the president thereof at such place as the directors shall designate; and at such meeting five directors shall be chosen by the stockholders in such manner as shall be prescribed by the by-laws and regulations of said company.

Sec. 4. The amount of capital stock shall be fixed and limited by the corporation in the manner prescribed by the by-laws, not exceeding one hundred thousand dollars, and shall be divided into shares

Capital

By laws.

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surer to reLund.

Co. Treasu

of twenty-five dollars each, and a record thereof shall be made by the treasurer, and shall be considered personal property, and be transferrable under the by-laws and regulations of said company.

Sec. 5. That the stockholders of said company shall have power to enact such by-laws and regulations (not inconsistent with the constitution and laws of this State) as they may deem just and proper for the government of said company; and such by-laws and regulations. shall be binding upon all the members and agents of said company. Sec. 6. The Legislature may at any time alter, amend or repeal this act by a two-thirds vote of each house.

Approved April 2, 1850.

[No. 340. ]

AN ACT authorizing the State Treasurer to refund certain moneys to the treasurers of the counties of Houghton, Schoolcraft, Marquette and Ontonagon.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the State Treasurer be and he is hereby authorized to refund and pay over unto the treasurer of the county of Houghton one-half of all moneys collected in the counties of Houghton, Schoolcraft, Marquette and Ontonagon, in pursuance and by virtue of any act of incorporation creating any mining company in any and each of said counties.

Sec. 2. The treasurer of the counties of Houghton, Schoolcraft, rer's duties. Marquette and Ontonagon, on the receipt of the said one-half per cent., shall pay the same over to the several township treasurers, within which any of the said mining companies are at work; and which said moneys when so paid over shall be used for county, township and highway purposes, and in pursuance of the revised statutes of 1846, regulating the expenditure of the same.

Aud. Gen'l;

Sec. 3. The Auditor General of the State is hereby authorized to ais duties. collect from any of the said mining companies now incorporated or to be hereafter incorporated, yearly, the one per cent. of which said tax when so collected shall be in full and in lieu of all taxes to be paid to the State, and one-half of the same shall, within ninety days thereafter, be paid over to the treasurers of the counties herein named, for the purposes aforesaid: Provided, That the provisions of

Proviso

this act shall not be applicable to such taxes as are received from any mining company subject to taxation for county and town pur

poses.

Sec. 4. This act shall take effect from and after its passage.
Approved April 2, 1850.

[ No. 341. ]

tion.

AN ACT to incorporate the Ripley Mining Company of Michigan. Section 1. Be it enacted by the Senate and House of Representatives Incorpora of the State of Michigan, That John Whitney, Calvin Ripley, Philo M. Everett, Charles Johnson, Charles Rude, Ebenezer Warner, Glenn Seymour, and others who shall be associated with them, are hereby constituted a body corporate, by the name of the Ripley Mining Company of Michigan, for the purpose of mining, smelting and manufacturing ores, minerals and metals in the upper peninsula of Michigan: Provided, That nothing in this act contained shall confer on said company any powers of banking or brokerage, exchange, dealing in money, purchasing any stock of any bank, or for any other purposes than herein particularly specified.

Proviso.

Real estate.

Sec. 2. The said company shall have corporate succession; its cap- Capital. tal stock shall be two hundred thousand dollars, divided into ten thousand shares of twenty dollars each; and said company may acquire and Fold such real and personal estate as the business of said company may require, to an amount not exceeding the capital stock; but said company shall not hold more than six hunired and forty acres of land in legal sub-divisions in the upper peninsula, and shall hold no real estate in the lower peninsula, except a ware house, lot and office, and such as may be necessary for smelting purposes.

by-laws.

Sec. 3. The officers of said company shall be stockholders therein, officers and and shall consist of a president and board of seven directors, of whom the president shall be one, a secretary and treasurer, who may at the pleasure of the company be one and the same person; and the said company may enact by-laws, not inconsistent with the laws of this State, to levy assessments on the shares of its stock; to forfeit and sell said shares for non-payment of any such assessment, in such manner as

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