Forfeiture for neglect.

If plank road not kept in re

toll.

ing plank upon such road or street, such company shall, at all times, so far as the formation of the soil and season of the year will permit, keep in good order and condition so much of said road as it shall not have planked, until it shall have planked the same; and if any company shall neglect to keep such highway or street in such order and condition, it shall be deemed to have abandoned and forfeited the right to enter upon, take, or use such public highway or street as to so much as shall not be planked.

(2614.) SEC. 2. Every plank road company shall cause to be laid pair, not to take down and kept closely together and in an even manner, so that the 9 Mich. 295, 806. surface shall be uniform, the plank upon its road; and in case of default, it shall forfeit the right to receive any toll upon such road. (2615.) SEC. 3. Every plank road company shall have the right to receive tolls at any time after it shall have constructed two continuous miles of the road.

When company may collect toll. 9 Mich. 285.

When company

shall cease to be

(2516.) SEC. 4. Every plank road company shall cease to be a a body corporate body corporate if within three years, or, if hereafter organized, then if within three years from the date of its organization, it shall not have commenced the construction of its road, and actually expended thereon at least ten per cent of the capital stock.

Section 19 and part of section

(2617.) SEC. 5. Section nineteen (and so much of section seven17 of Act No. 62 teen as requires the construction of five miles of road before collectof 1848, repealed ing tolls) of the act entitled "An act relative to plank roads," approved March thirteen, eighteen hundred and forty-eight, are hereby repealed.

This act shall take effect in thirty days.

CHAPTER LXXIX.

STAGE COMPANIES.

An act to authorize the formation of stage companies.

[Approved February 9, 1865. Laws of 1865, p. 36.]

thorized.

(2618.) SECTION 1. The People of the State of Michigan enact, Formation auThat corporations for the purpose of conveying passengers, mails, and merchandise, with carriages, wagons, sleighs, or other vehicles, over any defined route, may be formed under the provisions of an act entitled "An act to authorize the formation of corporations for mining, smelting, or manufacturing iron, copper, mineral coal, silver, or other ores or minerals, and for other manufacturing purposes," approved February fifth, in the year of our Lord eighteen hundred and fifty-three, and shall have and possess all the rights, Powers of. and be subject to all the liabilities, provided in said act and the acts amendatory thereof.

tion office to be

Capital.

(2619.) SEC. 2. The route on which it is proposed to carry mails Route and locapassengers, and merchandise, and the place or office in this State stated in articles which shall be known as the business office of such company, shall be stated in the articles of association; and the capital stock in every such corporation shall in no case be less than five thousand dollars nor more than two hundred thousand dollars, and shall be divided into shares of twenty-five dollars each: Provided, That Amendment of the articles of association of any such corporation may at any time be amended by a vote of two-thirds of the stock, at any regularlycalled meeting of the stockholders.

articles.

(2620.) SEC. 3. It shall be lawful for any mining, smelting, or Mining compaother corporation in this State to take stock in any such company, stock.

nies may take

Stockholders liable for debts

bilities.

Common carriers.

and the amount of its capital so subscribed and paid out shall, for the purposes of taxation, be deducted from the capital stock of such corporation, and shall be taxed only as the capital of such stage company; and the president and secretary of every such company, taking stock in any such stage company, shall make return to the State Treasurer, the same as in cases of stock taken in any plank road company.

(2621.) SEC. 4. The stockholders of all stage companies and of the company. associations formed in pursuance of the provisions of this act shall be jointly and severally liable to the amount of the capital stock owned by them, and to the amount of all sums drawn out of such company by them respectively, as dividends or profits, for the debts of such company or association, and for all damages for which such association or company shall be liable, by reason of any failure or neglect on the part of such company or association to perform its duty as a common carrier; and every such company or associaRights and lia- tion receiving persons or property for transportation shall be entitled to the same rights, and subject to the same liabilities, as common carriers, and shall not be suffered in any way to lessen or abridge their common-law liability as such common carriers; and when two or more such companies or associations are connected by running arangements, any company owning either of said lines, receiving goods or property to be transported by agreement to any place on the line traversed by the coaches or vehicles of either of said companies so connected, shall be liable, as common carriers. for the delivery of such goods or property at such place: Provided How liabilities always, That no claim for any debt, demand, or damages, for the payment of which every such company or association shall be liable, shall be enforced against any stockholders, until after an execution therefor, against such company or association, shall be returned unsatisfied: And provided further, That if any stockholder shall be compelled to pay the demands of any person, or any part thereof, such stockholder shall have the right to call upon all the stockholders to contribute their part of the sum so paid as aforesaid, and may sue them jointly or severally, or any number of them, and recover in such action the ratable amount due from the stockholder or stockholders so sued.

enforced.

Previso.

Annual report.

(2622.) SEC. 5. Every stage company or association shall annually, in the month of July, make a report, conforming in all respects to the requirements of section eighteen hundred and three of the Compiled Laws, one copy of which report shall be filed in said. month in the office of the county clerk of each of the organized

counties in which such company shall be doing business or through which its lines shall run.

cess.

to tax.

(2623.) SEC. 6. Service of legal process against any such company Service of proor association may, in addition to all other methods of service of such process on corporations, as provided by law, be made on the driver of any coach or other vehicle of such company or association. (2624.) SEC. 7. That all corporations formed under the provis- Companies liable ions of this act for the formation of stage corporations, shall be liable to be assessed upon all real and personal estate held by them in this State at its true value, and shall pay thereon taxes for township, county, and State purposes the same as other real and personal estate, and such taxes shall be assessed, collected, and paid in the same manner as other taxes on real and personal estate are required to be assessed, collected, and paid.

telegraph com

ized.

(2625.) SECTION 1. The People of the State of Michigan enact, Formation of That number of persons may associate for the purpose of con- panies authorany structing a line of wires of telegraph through this State, or from and to any point within this State, upon such terms and conditions, and subject to the liabilities, prescribed in this act.

(2626.) SEC. 2. Such persons, under their hands and seals, shall Certificate of ormake a certificate, which shall specify

First. The name assumed to distinguish such association, and used in its dealings, and by which it may sue and be sued ;

ganization, what to contain.

Stockholders liable for debts

bilities.

Common carriers.

and the amount of its capital so subscribed and paid out shall, for the purposes of taxation, be deducted from the capital stock of such corporation, and shall be taxed only as the capital of such stage company; and the president and secretary of every such company, taking stock in any such stage company, shall make return to the State Treasurer, the same as in cases of stock taken in any plank road company.

(2621.) SEC. 4. The stockholders of all stage companies and of the company. associations formed in pursuance of the provisions of this act shall be jointly and severally liable to the amount of the capital stock owned by them, and to the amount of all sums drawn out of such company by them respectively, as dividends or profits, for the debts of such company or association, and for all damages for which such association or company shall be liable, by reason of any failure or neglect on the part of such company or association to perform its duty as a common carrier; and every such company or associaRights and lia- tion receiving persons or property for transportation shall be entitled to the same rights, and subject to the same liabilities, as common carriers, and shall not be suffered in any way to lessen or abridge their common-law liability as such common carriers; and when two or more such companies or associations are connected by running arangements, any company owning either of said lines, receiving goods or property to be transported by agreement to any place on the line traversed by the coaches or vehicles of either of said companies so connected, shall be liable, as common carriers, for the delivery of such goods or property at such place: Provided How liabilities always, That no claim for any debt, demand, or damages, for the payment of which every such company or association shall be liable, shall be enforced against any stockholders, until after an execution therefor, against such company or association, shall be returned unsatisfied: And provided further, That if any stockholder shall be compelled to pay the demands of any person, or any part thereof, such stockholder shall have the right to call upon all the stockholders to contribute their part of the sum so paid as aforesaid, and may sue them jointly or severally, or any number of them, and recover in such action the ratable amount due from the stockholder or stockholders so sued.

enforced.

Previso.

Annual report.

(2622.) SEC. 5. Every stage company or association shall annually, in the month of July, make a report, conforming in all respects to the requirements of section eighteen hundred and three of the Compiled Laws, one copy of which report shall be filed in said month in the office of the county clerk of each of the organized