time and place as the persons named in the first section of this act, 1st mesung. 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 stockholder 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 court may thereupon issue an attachment against the property of said company, and the same proceedings may be thereupon had as in other cases. Lien. provisions. Sec. 7. Said company shall be subject to the provisions of chapter General fifty-five of the revised statutes of eighteen hundred and forty-six, of this State, so far as the same is not inconsistent with the provisions of this act. fice. 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 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. Liability. Dividends. Time of payment of 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 in this act, and they shall be jointly and severally liable for all debts that may be due or owing to ary 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 amount 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 personally 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 com. capital.o'k pany shall not pay in ten per cent. of their capital stock within two limited. Duration of charter. Repcal. 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. Sec. 13. This act shall take effect immediately, and shall continue in force thirty years, but may at any time be amended or repealed by the Legislature, if said company fail to comply with, or if they violate, any of the provisions of this act. Approved April 2, 1850. [ No. 289. ] AN ACT relative to James Seymour's dam at Flushing. Time for Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the lock required to be put into the dam of James Seymour, across Flint river in Genesee county, on section twenty-seven, town eight north, range five east, shall be constructed of dimensions not less than one hundred feet in length, and eighteen feet in width, and that the same may be put into said dam in that part thereof which shall be the most safe and convenient for the passage of rafts, boats and other water craft: Provided, That such lock shall be constructed and ready for use within eight months from the passage of this act; and this act shall not prevent any re-construct'a. covery for damages in consequence of the erection or maintenance of said dam: And provided further, That such lock shall be constructed of larger dimensions if the circuit judge of said county shall, within three months, on cause shown, so order, after ten days notice to the owners of said dam or either of them, of application for sch order; in which case said lock shall be built of such size and put into said dam at such place as said circuit judge may direct; and it shall be the duty of the circuit judge of said county to hear any such application which may be made to him either in term time or vacation, and to decide upon the same within the time above limited, and to file his decision or order thereon in the office of the county clerk of said county; notice of such application and of the Notice. time and place of hearing the same shall be published in the Flint Republican, at least two weeks before the hearing thereof. Cir. Judges his duty. injuring. Sec. 2. Any person who shall destroy or in any wise injure said Penalty for dam, shute or lock, shall be deemed to have committed a trespass upon the owners thereof, and be liable accordingly; and any person who shall wilfully and maliciously destroy or injure said dam, shute or lock, shall be deemed guilty of a misdemeanor. Sec. 3. The Legislature may at any time alter, amend or repeal Repeal. this act; and said James Seymour, his heirs or assigns, shall not demand or receive any damages in consequence of such alteration, amendment or repeal. Approved April 2, 1850. Incorpora tion. Capital. General powers. Proviso. Taxes. Annuallection. [ No. 290. ] AN ACT to incorporate the Southern Michigan Telegraph Company. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Alvah Strong, George Dawson, Henry R. Sheldon, Henry O'Reilly, Harvey Ely, Albert W. Snow, Harrison Swift, Henry Barnes, Phineas Homan, Elon W. Hudson and Josiah Snow, and all others who are or may become associated with them in the Southern Michigan Telegraph Company, be and the same hereby are constituted a body politic and corporate for the purpose of constructing and owning a line or lines of telegraph from the city of Detroit to Monroe and Chicago, with the right to establish branches thereto; and said corporation shall have perpetual succes sion. Sec. 2. The capital stock of said corporation shall not exceed one hundred and fifty thousand dollars, and shall be divided into shares of fifty dollars each, which stock shall be transferrable under such regulations as may be provided by the by-laws of said company. Sec. 3. Said corporation are hereby empowered to purchase, have and to hold, possess and enjoy to themselves and their successors, real estate in such city, town or village, as they may deem to the interest of the company, for the erection of suitable buildings for telegraphic purposes; to sue and be sued, plead and be impleaded in all courts of this State; to have and use a common seal, and to ordain and put in execution such by-laws for the government of said corporation and the transaction of its business as may be necessary to carry out the true intent and meaning of this act, and for no other purpose: Provided, They are not repugnant to the laws of this State and the constitution of the United States: And provided further. That all real estate held or possessed by said corporation shall at all times be subject to taxation in every respect, the same as the real estate of an individual; and this shall not be construed so as to exempt said corporation from the payment of any specific tax for which they may be liable; but such specific tax shall be in addition to, and beside any and all taxes on real estate. Sec. 4. The annual election for officers of said corporation shall be held on the first Monday of January of each year. The members [number] of directors of said corporation shall not be less than five nor more than thirty, who shall hold their offices for one year, or till their successors are elected. The directors so elected shall appoint a president, secretary and treasurer, who shall hold their offices until Officers to removed by the board of directors. Each share of stock shall be entitled to one vote. Sec. 5. This act shall take effect and be in force whenever the secretary of the Southern Michigan Telegraph Company files in the office of the Secretary of State an acceptance of this act. be appoint ed. Acceptance. provisions. Sec. 6. Said Southern Michigan Telegraph Company shall be sub- General ject to all the provisions of "an act authorizing any persons to construct lines of electic [electric] telegraph in the State of Michigan," approved January 28th, 1847, (so far as the same are applicable,) and the same are hereby made a part of this act. Sec. 7. The Legislature may at any time alter, amend or repeal this act. Approved April 2, 1850. [No. 291. ] AN ACT to authorize Prudence Kent and Francis S. Warner, of to convey.. Section 1. Be it enacted by the Senate and House of Representatives Authorized? of the State of Michigan, That Prudence Kent, (wife of William G. Kent,) and Francis S. Warner, minors, of the county of Shiawassee, in the State of Michigan, be and they are hereby authorized and empowered to sell and convey the following described tracts of land, in such parcels as they may choose, viz: the south-east quarter of the south-west quarter and the south-west quarter of the southeast quarter of section twenty-six; also the north-west quarter of the south-east quarter and the north-east quarter of the south-west quarter of section twenty-six, all in township number five north of range number one east; also the south-west quarter of the north-west quarter of section thirty-four, and ten acres of land of the same width directly south on the west half of the south-west quarter of section thirty-four, all in township number five north of range number one east, centaining in all fifty acres; also the south-west quarter of the south-west quarter of section thirty-five, in township number five north of range number one cast; also about one hundred and four |