When Company may collect Toll. shall cease to be (1934.) 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 (1935.) SEC. 4. Every Plank Road Company shall cease to a body Corporate. be a 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. Sec. 19 and part of Sec. 17 of Act repealed. (1936.) SEC. 5. Section nineteen (and so much of section No. 62 of 1548, seventeen as requires the construction of five miles of road before collecting tolls) of the act entitled, "An Act relative to Plank Roads," approved March 13, 1848, are hereby repealed. This act shall take effect in thirty days. Corporation, how formed. An Act to Provide for the Formation of Companies for Running, Driving, Booming and Rafting [Approved February 9, 1855. Laws of 1855, p. 55.] (1937.) SECTION 1. The People of the State of Michigan enact, That any number of persons, not less than five, may be formed into a Corporation for the purpose of running, driving, boom ing and rafting logs, timber and lumber, on any of the streams or waters within this State, by complying with the following requirements: Notice shall be given in at least one newspaper printed in the county, or in some one of the counties in which said stream or waters may be, and if there be no newspaper printed in such county or counties, then such notice shall be printed in some newspaper of some adjoining county, having circulation in said county or counties, of the time and place. where all persons desirous of forming such Company may meet and subscribe articles of Association, and elect Directors of such Company; in which articles of Association shall be set Articles of Assoforth the name of the Company, the number of years the same is to be continued, which shall not exceed thirty years from the date of said articles, the number and names of the Directors, who shall manage the concerns of the Company for the first year, and shall hold their offices until others are elected; the stream or waters upon which the business of said Company is intended to be done, and the place within this State where the business office of said Company shall be kept. ciation. subscribed, and (1938.) SEC. 2. Each subscriber to such articles of Associa- Articles to be tion shall subscribe thereto his name and place of residence. filed with SecreThe said articles of Association may be filed in the office of the tary of State. Secretary of State, and thereupon the persons who have so subscribed, and all persons who shall from time to time associate with them, shall be a body corporate, by the name specified in such articles, and as such, shall be capable of suing and being sued in all Courts, and in all manner of actions, and may have a common seal, and be capable of purchasing and acquiring, by gift, grant, lease, or otherwise, and holding any lands, tenements or hereditaments, necessary to be used in the prosecution of said business, or for the erection of offices, houses, or other buildings, necessary and proper for carrying on the business of said Corporation. A copy of any articles of Association, filed in pursuance of this section, with a copy of an affidavit made by at least two of the Directors named therein, Certified copy to setting forth that all prior proceedings of said Association had been in strict conformity with all the provisions of this act, endorsed thereon or annexed thereto, and certified by the Secretary of State to be a true copy of the whole of such articles of Association and of such affidavit, shall be, in all Courts and places, presumptive evidence of the incorporation of such Company, and the facts therein stated. (1939.) SEC. 3. The business and property of such Company be evidence. Agents, how elected and ap pointed. Officers and shall be under the management and direction of a Board of Directors, composed of not less than three, nor more than seven, who, after the first year, shall be elected annually, at such time and place, and such notice of the election as the bylaws shall prescribe, not less than thirty days previous to said election, and who shall hold their office until their successors are elected. The said board may elect from their number a President, and appoint a Treasurer, who shall give such bonds as the Board of Directors may require, and a Secretary; and in case any vacancy shall occur in said board, the remaining Directors may elect any member of said Company to fill said vacancy, as Director for the remainder of the term, and until their successors are elected; and in case said annual election of Directors, from any cause, shall not be held at the time appointed, it shall be proper to hold the same at any time Powers of Direc- thereafter, upon giving like notice. The said Board of Directors shall have full power and authority to appoint all agents and attorneys needful and proper, in the prosecution of the business or affairs of the Company; to assess and collect all rates, dues, and sums of money of the members of said Company, by demand, suit, or otherwise, in any place, Court or jurisdiction, according to law, and the provisions of the articles of Association, rules and by-laws of said Association, or the Directors thereof. Bors. of Corporation, General powers (1940.) SEC. 4. Such Corporations shall have authority to and restrictions make and construct all proper and necessary rollways, booms, thereon. Person owning piers, and other constructions along said stream or waters, for the running, driving, booming, rafting, or securing said logs, timber or lumber: Provided, That in all cases the consent of the riparian owner or occupants of any lands whereon such rollways, booms, piers, or other constructions are intended to be made, shall first have been obtained: And provided, also, That no such rollway, boom, pier, or other construction, shall interrupt or hinder the free use, navigation, or floatage upon such stream or waters, by the public or any person interested in the same, to be so constructed as to infringe upon the rights of individuals. (1941.) SEC. 5. Any person owning logs, timber or lumber, become Member. intended to be run or driven upon said stream or waters, or interested in running, driving, booming or rafting the same, may become a member of this Corporation, upon application, by signing the articles of said Company, and paying his just proportion of the expense of managing and conducting its own Logs, etc. Navigation. affairs: Provided, Nothing in this act contained shall be so or may run his construed as in any manner to prevent or hinder any person or persons from running, driving, booming or rafting their own logs, timber or lumber, at such time and in such manner as their interest may require: Provided, also, That all persons But not obstruot owning, running, driving, rafting or booming any logs, timber or lumber, in or upon such stream or waters, shall not leave them in such a situation as to obstruct the floatage or navigation, or clearing the banks of such stream or waters [or], in any manner thereby deprive individuals or the public of their natural privileges. when floatage, obstructed. (1942.) SEC. 6. If any person or persons shall put, or cause Proceedings to be put, into said stream or waters any logs, timber or navigation, etc., lumber, and shall not make adequate provisions, and put on sufficient force for breaking rollways and jambs of such logs, timber or lumber, in or upon such stream or waters, or for running, driving, booming, rafting, securing, or clearing the banks of the same, and thereby obstruct the floatage or navigation, or clearing the banks of such stream or waters, it shall be lawful for such Company to cause such rollways or jambs to be broken, and such logs, timber, or lumber to be run, driven, boomed, rafted, secured or cleared from the banks of such stream or waters, at the charge and expense of the person or persons owning said logs, timber or lumber; and said Company shall have a lien upon such quantity of said logs, timber or lumber, as shall be sufficient to pay and satisfy all just and reasonable charges against the same, proportionate to their number, quantity, and the expense of running and securing the same as aforesaid, and may sell at public auction, on not less than ten days' notice, either personally served upon such owner, or posted in three or more conspicuous places, in the township where such logs are held; and in either case, by posting a like notice also in the office of such Company, of the mark, description, and supposed owner of such logs, timber or lumber, and the amount of the charges for which the same is to be sold, a sufficient quantity of such logs, timber or lumber, to satisfy said claim, charge or demand, with the expense of such sale. ty of Members (1943.) SEC. 7. Each member of said Company shall be Individual liabil individually liable to pay and satisfy all debts and obligations of said Company, and said Company shall have a lien on all logs, timber or lumber, run, driven, boomed, rafted, cleared from the banks, or secured by said Company, whether of its on Logs, etc., for them. members, or other person or persons whose logs, timber or lumber have been run, driven, boomed, rafted, cleared from Lien of Company the banks, or secured by virtue of any contract to that demands due purpose, by and between said person or persons and said Company, and may sell the same on not less than thirty days' notice, made and published in like manner, and to the like effect, as provided for in the preceding section, unless otherwise provided by contract. List of Members and marks to be ete. (1944.) SEC. 8. The said Company shall keep posted in posted in office, some conspicuous place in the office thereof, a list of the names of all the members thereof, and of all the persons whose logs, timber or lumber they have contracted to run, drive, boom, raft, clear from the banks, or secure, with a description of each mark or marks intended to be used upon such logs, timber or lumber, so far as the same may be known. And if any other person or persons, owning or interested in the running and securing of any logs, timber or lumber on such streams or waters, shall furnish to the Secretary of such Companies a like list of the name, residence, and mark or marks of such person or persons, the Secretary shall post the same in like manner as herein provided; and every such person shall be entitled to thirty days' notice in all cases provided for in section six of this act, to be given in And filed with the same manner as otherwise provided. And every such Company, and every person owning or interested in the running and securing as aforesaid, any logs, timber or lumber on such stream or waters, shall cause to be filed in the office of the clerk of the county in which the mouth of such stream or waters may be, the name, residence, and every mark used, or intended to be used by such Company or person. County Clerk. This act shall take effect immediately. |