Place of Office to be designated by Directors. (2083.) SEC. 17. Within sixty days after the formation of any company under this act, the Directors thereof shall designate some place within a county where such railway is intended to be constructed as the office of such Company, and shall Notice thereof. give public notice thereof, by publishing in some newspaper published in such county, if there be one, and if there be none, then in a newspaper published in the City of Detroit, which publication shall be continued once in each week, for three successive weeks, and shall file a copy of such notice in the office of the Register of Deeds, in each county where such road may be constructed, or intended to be; and if the place of Change of place such office shall be changed, like notice of such change shall be published and filed as aforesaid, before it shall take place, in which notice the time of making the change shall be specified; and every summons, notice, declaration, or other paper or process required by law to be served, may be served by leaving the same at such office, with any person having charge thereof, at any time except Sunday. of Office. Individual liabili ty of Stockhold es. Constitution, Art. 15, Sec. 7. Liability for de Insolvent. (2084.) SEC. 18. The stockholders of every company incorporated under this act, shall be jointly and severally liable, in their individual capacity, for all labor performed for such company; and shall also be liable for the debts of such company, for an amount equal to the amount of any unpaid stock in such company, held by them at the time such debt was contracted, and suit commenced thereon, to be recovered of any stockholder who is such when the debt is contracted, or any subsequent stockholder. elaring Dividend, (2085.) SEC. 19. If the Directors of any company formed when Company under this act shall declare or pay any dividend when the company is insolvent, or the payment of which would render it insolvent, or which would diminish the amount of its capital stock, they, and all stockholders who shall knowingly accept or receive such dividend, shall be jointly and severally individually liable for all the debts of such company then existing, and for all that shall be thereafter contracted, while they shall respectively continue stockholders, or in office. liable until ex Company is returned unsatis Stockholders not (2086.) SEC. 20. But no suit shall be brought against any ecution against individual stockholder or stockholders, for any debt of such company, as provided in the last two preceding sections, until judgment on the demand shall have been obtained against the company, and execution thereon returned unsatisfied in whole or in part, or until the company shall have been dissolved; and any stockholder who may have paid any debt of such be enforced. company, either voluntarily or by compulsion, shall have a right to sue and recover of such company the full amount thereof, with interests, costs, and expenses; and any Such Contribution may stockholder, who may have paid as aforesaid, shall have a right to bring an action against, and recover of the rest of the stockholders, or any one or, more of them, the due proportion thereof, which such stockholder or stockholders ought to pay; and if such action for contribution shall be brought against more than one stockholder, the judgment and the execution thereon shall specify the amount to be recovered and collected from each defendant. Report on oath, port. (2087.) SEC. 21. On or before the first Monday in January Directors to make in each year, it shall be the duty of the Directors of every and when. company formed under this act, to report to the Secretary of State, under the oath of at least two of such Directors, the length of railway completed, the cost of constructing the same, Contents of Rethe amount of all moneys expended, the amount of their capital, how much of the same is paid in, and how much is expended, the whole amount of tolls or earnings expended on said road, the amount received during the previous year for tolls and from all other sources, stating each separately, the amount of dividends made, the amount set apart for repairs, and the amount of indebtedness of such company, specifying the object for which such indebtedness accrued: Provided, That the year contemplated in this section, so far as relates to when year to the Upper Peninsula, shall terminate on the last day of per Peninsuls. September next preceding. terminate in Up and when. (2088.) SEC. 22. Each and every Railway Company, formed Taxes to be paid, under this act, shall pay to the Treasurer of the State of Michigan an annual tax, at the rate of one half of one per cent. on the whole amount of capital paid in upon the capital stock of said company; which said tax shall be estimated upon the last preceding report of said company, and shall be paid to the said Treasurer on the first Monday of July in each year, and shall be in lieu of all other taxes upon all the property of said company. Tl Gatherer for (2089.) SEC. 23. Every toll gatherer, at any such gate, who Panishment of shall unreasonably hinder or delay any person entitled to pass, illegal demand, by the provisions of this act, or shall demand or receive from etc. any person more toll than, by law, he shall be authorized to collect, shall, for each offence, forfeit the sum of five dollars. to the party aggrieved, and shall be liable to the party aggrieved for all damages. for judgment Gatherer. Company holden (2090.) SEC. 24. Whenever a judgment is obtained against against Toll a toll gatherer for a penalty, or for damages for acts done or omitted to be done by him in his capacity as toll gatherer, and goods and chattels of such defendant, to satisfy such judgment, cannot be found, it shall be paid by the Corporation whose officer he shall be; and if, on demand, payment shall be refused by the Corporation, the amount of such judgment, with costs, may be recovered of such Corporation. Penalty for forcibly passing Gate, etc. When Corporation shall cease. Subject to visitation, etc. (2091.) SEC. 25. It shall be the duty of the Directors of every such company to affix and keep up at or over each gate, where it can be conveniently read, a printed list of the rates of toll demanded at such gate. (2092.) SEC. 26. Each toll gatherer may detain and prevent from passing through his gate, all persons with cars or vehicles, authorized to pass upon paying tolls, until they shall have paid, respectively, the tolls authorized by law. (2093.) SEc. 27. If any person shall willfully obstruct, break, injure or destroy any railway constructed or operated under the provisions of this act, or any part thereof, or any work, cars, buildings, fixtures or toll gates attached to, or in use upon the same, belonging to said company, such person or persons so offending shall, for every offence, be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail or State prison not more than one year, in the discretion of the Court. (2094.) SEC. 28. Any person who shall forcibly or fraudu lently pass any toll gate, erected on such railway in pursuance of this act, without having paid the legal toll, shall, for each offence, be liable to a fine not exceeding twenty-five dollars, to be sued for and recovered by said company. (2095.) SEC. 29. Every company incorporated under this act, shall cease to be a body corporate: First. If within one year from the time of filing their certificates of Association, they shall not have commenced the construction of their railway, and expended at least ten per cent. of their capital stock. Second. If, within five years from such filing of the articles of Association, such road shall not be completed, according to the provisions of this act. (2096.) SEC. 30. All companies formed under this act shall at all times be subject to visitation and examination by the Legislature, or a committee appointed by either House thereof, or by any agent or officer in pursuance of law; and the Courts of this State shall have the same jurisdiction over such Corporation and their officers, as over those created by special acts. alter, amend, or Proviso. (2097.) SEC. 31. The Legislature may at any time alter, Legislature may amend or repeal this act, but such alteration, amendment, or repeal this Act. repeal, shall not operate as an alteration or amendment of the corporate rights of companies formed under it, unless specially named in the act so altering or amending this act, nor shall the dissolution of any such company take away or impair any remedy given for or against such Corporation, its stockholders or officers, for any liability which shall have been previously incurred. SEC. 32. This act shall take effect immediately. CHAPTER LXXII. OF THE INCORPORATION OF VILLAGES. SECTION 2098. Villages with resident population of not less than Three Hundred, may be Incorporated. 2099. Application for such Incorporation to Board of Supervisors. 2100. Census to be taken by Applicants. 2102. How Notice to be published. 2104. Proceedings of Board of Supervisors. 2106. Notice of First Election, how given. 2107. Inspectors and Officers of Election. 2108. Who qualified Electors. 2109. Canvass of Votes. 2110. Eligibility to office; Who to be declared Elected. 2111. Notice to Persons Elected. 2112. Term of Office. 2113. Annual Elections, when held. 2114. What Officers to be chosen. 2115. Oath of Office. SECTION 2116. Special Elections to fill Vacancies. 2118. Duties of President and Clerk. 2120. Powers of President and Trustees to raise 2121. How Taxes Assessed and Collected. to appointments; By-Laws; Taxes; Nuis- 2124. Powers of President and Trustees in rela- SECTION 2125. Jurisdiction of Justices of Peace as to 2126. Compensation of Officers. 2127. Annual Statement of Board of Trustees. 2129. How Corporation served with process. 2131. Notice of completion of Assessment Roll; SECTION 2132. Duplicate Tax Roll; Warrant. 2136. Fire Companies may be established. 2140. Marshal to be Police Constable. 2142. Incorporated Villages may organize under this Act. Villages with resident popula than three hun corporated. An Act to Provide for the Incorporation of Villages. [Approved February 17, 1857. Laws of 1857, p. 420. ] (2098.) SECTION 1. The People of the State of Michigan enact, tion of not less That any part of a town or towns not included in any incordred, may be in- porated village, and containing a resident population of not less than three hundred persons, and it shall include within its boundaries a territory of not more than one square mile in extent, containing a resident population of at the rate of not less than three hundred persons to every square mile of territory included within such boundaries, may be incorporated as a village, under the provisions of this act. Application for uch Incorpora Supervisors. (2099.) SEC. 2. Any number of legal voters, not less than tion to Board of fifteen, residing within such territory, may make application for the incorporation of such village to the Board of Supervisors of the county in which such territory, or the larger part thereof, may be situated, at any regular session of such board. Census to be taken by appli cants. Notice of appliestion. (2100.) SEC. 3. Such persons shall, before making such application, cause an accurate census to be taken of the resident population of such territory, as it may be on some day not more than ten weeks previous to the time of presenting such application, as hereinafter provided; which census shall exhibit the name of every head of a family residing within such territory on such day, and the number of persons then belonging to such family; and it shall be verified by the affidavit of the person taking the same, written thereon or annexed thereto. (2101.) SEC. 4. The persons intending to make such application shall give notice that they will apply to the Board of |