detention.

any person or persons after receiving such notice and until such repairs are completed as aforesaid, the toll-gather or gate-keeper so detaining any person as aforesaid, shall forfeit and pay to the Penalty for said person so detained as aforesaid, the sum of twenty-five dollars for each and every offence, to be recovered in an action of debt, before any justice of the peace in any town where said detention occurs, and the property of said company shall be liable on said judgment, and the same may be taken on such execution in the same manner as if the same were against said company in its corporate name; and the commissioners appointed under and by compensavirtue of this act, shall receive as a compensation for their services, missioners. twelve shillings per day for every day they are employed, to be paid by the toll-gatherer of the gate nearest to where the service was rendered, out of the moneys collected at such places, and in default of such payments by said toll-gatherer, said company shall individually be liable to said commissioners.

tion of com

books.

Sec. 12. The said board of directors shall keep a set of corpo- Corporat rate books, open at all times to any or all of the stockholders, in which shall be entered the cost of the construction of said road and Entries. fixtures, also all the expenditures of said company, and all moneys by them received; and an accurate account of the same shall be submitted to the legislature, duly attested by the oath of the officers of said company, whenever it shall be required; that said directors shall make a semi-annual dividend to each and every stockholder of his proportion of the semi-annual profits, after deducting the expenses of repairing said road, and the fixtures thereto appended.

Dividends.

By-laws.

and treasu

Sec. 12. The said board of directors have power to establish such by-laws and regulations as may be necessary for the management of the affairs of said company, and may appoint a secretary and treasurer to the board, and generally may do all further Secretary acts necessary to carry into full force and effect the objects of this r incorporation. Sec. 13. The state of Michigan be, and is hereby authorized Power of and empowered at any time hereafter, to purchase of said compa-chase. ny the turnpike aforesaid, and all the benefits and privileges accruing therefrom to said company: Provided, That if at the time the proviso. state shall purchase the road, the company shall have received twelve per cent. per annum net profit on the original cost of construction of said road and fixtures, the said company shall sur

state to pur

Obstructions.

Limitation.

Corporate

limits.

render said road and fixtures on receiving only the original cost of making the same.

Sec. 14. The said company in taking possession of said turnpike road for the purpose of improving the same, and in making said improvements thereon, no obstruction or difficulties shall be allowed to prevent or impede the passage of travellers, coaches or wagons while such improvements are going on, excepting such as are absolutely necessary for the construction, and that no unnecessary delay shall occur in the progress and completion of said road.

Sec. 15. If said company shall not finish and complete that part of said road lying between Detroit and Royal Oak tavern, within twelve months, and the remainder of said road within eighteen months after the passage of this act, or if either of the toll-gates on said road shall be kept open for the period of three months after notice is given that said road is out of repair, agreeable to the provisions of the tenth section of this act, then and in either case the powers and privileges granted to said company by this act, shall cease and be null and void.

Approved March 8, 1837.

[No. XXIX.]

AN ACT to incorporate the village of White Pigeon. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That all the land in St. Joseph county described in the following boundaries, is hereby constituted a village corporate, by the name of the "Village of White Pigion," viz: beginning at the north-east corner of the west half of the south-east quarter of section six, in township eight, south of range eleven west; thence south to White Pigeon creek; thence down said creek, with the meanders thereof, to the west side of the east half of the north-east fractional quarter of section twelve in ownship eight, south of range twelve west; thence north to the north-east corner of the west half of the north-east quarter of section one in township eight, south of range twelve west; thence east to the place of beginning.

Sec. 2. It shall be lawful for the qualified electors of said village to meet at the school-house on the first Monday of May next,

Election of

fice.

and on the first Monday of May annually thereafter, at such place in said village as the president and trustees shall appoint, and then and there proceed by plurality of votes to elect by ballot a presi- officers. dent, recorder and six trustees, who shall hold their offices one Term of ofyear and until their successors are elected and qualified; and any five of them shall be a board for the transaction of business, but a quorum. less number may adjourn from time to time: Provided, That if Proviso. any election of president, recorder and trustees, shall not be made on the day when, pursuant to this act, it ought to be made, the said corporation shall not for that cause be deemed to be dissolved; but it shall and may be lawful to hold such election at any time thereafter, pursuant to public notice to be given in manner hereinafter prescribed.

elections,

where hold

Sec. 3. At the first election to be holden under this act, there First elec shall be chosen viva voce, by the electors present, two judges and tion. a clerk of said election, who shall each take an oath or affirmation faithfully to discharge the duties required of him by this act; and at all subsequent elections the trustees, or any two of them, shall Subsequent be judges, and the recorder clerk of the election; and at all elec- when and tions to be holden under this act the polls shall be opened between en. the hours of nine and ten o'clock in the forenoon, and close at three o'clock in the afternoon of said day, and at the close of the polls the votes shall be counted and a true statement thereof proclaimed to the electors present by one of the judges; and the clerk shall make a true record thereof, and within five days after such Record of election the said clerk shall give notice to the persons elected of their election; and it shall be the duty of the said president and trustees, at least five days before each and every annual election, to give notice of the same, by posting up notices in three places in Notices. said village.

election.

sident.

Sec. 4. It shall be the duty of the president (or if absent of one Duty of Preof the trustees) to preside at all elections, whether annual or special, and at meetings of the trustees; and it shall be the duty of the recorder, or a substitute appointed by him, to attend all such meetings, and to keep a fair and accurate record of all their proceedings.

Recorder.

powers.

Sec. 5. The president, recorder and trustees shall be a body Corporate corporate and politic, with perpetual succession, to be known and distinguished by the name of "The President and Trustees of the Name. Village of White Pigeon;" and shall be capable in law, in their

Privileges. corporate name, to acquire such property, real and personal, as shall be necessary for the use of said corporation; sell and convey the same; may have a common seal, which they may alter at pleasure; may sue and be sued, defend and be defended in any court of competent jurisdiction; and when any suit shall be commenced against said corporation, the first process shall be by summons, and an attested copy thereof shall be left with the recorder at least eight days before the return day thereof.

Suits.

Oaths.

Powers.

Proviso.

Notices.

Annual ac

Sec. 6. The officers elected by virtue of this act shall each, before entering upon the duties of his cffice, take an oath or affirmation to support the constitution of the United States and of this state, and also faithfully to discharge the duties of his office.

Sec. 7. The president and trustees shall have power to ordain and establish by-laws, rules and regulations for the government of said village, and the same to alter, repeal, or re-ordain at pleasure; and to provide in said by-laws for the election of a treasurer, two assessors, a village marshal and other subordinate officers which may be thought necessary for the good government and well being of said village; to prescribe their duties, declare their qualifications, and determine the period of their appointments, and the fees they shall be entitled to receive for their services, and to require of them to take an oath or affirmation faithfully and impartially to discharge the duties of their respective offices, and may require of them such security for the performance of their respective offices as shall be thought necessary; said president and trustees shall also have power to affix to the violation of the by-laws and ordinances of the corporation, such reasonable fines and penalties as they may deem proper, and to provide for the disposition of such fines and penalties; Provided always, such by-laws and ordinances are consistent with the constitution and laws of the United States, and the constitution and laws of this state: And provided also, That no by-laws or ordinances of said corporation shall have any effect until the same shall have been published three weeks successively in a newspaper printed in said county, or by written notices posted up in three of the most public places in said village.

Sec. 8. That the president and trustees shall, at the expiration count of re- of each year, cause to be made out and published a detailed account expenditures. of the receipts and expenditures of the preceding year.

ceipts and

electors.

Appraisal of

property ta ken for cor

porate pur

poses.

Sec. 9. The electors of said village, in legal meeting assembled, Meeting of shall have power to regulate and improve the streets, lanes, alleys and public squares, also to lay out new streets, lanes and alleys, and to determine the width of the side walk: Provided, That no property shall be taken from any individual until said individual shall be paid therefor, the value thereof to be ascertained by twelve disinterested freeholders to be summoned by the marshal for that purpose; they shall have power to remove all Powers of nuisances and obstructions from the streets and commons, and all other places of said village, to provide for the removal of the same, and to do all things which corporations of a similar nature can do to secure the peace, health, property and prosperity of the inhabitants of said village.

clerks.

tion of recor

Sec. 10. The recorder shall receive such fees for his services, Compensaas the by-laws and ordinances of said corporation shall prescribe; der. but the president and trustees shall receive no pecuniary compen

sation.

Sec. 11. For the purpose of enabling the president and trustees Taxation. to carry into effect the provisions of this act, they are hereby authorized to lay such tax as may be voted by vote of the electors of said village on all real and personal estate within the bounds of the corporation, as the same has been or shall be appraised: Provided, That the said tax shall not exceed in any one year, one Lìmit of tax. half of one per centum of the aggregate amount of real and personal estate within the limits of said village; and the said electors shall, between the first Mondays of May and June, in each year, Assessment, determine the amount of tax to be assessed and collected thé cur- how made. rent year.

when and

Sec. 12. It shall be the duty of the president and trustees to Tax lists. make out a duplicate of taxes, charging each individual therein an amount of tax in proportion to the real and personal estate of such individual within said village; which duplicates shall be signed by the president and recorder, and delivered to the marshal, or such other person as shall be appointed collector, whose duty it shall be to collect the same within such time, and in such manner as the by-laws shall direct.

for non-pay

Sec. 13. The said collector shall have power to sell personal power to sell estate, and for the want thereof, to sell real estate for the non-pay-ment of taxes. ment of taxes within said village; and in case of the sale of real estate, the said collector shall prosecute the sale in the same man

E