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Company holden for judgment against Toll Gatherer.

List of Tolls to be
Posted up, etc.

Cars, etc., may be retained till Full paid.

Punishment for obstructing Road.

Penalty for

forcibly passing Gate, etc.

When Corporation shall cease.

Subject to visitation, etc.

(2090.) SEC. 24. Whenever a judgment is obtained against 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.

(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 fiue 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 fraudulently 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. 2101. Notice of Application.

2102. How Notice to be published.

2103. How Application made, and when pre-. sented.

2104. Proceedings of Board of Supervisors. 2105. When Board to declare Territory Incorporated, and appoint Election.

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. Teim of Office.

2113. Annual Elections, when held.

2114. What Officers to be chosen. 2115. Oath of Oflice.

SECTION

2116. Special Flections to fill Vacancies.
2117. Notice of Elections.

2118. Duties of President and Clerk.

2119. President and Trustees to be body Corpo

rate.

2120. Powers of President and Trustees to raise
Tax, and for what purposes.

2121. How Taxes Assessed and Collected.
2122. Treasurer and Marshal to give security.
2123. Powers of President and Trustees relative

to appointments; By-Laws; Taxes; Nuis-
ances; Sewers, etc.; Wells; Showmen;
Gaming; Fire Buckets; Bridges; Fires;
Public Meetings; Gunpowder; Running at
large of Animals; Pounds; Billiards; Riots;
Disorderly Houses; Vagrants, etc.; Fire-
wood and Hay; Stands for Carts, etc.;
Immoderate Driving; Encumbrances to
Streets, etc.; Cemeteries; Shade Trees;
By Laws.

2124. Powers of President and Trustees in rela-
tion to Streets, etc.; Proceedings when
Private Property is required for Public
Use.

SECTION

2125. Jurisdiction of Justices of Peace as to
offences against By-Laws, etc.

2126. Compensation of Officers.

2127. Annual Statement of Board of Trustees.
2128. Citizens not to be deemed incompetent as
Witness or Jurors; Proviso.

2129. How Corporation served with process.
2130. Taxes to be a lien on Real Estate; Sale of
Lands for Taxes; Notice of Sale; Certifi
cate; Redemption; Conveyance; Effect of
Conveyance as Evidence.
2131. Notice of completion of Assessment Roll;
Meeting of Assessors to review Roll; Ap-
peal from Assessment to President and
Trustees.

SECTION

2132. Duplicate Tax Roll; Warrant.
2133. Moneys to be paid to Treasurer.
2134. Duties of Street Commissioners.
2135. Line of Buildings to be established by
President and Trustees.

2136. Fire Companies may be established.
2137. Powers and duties of Fire Companies.
2138. Duties of Marshal at Fires.
2139. Term of office of Clerk; Clerk to be Police
Justice; Jurisdiction and powers.
2140. Marshal to be Police Constable.
2141. Docket of Police Justice to be Public
Record.

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

such 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.

cation.

(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.

Notice of appli- (2101.) SEC. 4. The persons intending to make such application shall give notice that they will apply to the Board of

Supervisors of the county in which such territory shall lie, or if it shall lie in more than one county, to the Board of Supervisors of one of such counties, to be named in such notice, on some day therein specified, for an order incorporating such territory as a village; such notice shall describe the boundaries, or give some other proper description of such territory, and by specifying the town or towns in which it lies.

published.

(2102.) SEC. 5. If there be a newspaper printed within such How Notice to be territory, such notice shall be printed therein once in each week for four successive weeks previous to the time therein specified for making such application; and if there shall be no such paper, such notice shall be posted in at least five public places in such territory, at least four weeks before the time so specified therein.

made, and when

(2103.) SEC. 6. Such application shall be by petition, sub- How application scribed by the applicants, who shall be residents of such presented. territory, describing such territory, and setting forth the number of persons residing therein, according to such census; such census, and the affidavit verifying the same, and a copy of the notice herein required, with an affidavit of posting or publishing the same as aforesaid, shall be annexed to such petition; and it shall be presented at the time specified in such notice, or as soon thereafter as the applicants can be conveniently heard in respect thereto.

Board of Supervi

(2104.) SEC. 7. The Board of Supervisors shall hear all the proceedings of parties interested therein, who shall appear and ask to be sors. heard; it may adjourn the hearing from time to time; it may direct that a new census be taken, and appoint a person or persons to take the same; and said board may refer any question that may arise in respect to such application to three disinterested Commissioners, appointed by such board, who shall examine and report thereon.

declare Territory

appoint Election.

(2105.) SEC. 8. If such board, after hearing the parties, when Board to shall be satisfied that all the requirements of this act in respect Incorporated, and to such application have been complied with, and that such territory contained the population required by this act, it shall make an order declaring that such territory shall be an incorporated village, by the name specified in such application, or by such other name as to such board shall seem proper; and said board shall in such order appoint three inspectors of election to hold the first election required by this act; said board shall also appoint the time and place of holding the said first election.

Notice of First

Election, how

given.

Inspectors and
Officers of Elec-

tion.

Who qualified electors.

Canvass of votes.

Eligibility to office.

(2106.) SEC. 9. The inspectors so appointed shall immediately give notice of the time and place of holding such election, and the officers to be elected at such election, by posting up written notices thereof in at least three public places in such territory, at least three weeks previous to the day appointed for holding the same, or by publishing the same in some newspaper printed in such territory for three successive weeks immediately preceding the time aforesaid. At such election the polls shall be opened at ten o'clock in the forenoon, and shall close at four o'clock in the afternoon.

(2107.) SEC. 10. Such inspectors shall preside and act as inspectors at such meeting; the President and Trustees, or any three of them, may preside at every subsequent election; the clerk of said village may be clerk thereof, and all the laws of this State in relation to the election of township officers, canvass of votes, certifying the election of officers, and notifying them of their election, shall apply to such first election and to all subsequent elections of officers in such village, so far as the same may be applicable and not inconsistent with the provisions of this act.

(2108.) SEC. 11. Every elector residing in such territory, and qualified to vote for township officers in the township in which such territory, or some part thereof may be situate, may vote at all elections in said village.

(2109.) SEC. 12. The inspectors at such first election, and at all subsequent elections, shall canvass the votes given thereat, shall openly declare the result, and shall make and subscribe a certificate of such canvass, which shall show the whole number of votes given, the number given for each person voted for, and the office for which he shall have been voted for; which certificate shall be recorded in the records of said village.

(2110.) SEC. 13. No person not an elector shall be eligible to any office under the provisions of this act, and the persons eligible, and having the greatest number of votes at any elecWho to be de- tion herein provided for, shall be declared elected; and if two or more shall have an equal and the greatest number of votes, the officers presiding at such election shall forthwith determine by lot which shall be deemed elected.

clared elected.

Notice to persons elected.

(2111.) SEC. 14. Every person elected at any election under the provisions of this act, and whose name is entered on the poll list as a voter thereat, shall be deemed notified of his election; and every person so elected whose name shall not be

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