Imagens das páginas

Tolls estab Liched by commission erg

rate, of toll iled and re corded

to proceed also to have assessed and to pay all damages consequent upon such improvement, which damages may be assessed by the jury or commissioners authorized by said act, subject always to the proviso contained in the eighth section.

Sec. 11. Whenever any company shall have completed their canal or improvements in any river, or any consecutive five miles thereof, the said company shall be authorized to charge, demand, and receive such rates of toll, for the use of said canal, or for the use of any river or stream of this State, improved by said company, or for any dock, wharf, or other improvement, as may be established by a board of three commissioners, to be appointed by the Governor for that purpose; said board, after making a personal examination of such canal or improvement, shall fix and establish the rate of toll or charge for each boat and vessel using the said canal, or passing through said im

proved river, or any of the works of said company. Said board Bopy of

shall deliver one copy of such rates of tolls or charges to said company, a printed copy of which shall always be posted up at each place where toll is demanded, and the board shall file another copy with the Secretary of State, which shall be duly re

corded in his office, and always open for inspection to the public: When toll Provided however, That no charge whatever shall be made for the Oharged. use of any river, when such improvement has been made, for

any boat, vessel, raft, or craft of any description, which might or could have used said river before said improvement had been made: Provided further, That the said board shall, in determining the rates of toll, declare what boats, vessels, rafts, or craft, are entitled to use said improved river free of

charge. Perons la Sec. 12. If any person shall willfully obstruct, or in anywise Juring improveinents injure any such canal, harbor, or improvement, or any dock, damages wharf, or other fixture connected therewith, or shall violate

any rule or regulation established by said company, such person, boat, vessel, or other craft, as the said company may elect shall be liable for all damages done or committed, and said damages may be recovered in an action against said boat, ves


liable for




from Co.

sel, or other craft, or against the owner or owners thereof, as said company may elect. Sec. 13. Whenever any canal shall cross any highway, the said Canal across

highway to company shall make and keep in good repair such bridges as be bridged. the board of supervisors of the county in which such canal is located shall direct. Sec. 14. The stockholders of said companies, incorporated Stockhold.

ers jointly under this act, shall be jointly and severally liable for all labor liable for performed for such

but no suit shall be brought Suit not to

be brought against any individual stockholder, for any debt of said com-against pany, until judgment on the demand shall have been obtained until after

judgment against the company, and execution thereon returned unsatis-against Co. fied, in whole or in part; and any stockholder who has paid any Stockholder: debt of such company, either voluntarily or otherwise, shall muat pada have the right to sue and recover of such company the full amount thereof, with interest, cost and expenses, and in case of failure to recover the amount from said company, may sue the said stockholders, or any one of them, for their due proportion thereof, which such stockholder ought to pay; and if such action for contribution shall be brought against more than one, the judgment shall specify the sum due and to be recovered from each of the defendants named.

Sec. 15. Any boat, vessel, raft, or craft, which shall attempt Penalty for to pass through said canal, or said improvement, without pay- avoid toll. ing the toll required, shall be liable to pay to said company the sum of one hundred dollars, to be collected by proceeding against said boat, or against the owners thereof, by attachment or otherwise. Sec. 16. The legislature shall, at all times hereafter, have the legislature

the right to) the free right to alter, amend or repeal this act.

Sec. 17. Every corporation formed under the provisions of Specific tas, this act shall, on or before the first day of July, pay the State

7 Treasurer an annual tax of one per cent. on the capital stock of said company, which tax shall be in lieu of all other taxes apon the property of said company, whether real, personal, or

attempt to


mixed, except penalties by this act imposed; the said tax shall
be estimated upon the last annual report of said corporation:
Provided, No vessel, boat, or craft, shall be charged toll for
entering any harbor constructed under this act, nor shall such
harbor be taxed.

Sec. 18. This act shall take effect immediately.
Approved March 13, 1861.

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[ No. 138. ] AN ACT to amend an act entitled “an act to incorporate the city

of Lansing," approved February fifteenth, eighteen hundred and fifty-nine.

Section 1. The People of the State of Michigan enact, That Sections section three of an act entitled "an act to incorporate the city amended.

of Lansing," approved February fifteenth, eighteen hundred and fifty-nine, be and is hereby amended so that said section shall read as follows:

Sec. 3. The said city shall be divided into four wards, as follows: The first ward shall consist of all that part of said city east and north of Grand river and north of the centre line

of Shiawassee street, continued from Grand river to the eastern Second. boundary of said city; the second ward shall consist of all that

part of said city south of the center line of Shiawassee street, continued east and west to the eastern and western boundaries of said city, and north of the centre line of Washtenaw street,

continued east and west to the eastern and western boundaries Third. of said city; the third ward shall consist of all that part of Foarth. said city south of the second ward; the fourth ward shall con

sist of all that part of said city west and south of Grand river and north of the center line of Shiawassee street, continued from Grand river west to the western line of said city.

Sec. 2. Section four of said act is hereby amended so as to

read as follows: City onicors. Sec. 4. The officers of said city shall be one mayor, one re

corder, one treasurer, one clerk, one justice of the peace in the first and fourth wards, and one justice of the peace in the second and third wards of said city, one constable in each ward of said city, two aldermen in each ward of said city, one of whom, in each ward, shall be the supervisor of such ward, as is hereafter designated and provided, who shall be elected at the annual city election by the qualified electors of the whole city, or of the wards thereof, respectively, by ballot, as hereinafter provided; also, one auditor, one marshal, and watchmen not to exceed one for each ward, of whom one shall be designated as captain of the watch, one health physician, and so many fire-wardens, common criers, pound-masters, inspectors of fire-wood, weigh-inasters and auctioneers, as the common council shall from time to time direct, to be appointed by the common council, and such other officers as may be necessary to carry into effect the powers granted by this act, whose powers and duties, other than those defined in this act, shall be such as shall be prescribed by ordinance of the common council.

Sec. 3. Section seventy-three of said act is hereby amended so as to read as follows: Sec. 73. The city marshal shall be superintendent of the city, City

, mar:

shal, his du. and it shall be his duty to superintend, under the general direc- ties. tion of the common council, all work to be done or performed, ordered or required to be done or performed, upon or in relation to any of the public streets, walks, bridges, sewers, or public pumps, reservoirs, or grounds of said city, and to perform such other duties as by this aet, or the ordinances or resolutions of the common council, shall be required. He may also serve all May servo process that may issue from any court or magistrate of said city, or that may be issued by the recorder or recorder's court of said city, the same as any constable or the sheriff of the county of Ingham, and with the same power and authority.

Sec. 4. Section seventy-four of said act is hereby amended so as to read as follows: Sec. 74. The recorder shall have the same powers, and per- Recorder,

pomors. form and discharge the municipal duties of mayor during the



absence, inability, death, resignation, or removal of the mayor, and shall be entitled to a seat within the common council for the purposes of deliberation and of acting on committees,

but shall have no vote therein, except when performing the Judicial

duties of mayor; he shall also have power to hold a recorder's court, and which court shall be a court of record, having common law jurisdiction, and he shall have the power, and may exercise the jurisdiction in all cases arising within the limits of the said city, which is now or may hereafter be conferred upon the judges of the circuit courts of the State, or circuit court commissioners, in cases of proceedings to recover possession of land in certain cases, by chapter one hundred and twenty-three of the revised statutes, and the amendments thereof; and also, in cases of habeas corpus and certiorari, to inquire into causes of detention, by chapter one hundred and thirty-four of said revised statutes, and also of all proceedings under title twentyseven of the said revised statutes, entitled “of the punishment

of fraudulent debtors,” and in the exercise of such jurisdictions Bean shall be entitled to demand and receive the same fees for the

services so rendered, as are now or may hereafter be allowed to circuit court commissioners for like sewices; but nothing in this act contained shall be construed to confer any power not specifically mentioned and conferred on such court, except for the punishment of contempts and the naturalization of aliens.

Sec. 5. Section ninety-two of said act is hereby amended so

as to read as follows: Salary of

Sec. 92. The common council shall annually determine the city officers.

salary or compensation to be paid to the several officers of said city, within the limitations hereinafter prescribed, and which shall be as follows, to wit: To the city clerk, in addition to his fees and perquisites prescribed by law, a sum not exceeding two hundred dollars per annum; to the city treasurer, a sum not exceeding one hundred dollars per annum; to the city marshal, as superintendent of streets and highways, a sum not excceding one dollar and fifty cents per day, and at that rate for any part of a day, for every day by him actually spent in the

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