1 President of college to be board of trustees. Sec. 4. The president of the college shall be, ex-officio, a memmember of ber of the board of trustees, and president of the same; and in his absence, the vice-president shall preside in the meetings of the board; and in the absence of both president and vice-president, the board shall elect one of their own number to preside for the time being. Board of trustees. Funds, how to be applied. give bonds; process against corporation. Sec. 5. The board of trustees shall consist of sixteen members, exclusive of the president, any nine of whom shall constitute a quorum to do business; said board of trustees shall hold their first meeting at the call of the members resident in the village of Marshall, within two months from the approval of this act, and afterwards they shall meet on their own appointments; but in cases of emergency, the president and secretary may call special meetings of the board, or any five members may call such meeting, by giving notice to each member, at least ten days before the time of such meeting. Sec. 6. The board of trustees shall faithfully apply all funds collected or received by them, according to their best judgment, in erecting suitable buildings, supporting the necessary officers, instructors and servants, both in the collegiate and preparatory departments, and in procuring books, maps, charts, globes and other apparatus necessary to the success of the institution or for the purposes of lessening the expense of education or promoting the health of the students: Provided, nevertheless, That in case any donation or bequest shall be made for particular purposes accordant with the general designs of this institution, and the corporation shall accept and receive the same, every such donation or bequest shall be applied in conformity with the condition or design expressed by the donor. Treasurer to Sec. 7. The treasurer of the college shall always, and all other agents when required, before entering on the duties assigned them, give bonds for the security of the corporation and of the public, in such penal sums, and with such sureties, as the board of trustees shall approve; and all process against the institution shall be by summons, and the service of the same shall be by leaving an attested copy thereof with the treasurer of the college, at least thirty days before the return thereof. Board of visiters. Sec. 8. The institution hereby incorporated shall always be subject to the examination or inspection of a board of visiters, or of any officer or officers appointed or authorized by the legisla ture; and after said institution shall have commenced operations, the governor, by and with the advice and consent of the senate, shall annually appoint three disinterested persons, not connected with the aforesaid or any other literary institution in the state, as a board of visiters, whose duty it shall be to visit said institution, at its annual collegiate commencement, or at such other time or times as they may deem expedient, or be directed thereto by the legislature, and report the result of their visit and examination into its condition and affairs, to the legislature at its next annual session. The necessary expenses of said board of visiters, in visiting and examining said institution, not exceeding to each visiter the sum of thirty dollars, shall be chargeable on and paid from the funds of said corporation. degrees. Sec. 9. The trustecs shall have power to confer the honors and Confer degrees usually conferred by collegiate institutions, upon those whom they may deem worthy, when it shall appear from the report of the board of visiters, on the report of a committee appointed by the legislature, that the institution is possessed of permanent funds yielding an average yearly income of at least five thousand dollars, exclusive of any income arising from tuition fees, or other annual contingent contributions: Provided, however, That the primary degrees shall not be conferred on any students, who shall not have passed through a course of studies, similar or equivalent to, and at least as thorough as that prescribed by the regents of the university for candidates for the like degrees. Sec. 10. This act shall not take effect until all the subscribers Certain subscriptions to to a college contemplated to be established at or near the village be released. of Marshall, by the name of Michigan college, who may so request the same, shall have had an opportunty of withdrawing their subscriptions, and a guarantee for twenty thousand dollars for said proposed college, given by Sidney Ketchum, John D. Pierce and A. L. Hays of Marshall, shall have been released, and all moneys advanced on said subscriptions or guarantee refunded, if requested by the respective individuals advancing such moneys, or their legal representatives. Sec. 11. The legislature may at any time alter, amend or Act may be repeal this act, by a vote of two-thirds of each house. Approved April 16, 1839. amended. [No. 61.] AN ACT to legalize certain acts of the supervisors of the townships of Allegan, Plainfield and Otsego, in the county of Allegan, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the proceedings of the supervisors of the townships of Allegan, Plainfield and Otsego, in the county of Allegan, in equalizing the valuation of property for the townships of Manlius and Newark, in said county, and issuing warrants for the collection of taxes therein for the current year, be henceforth as valid in law as if the said equalization had been made from the assessment rolls of the said townships of Manlius and Newark for the current year: Provided, nevertheless, That nothing herein contained shall be so construed as to take away or injuriously affect any individual vested rights. Approved April 16, 1839. Certain persons with whom unclaimed property [No. 62.] AN ACT relative to trunks, baggage and other unclaimed personal property. Section 1. Be it enacted by the Senate and House of Represen tatives of the State of Michigan, That the following persons, residing within this state, viz: Forwarding merchants, wharf by owner or keepers, warehouse keepers, tavern keepers, the proprietor or enter descrip proprietors of steamboats, canal boats, stages and lines, and the in book, &c. several incorporated railroad companies, and the keepers of the has been left otherwise, to tion thereof several railroad, canal and other depots, for the reception and storage of trunks, baggage, merchandize, or other articles of personal property, which may have been consigned to any or either of them, or which may have been left, or which may hereafter be consigned to, or left in the custody of any or either of them, by the owners, agents, or common carriers of property in transitu, shall immediately enter the time the same was left, with a proper description thereof, in a book to be by them provided and kept for that purpose. In case the name and residence of the owner shall owner if he be known or ascertained, it shall be the duty of such person or persons having such property in his, her or their possession, as To notify be known. above specified, to immediately notify the owner or owners thereof by mail. claimed for be advertised printer. Sec. 2. In case no information is obtained as to the owner or Property unowners, it shall be the duty of the person or persons having pos- thirty days to session thereof, to make out a correct written description of all by state such property as shall have been unclaimed for the space of thirty days, stating therein the time the same was received, and forward said description to the state printer, whose duty it shall be to publish the same in the state paper once in each week, for four successive weeks, immediately after receiving such description. maining un sixty days inventory taken. Sec. 3. In case said property shall remain unclaimed for sixty Property redays after the said publication, it shall be the duty of the person or claimed for persons having possession thereof, to apply to a justice of the thereafter, peace in the town or city in which said property is retained, in thereof to be whose presence and under whose direction said property shall be opened and examined, and an inventory thereof taken by said justice; and if the name or names, and residence of the owner or owners is ascertained by such examination, it shall be the duty of the justice forthwith to direct a notice thereof to such owner or owners by mail; and if said property shall remain unclaimed for sixty days after such examination, it shall be the further duty of the person or persons having possession thereof, to apply to a justice of the peace as aforesaid, and if said justice shall deem such property of sufficient value, he shall cause the same to be sold at public auction, giving ten days' previous notice of the time and place of such sale; and from the proceeds of such sale, he shall pay the charges and expenses legally incurred in respect to said property, or a ratable proportion thereof to each claimant, if insufficient for the payment of the whole amount; and the balance of the proceeds of such sale, if any, the said justice shall immediately pay over to the treasurer of the county in which said property sold was retained, for the use of the poor thereof; and the said treasurer shall make an entry of the amount received, the purposes to which the same is to be applied, and the time when received, and at the same time shall demand and receive from the justice who makes such deposite, a description of the property sold, the gross amount of such sale, the amount of expenses paid, and the name of, and amount paid or claimed by each person; which statements shall be registered and filed in his office, in such a manner that the relation between the amount paid Fees for making entry. Property that has remained unclaimed for six years. When description of to be published by in and the property sold and described may always be known. Said deposite, or the amount thereof, shall be subject, at any time within five years thereafter, to be reclaimed by, and refunded to the owner or owners of such property, his or their heirs and assigns, on satisfactory proof of such ownership. Sec. 4. The person making the entry of unclaimed property as above specified, shall be entitled to receive ten cents for each trunk, box, bale, package, bundle or other articles, the value of which shall not be less than one dollar, so entered, and shall have a lien on the property so entered, until payment shall be made; and in case any additional expense shall be incurred for printing, or otherwise, for the preservation of the property, the lien shall continue until payment shall be made for such additional expense. Sec. 5. In all cases where property as described in the first section of this act, has remained unclaimed in the custody of persons therein described or referred to, for the space of six years or upwards, on which charges have been paid, or have accrued ⚫ while in their custody, and remaining unpaid, and where the owner or owners thereof are unknown to the holder or holders of such property, and if known to them, and they have given not less than sixty days' notice to such owner or owners, to pay the charges and take away such property, and they neglect to do either, it shall be lawful, and is hereby made the duty of the holders thereof, to make immediate application to a justice of the peace, as is provided in the third section of this act, who shall proceed in all respects as therein provided, viz: take an inventory, give notice when discovered to owner or owners, and in default of the claimants, proceed to sell the same, deposite the nett proceeds with the county treasurer, and do and perform all other duties required of him by this act. state printer. Sec. 6. In all cases where the nett proceeds of any one lot of property sold goods or articles sold under the provisions of this act, shall exceed ten dollars, it shall be the duty of the justice who authorises such sale, to send to the state printer a description of the goods or property sold, the amount sold for, and the amount deposited with the county treasurer, whose duty it shall be to publish the same in the state paper in the months of April, July, October and January next succeeding such sale, for two succeeding weeks, in each of the months above named, for one year, unless sooner notified by the justice, or treasurer of the county aforesaid, to suspend |