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[No. 39.]

AN ACT to provide for the removal of the seat of justice of the county of Hillsdale, from the village of Jonesville to the village of Hillsdale.

tice to be a

Hillsdale,

Section 1. Be it enacted by the Senate and House of Represen- Seat of justatives of the State of Michigan, That from and after the first village of Monday of January, in the year of our Lord one thousand eight after first hundred and forty-one, the county seat of the county of Hillsdale shall be removed from the village of Jonesville in said county, and re-established in the village of Hillsdale in said county, upon such land in the said village of Hillsdale as shall be deeded to the county for that purpose: Provided, The quantity of land so conveyed shall not be less than one acre, to be located under the direction of a majority of the county commissioners, who are hereby required to make such location and fix the site for such county seat in said village of Hillsdale, in the month of January next, or as soon thereafter as may be, and to take a deed of the land aforesaid to them and their successors in office, for the uses and purposes of the county of Hillsdale, and shall have the said deed recorded in the office of the county register in said county: And provided also, That the title of the said land to be conveyed as aforesaid, shall be good, absolute and indefeasible, and the premises free from all legal encumbrance.

Approved April 3, 1839.

[No. 40.]

AN ACT to provide for the collection of certain unpaid taxes in the township of Monguagon, in Wayne county.

collecting taxes of $37,

Section 1. Be it enacted by the Senate and House of Representa- Time extives of the State of Michigan, That the collector of the township of tended for Monguagon, elected in April, eighteen hundred and thirty-nine, to the first or such other person as the township board may appoint for that day of July. purpose, be and is hereby authorized and empowered to collect all the unpaid state, county or township taxes assessed and levied in said township for the year eighteen hundred and thirty-seven, and for the purpose of collecting said taxes, shall be vested with

Real estate on which

taxes are not

returned.

the same powers, and give the like bonds, as other township collectors; and the assessment roll, with the warrant of the supervisors of said county for said year, shall be sufficient authority for the person herein authorized to proceed in the collection of the aforesaid unpaid taxes, and he shall make returns of the warrant and tax-roll, and pay over the moneys collected in pursuance of this act in the same manner and under the same liabilities as township collectors of other taxes are required by existing law, on or before the first day of July next.

Sec. 2. And the collector or other person appointed as aforepaid, to be said, shall perform the same duties and make the same returns, in the case of taxes assessed upon real estate, when, by the use of due and legal diligence, he can not actually collect the same, as collectors are by law in like cases required to perform and do; and such real estate remaining charged with such taxes, shall be proceeded against, advertised and sold in like manner and subject to the like provisions as in other cases where land charged with such taxes is proceeded against and sold, and such sale or sales shall have the like force in law as in other like cases.

Oath hat

tax has been paid.

any

Sec. 3. It shall be competent for any person charged with unpaid taxes specified in the foregoing section, to make oath before the collector, who is hereby authorized to administer the same, that the tax wherewith he may have been charged has been fully paid, which shall discharge such person from the payment thereof.

Approved April 3, 1839.

[No. 41.]

Trustees;

their general powers.

AN ACT to incorporate the Grass Lake Academy and
Teachers' Seminary.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Alonzo Brewer, James Faulkner, Henry A. Francisco, Robert Davis, John M. Ellis, Joshua G. Knight, David Durand, Foster Tucker, James Courier, Will am H. Pease, Jona B. Taylor, Peter Brown, Job Rice, Miller Yeckley, and Joshua Jones, of Grass Lake, Jackson county, and their successors, be and hereby are created a body politic and corporate, to be styled "The board of trustees of the Grass Lake

academy and teachers' seminary," and by that name to remain in perpetual succession, with full powers to sue and be sued; to acquire, hold and convey property, real and personal; to have and to use a common seal, to alter and renew the same at pleasure; to make and to alter from time to time such by-laws as they may deem necessary for the government of said institution, its officers and servants: Provided, such by-laws are not inconsistent with the constitution of this state or of the United States.

To be located a ship of Grass

in the town

Lake.

appoint offi

May expel members,

Sec. 2. The said academy shall be located in the township of Grass Lake, in the county of Jackson, and shall be erected on plan sufficiently extensive to afford instruction in the liberal arts and sciences, and in the languages, as opportunity and ability may hereafter admit or the trustees direct. Sec. 3. The board of trustees shall from time to time appoint Trustees to such officers and instructors, and also such servants of the insti. cers, &c. tution as may be necessary, and shall have power to displace any prescribe or each of them for good and sufficient reasons. They may also have power to expel any of their own members for dishonorable and improper conduct, whenever two-thirds of the board at any regular meeting shall concur in such decision. The board may also prescribe the course of studies to be pursued in said institution or its departments. They shall also have power to fill all vacancies in said board that may happen by death or otherwise.

studies and fill vacancies.

consist of fif

quorum; first

quent meet

Sec. 4. The board of trustees shall consist of fifteen members, Board to any seven of whom may constitute a quorum for doing business; teen; seven a and said board of trustees shall hold their first meeting at Grass and subseLake Centre, on the first Monday of May, one thousand eight ings of. hundred and thirty-nine, and afterwards on their own appointments; but in any emergency, the president of the board, with advice of two trustees, may call a special meeting 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 said meeting.

to be applied;

twenty thou

Sec. 5. The board of trustees shall faithfully apply all funds Funds, how collected or received by them, according to their best judgment, not to exceed in erecting suitable buildings, supporting instructors, in procuring sand dollars. books and apparatus, and whatever may, in their judgment, be best fitted to promote the best success of the institution; but said corporation shall not, under any circumstances, be permitted to issue any note, bill or other negotiable paper or obligation for the

give bonds;

service of process on corporation.

payment of money: Provided, That in case any bequest or donation shall be made for a particular purpose, accordant to the design of this institution, and the corporation shall accept and receive the same, it shall be applied in conformity to the conditions or design expressed by the donor: Provided further, That the property to be held by the institution shall not, at any one time, exceed the sum of twenty thousand dollars.

Treasurer to Sec. 6. The treasurer of this institution shall always, and all other agents when required, before entering on the duties of their appointment, give bonds for the security of the corporation and the public, in such penal sums and with such securities as the board of trustees shall approve; and all process against the corporation shall be by summons, and the service of the same shall be by leaving an attested copy thereof with the treasurer of the institution.

Subject to examination

Sec. 7. The institution hereby incorporated, shall always be of board of subject to the examination or inspection of a board of visiters, or of any officers appointed or authorized by the legislature.

visiters.

Amendment

or repeal of act.

Borrow money.

Time to con

struct road

Sec. 8. The legislature may at any time alter, amend or repeal this act, by a vote of two-thirds of each house. Approved April 4, 1839.

[No. 42.]

AN ACT to amend an act entitled "An act to incorporate the Port Sheldon and Grand Rapids railroad company."

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the president and directors of the Port Sheldon and Grand Rapids railroad company shall have power to borrow money to enable them to finish the works of the company, and to give mortgages, certificates or bonds for the payment thereof, the same to be convertible or not convertible into stock, as may be deemed expedient.

Sec. 2. That the time allowed by the fourth section of the act in, extended. to which this act is amendatory, to construct, finish and put in operation, ten miles in distance of said road, be hereby extended to five years from the passage of this act; and that the time allowed for completing and putting in operation the whole of said

railroad, be hereby extended to the period of eight years from and

after the passage of this act.

sess damages.

Sec. 3. This act shall not be construed so as to authorize the Not to carry on banking. aforesaid company to carry on banking business, or to issue and put in circulation any paper intended as a circulating medium. Sec. 4. Be it further enacted, That so much of the twelfth Jurors to assection of the act to which this is amendatory, as relates to the summoning of twelve jurors for the purpose of assessing the damages arising from the construction of said railroad, be and the same is hereby repealed, and that eighteen jurors be substituted in lieu thereof.

may be made

cy and safety

Sec. 5. And be it further enacted, That any stockholder in Examination said corporation, or the district attorney of any county through into sufficienor over any part of which said railroad may pass, may at any of road, &c. and at all reasonable times, cause an examination at the expense of said corporation to be made into the sufficiency, security and safety of the railroad when constructed, and of the machinery and cars used thereon, to the end that if the same should be found to be unsound or insecure, or in any wise dangerous to the safety of persons or property conveyed on said road, the conveyance of persons and property thereon may be thenceforward stopped, until. by adequate repairs or new machinery, or otherwise, the dangers of such evils may be obviated. And the better to give effect to the purposes intended by the aforesaid examination, it shall be the duty of the circuit court of the proper county to appoint, as often as may be necessary, one or more competent persons, whose duty it shall be, under the direction of such court or of such commissioners, (as the case may be) to make examination of the premises; and if such person or persons should find that by reason of any defect or insufficiency in said railroad, or in the machinery used thereon, there should be danger of injury to the lives of persons, or property conveyed on said railroad, then and from the time of such finding, neither persons or property shall be conveyed or transported on said railroad, until the same or said machinery shall be reconstructed, repaired or renewed as aforesaid; and if any of the agents of said corporation or other person shall offend herein, after notice in the premises, he shall be deemed guilty of misdemeanor, and shall be subject to indictment, and shall be punished, on conviction, by fine not exceeding one thousand dollars, and imprisonment not exceeding twelve months, at the discretion of the

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