Service of legal process, how pany. the purchase of, or in any manner to purchase stock in any other Corporation. (2060.) SEc. 12. Service of any legal process against any made upon Com- such Corporation may be made on the President or Secretary, or if neither of them can be found in the county, then upon one of the Directors of such Company; and in case none of the above named officers can be found in the county, then such service may be made by leaving a copy of such process at the business office of such Company, in some conspicuous place. Books to be kept by Company. (2061.) SEC. 13. It shall be the duty of the Directors of every such Corporation or Company to cause books to be kept by the Treasurer or Secretary, or other officers thereof, containing the names of all persons, alphabetically arranged, who are, or shall within six years have been, stockholders of such Company, and showing their place of residence, the number of shares of stock held by them respectively, and the time when they respectively became owners of such shares, and the amount of stock actually paid in; which book shall be kept open in the principal office of every such Company in every county in which such Company transact business, for the inspection of stockholders and creditors of such Company, and their personal representatives; and any and every such person shall have a right to make extracts from any such book. Such books shall be presumptive evidence of the facts therein stated, in favor of the plaintiff in any suit or proceeding against such Company, or against any one or more stockFent for neg holders. Every officer or agent of any such Company who officers or agents shall fail or neglect to make any proper entry in any such book, or shall neglect or refuse to exhibit the same, or allow the same to be inspected, and extracts to be taken therefrom, as provided by this section, shall be deemed guilty of a misdemeanor; and the Company shall forfeit and pay to the party injured a penalty of fifty dollars for every such neglect or refusal, or for neglecting to keep such books open for inspection as aforesaid. Yeet of duty by Association in the Duty of Owner or (2062.) SEC. 14. It shall be the duty of the owner or Assotransmission of ciation owning any telegraph line, doing business within this dispatches. State, to receive dispatches from and for other telegraph lines and Associations, and from and for any individual; and on payment of their usual charges for individuals for transmitting dispatches, as established by the rules and regulations of such telegraph line, to transmit the same with impartiality and good faith, under the penalty of one hundred dollars for every neglect or refusal so to do, to be recovered, with costs of suit, in the name and for the benefit of the person or persons sending or desiring to send such dispatch. Association in the dispatches. (2063.) SEC. 15. It shall likewise be the duty of every such Duty of Owner or owner or Association to transmit all dispatches in the order transmission of in which they are received, under the like penalty of one hundred dollars, to be recovered, with costs of suit, by the person or persons whose dispatch is postponed out of its order,' as herein prescribed: Provided, however, That arrangements may be made with the proprietors or publishers of newspapers, for the transmission for the purpose of publication of intelligence of general and public interest, out of its regular order. Penalty for nature of the vate Communica (2064.) SEC. 16. Any person connected with any Telegraph divulging the Company in this State, or connected with any such Company contents of pritransacting business in this State, either as clerk, operator, tions messenger, or in any other capacity, who shall willfully or negligently divulge the contents or the nature of the contents of any private communication entrusted for transmission or delivery to the agent, clerk, operator, messenger, or other person in the employ of such Company, or who shall willfully refuse or neglect to transmit or deliver the same, shall, on conviction before any Court, be adjudged guilty of a misdemeanor, and shall suffer imprisonment in the county jail where such conviction shall be had, for a term not exceeding six months, or shall pay a fine not exceeding five hundred dollars, in the discretion of the Court; and such Company shall be liable to the party aggrieved for all damages sustained thereby. (2065) SEC. 17. The State shall have a lien upon any line Lien of the State constructed under this act, and its appurtenances, and for all taxes which may accrue thereon to the State, by virtue of the provisions of this act, which shall have precedence of all other liens; and in case the tax or any part thereof shall remain unpaid at the time hereinbefore provided for its payment, then the State Treasurer shall have power, and it is Duty of State hereby made his duty, to advertise such line for sale for the of non-payment amount of such tax remaining unpaid, in some newspaper published in the City of Detroit, by giving three weeks' previous notice, and to sell the same accordingly for the amount of tax Previso and interest, and charges of sale: Provided, The same shall not be paid before the time of sale; and the surplus money, if any, shall be paid to the owner or owners of such line. for Taxes. Treasurer in case of Tax. Legislature may alter, amend, or wepeal this Act. Provisa (2066.) SEC. 18. The Legislature may at any time alter, amend or repeal this act; and any such alteration or amendment shall act as an alteration or amendment of the corporate rights of all Companies formed, created, organized, or at any time doing business under its provisions; or they may annul or repeal any Corporation formed under this act; but such alteration, amendment, annulling or repeal shall not, nor shall the dissolution of any such Company, take away or impair any remedy given for or against any such Corporation, its stockholders or officers, for any right acquired or liability which shall have been previously incurred. SEC. 19. This act shall take effect immediately CHAPTER LXXI. OF TRAIN RAILWAYS. SUCTION 2067. Three or more persons may organize; No- 2068. Name, Residence, and Number of Shares 2069. When Articles to be filed with Secretary 2070. Certified Copy of Articles and Affidavit to 2071. Board of Directors to manage affairs; 2072. Election in certain cases, when hekl. 2074. President and Treasurer to be elected by 2075. Powers of Board of Officers. SECTION 2077. Power to hold Lands, etc., restricted 2080. Any Person may use Road on paying Toll 2033. Place of Office to be designated by Direo- 2034. Individual liability of Stockholders. 2086. Stockholders not liable until Execution 2090. Company holden for Judgment against persons may o lished. Directors, etc. ciation, what to (2067.) SECTION 1. The People of the State of Michigan enact, Three or more That any number of persons, not less than three, may be ganize. formed into a Corporation for the purpose of constructing and owning a train railway or road, to be operated by horse or other animal power, by complying with the following requirements: Notice shall be 'given in at least one newspaper Notice to be pub printed in any county through which or in which such railway is intended to be constructed, of the time and place or places where books for subscribing for the stock thereof will be opened, and if there be no newspaper printed in the county, then such notice shall be printed in the City of Detroit; and When to elect when stock to the amount of one thousand dollars per mile of the said railway so intended to be built shall be in good faith subscribed, and ten per cent. paid thereon, as hereinafter required, then the said subscribers may, upon due and proper notice, elect Directors for said Corporation; and thereupon Articles of Assothey shall severally subscribe articles of Association, in which contain. shall be set forth the name of the company; the number of years the same shall be continued, which shall not exceed thirty years from the date of said articles; the amount of the capital stock of said company; the number of shares of which said stock shall consist; the number of Directors and their names, who shall manage the concerns of the company for the first year, and shall hold their offices until others are elected; the place from, and to which the proposed railway is to be constructed, and each mine, city and village, to or through which it is intended to pass, and its length, as near as may be. (2068.) SEC. 2. Each subscriber to such articles of Asso- Name, residence ciation shall subscribe thereto his name, by himself or by Shares to be subhis attorney, his place of residence, and the number of shares of stock taken by him in said company; the said articles of Association may, when the provisions of the next section are complied with, be filed in the office of the Secretary of State, and thereupon the persons who have so subscribed, and all Persons act persons who shall from time to time become stockholders in corporate. and number of scribed. ated to be body teges and liabilities. such company, shall be a body corporate by the name specified in such articles, and as such shall be capable of Powers, Privi- suing and being sued, in all Courts and in all manner of actions, and may have a common seal, and be capable of purchasing and acquiring from any person or persons, by gift, grant, or otherwise, and holding any land, tenements or hereditaments, necessary to be used in the construction, repair and preservation of said railway, and the erection of toll gates and houses thereon, and may by by-laws prescribe the manner of calling and conducting the meetings of the stockholders, and shall possess the powers and privileges, and be subject to the provisions contained in chapter fifty-five of title ten of the Revised Statutes of this State, entitled "General Provisions relating to Corporations," as far as the same shall be applicable, and not inconsistent with the provisions of this act. Chapter 73. When Articles to be filed with Sec (2069.) Sec. 3. Such articles of Association shall not be filed retary of State. in the office of the Secretary of State until ten per cent. on the amount of the stock subscribed thereto shall have been actually and in good faith paid to the Directors named in such articles, nor until there is endorsed thereon, or annexed thereto, an affidavit by at least two of the Directors, that the amount of the capital stock required by the first section of this act has been subscribed, and that ten per cent. on the amount has been actually paid in; and no stockholder shall be entitled to vote for Directors of any company of which he may be a member, or for any other purpose, unless all assessments due on his stock shall be paid before such election. Certified copy of Articles and affidavit to be evidence. Board of Directors to manage number, etc. (2070.) SEC. 4. A copy of any articles of Association, filed in pursuance of this act, with a copy of the affidavit aforesaid endorsed thereon, or annexed thereto, and certified by the Secretary of State to be a true copy, and of the whole of such articles of Association, and of the affidavit endorsed thereon or affixed thereto, shall be, in all Courts and places, presumptive evidence of the incorporation of such company, and of the facts therein stated. (2071.) SEC. 5. The business and property of such company affairs, their shall be managed and directed by a board of not less than three nor more than seven Directors, who, after the first year, shall be elected annually, or once in two years, as the by-laws of said company shall direct, and at such time and place as said by Notice of Elec-laws may direct; and public notice shall be given of the time and place of holding such election, not less than twenty tion, etc. |