Full term. and until his successor is elected and qualified; and shall at the same time elect a judge for the full term, commencing January first, in the year eighteen hundred and seventy. Term of present judge in second cir cuit. Duty of sheriffs Election; how conducted. State canvass. Sec. 4. The judge of the present second judicial circuit shall continue to hold his office as judge of the second judicial circuit, as herein reorganized, for the balance of his unexpired term, and shall continue to hold his terms throughout his present circuit, until the first day of May next. Sec. 5. It shall be the duty of the sheriffs of the several counties mentioned in the third section of this act, at least fifteen days previous to the first Monday of April, in the year of our Lord one thousand eight hundred and sixty-nine, to notify the township clerks of the several townships in their respective counties, of the election aforesaid for circuit judge; and the township clerks shall post notices, in the usual manner, for such election in their townships, at least five days previous to the day of election. Sec. 6. The said election for circuit judge shall be conducted and returns made as provided by law for the election of judges for the several judicial circuits of this State; and the State canvassers shall, without delay, on receipt of the certified statement of the votes given in the said counties, proceed to canvass said votes, and deliver to the person elected a copy of their deterJudge to be mination, as required by law; and no person shall hold the office of circuit judge of said judicial circuit, unless he shall be a resident thereof. a resident. Terms of court. Sec. 7. The judges of said judicial circuits shall have power, on the first Monday of May, eighteen hundred and sixtynine, to fix the time for holding the terms of courts in the counties in their respective circuits, and to give the usual notice thereof through the newspapers, and they shall hold Jurisdiction the terms of court therein at the times so fixed; but until so of judge. fixed they shall hold them at the times now appointed, and shall have jurisdiction of all judgments, decrees, records, files, books, papers, suits, prosecutions, causes, and proceedings then pending, and being in the circuit courts for the several counties composing their respective circuits. Sec. 8. All acts or parts of acts, contravening the provisions Acts of this act, are hereby repealed. Sec. 9. This act shall take immediate effect. Approved March 6, 1869. repealed. [ No. 31. ] AN ACT to regulate the size of dry or packing barrels for fruits, roots and vegetables. SECTION 1. The People of the State of Michigan enact, That the quantity known as a barrel of fruit, roots, or vegetables, shall be two and one-half bushels, equivalent to sixty-eight hundred and seventy cubic inches. Approved March 8, 1869. [ No. 32. ] AN ACT to amend act number 174, of the session laws of 1867, being "An act supplementary to an act to authorize the formation of corporations for mining, smelting, or manufacturing iron, copper, mineral coal, silver, or other ores or minerals, and for other manufacturing purposes," approved February 15th, 1853. SECTION 1. The People of the State of Michigan enact, That Act amended act number 174, of the session laws of 1867, being "An act supplementary to an act to authorize the formation of corporations for mining, smelting, or manufacturing iron, copper, mineral coal, silver, or other ores or minerals, and for other manufacturing purposes," approved February 15th, 1853, be and the same is hereby amended so as to read as follows: legal meet holders. Sec. 1. That no meeting of the stockholders of any corpora- What to be tion, organized under the provisions of the act to which this is ing of stocksupplementary, for the purpose of mining, smelting, or manufacturing iron, copper, or other ores or minerals, in the Upper Proviso. A vote of three-fifths necessary to except sur Peninsula, shall be, or be held to be legal or valid, or the proceedings thereof of any force or effect, unless the directors, or other officers or parties calling the same, shall cause a notice of the time, place, and object of holding the same, to be published two weeks for any annual meeting, and four weeks for any special meeting, previous thereto, in some newspaper published in the county in which its business is carried on, or its mines or works are situated, if one be published therein; and if not, then in some paper published in said Upper Peninsula, printed nearest to such mine, works, or place of business, and shall also cause a copy of such notice to be sent by mail to each stockholder of record, at his usual place of residence, twenty days before the time of such meeting: Provided, If the directors or officers calling such meeting shall cause a written or printed notice thereof to be personally served on each stockholder of such corporation, at least twenty days previous thereto, and file proof of such service, or if all such stockholders actually appear and consent to act at such meeting without notice, and the fact thereof be entered upon the record of such meeting, the same shall be as valid as if notice were given, as hereinbefore provided. Sec. 2. No alienation, division, sale, or mortgage of any, or in interest any part of the mine works, real estate, or franchise of any pass title, corporation mentioned in the first section of this act, shall have face right. any force or effect, or pass any title thereto, or interest therein, unless expressly authorized by the vote three-fifths in interest of the entire stock of said company actually present, or legally represented at some meeting of stockholders called, and notified in accordance with the provisions of the preceding section of this act, except the surface right to land for village lots, or land not required for mining purposes, from which the timber has been removed. How to perpetuate evi etc. Sec. 3. Any person desiring to perpetuate evidence of the dence of sale, facts on which the legality of any alienations, division, sale, or mortgage of any of the real estate, mine works, or franchises of any such corporation depends, may procure— tice. First. An affidavit of the person or persons who served the May procure affidavit, of notices of the meeting at which the same was authorized, on server of nothe several stockholders, showing the time and manner of such service; tion. Second. An affidavit of publication of the notice of such of publicameeting, if such notice be published, to be made by the printer of the newspaper in which the same was published, or by some one in his employ having knowledge of the facts; and, proceedings may be re Third. A transcript of the record of proceedings of such Record of meeting to be verified by the oath of the secretary, or other officer of such corporation having custody of said record; Fourth. Said affidavit and verified transcript may be recorded Evidence in the office of the register of deeds of the proper county, in corded. the book of miscellaneous records, and when so recorded, the original affidavits and transcripts, the records thereof, or a certified copy thereof, shall be prima facie evidence of the facts therein contained. meetings. Sec. 4. Any meeting of stockholders, called and notified as Adjourned herein required, may be adjourned to any time not exceeding sixty days thereafter, or to any specified place, without any further or other notice than the vote of a majority in interest, represented and voting thereat. Sec. 5. All acts and parts of acts, contravening the provisions Acts of this act, are hereby repealed. Sec. 6. This act shall take immediate effect. Approved March 12, 1869. repealed. [No. 33.] AN ACT to amend section forty-three of an act entitled "An act to provide for the incorporation of railroad companies," approved February 12, 1855, as amended by an act amendatory thereof, approved March 27, 1867. amended. SECTION 1. The People of the State of Michigan enact, That Section section forty-three of an act entitled "An act to provide for the incorporation of railroad companies," approved February Erection of fences; heighth, openings, etc. Cattle guarda 12, 1855, as amended by act one hundred and sixty-seven, of the session laws of 1867, be and hereby is amended so as to read as follows: (1987.) Sec. 43. Every railroad company formed under this act, and every person or corporation owning or occupying any railroad within this State, under any of the laws thereof, shall erect and maintain fences on the sides of their respective roads, of the heighth and strength of a division fence required by law, with suitable openings and gates therein, convenient for farm crossings of the road, for the use of the proprietors of lands adjoining such railroad; and also construct and maintain cattle guards at all road crossings, suitable and sufficient to prevent cattle and other animals from getting on to the railroad. Liability for Until such fences and cattle guards shall be duly made, the corporation or person, and its or his agents, shall be liable for all damages which shall be done by their agents or engines, or cars, to cattle, horses, or other animals thereon, and all other damages which may result from the neglect of said corporation or person, to erect and maintain fences and farm crossings as Prohibiting aforesaid; and after such fences and guards shall be duly made road, except and maintained, the corporation shall not be liable for any crossings. damages, unless negligently or willfully done; and if any person damages. entries upon at farm such shall ride, lead, or drive any horse or animal upon such road, and within such fences and guards other than at farm crossings, without the consent of the corporation, he shall, for every such offense, forfeit a sum not exceeding ten dollars, and shall also pay all damages that shall be sustained thereby, to the party aggrieved. Approved March 13, 1869. |
