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present

second circuit.

Full term. and until his successor is elected and qualified; and sball at the

same time elect a judge for the full term, commencing January

first, in the year eighteen hundred and seventy. Term of Sec. 4. The judge of the present second judicial circuit shall judge in continue to hold his office as judge of the second judicial cir

cuit, 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. Duty of Sec. 5. It shall be the duty of the sheriffs of the several sherif

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. 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 deterJadge to be mination, as required by law; and no person shall hold the a resident.

office of circuit judge of said judicial circuit, unless he shall be a resident thereof.

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 hola Jarlsdiction 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

how conduoted.

State canvass

Terms of eourt.

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

repealoda of this act, are hereby repealed.

Sec. 9. This act shall take immediate effect.
Approved March 6, 1869.

[ 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:

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 stock. supplementary, for the purpose of mining, smelting, or manufacturing iron, copper, or other ores or minerals, in the Upper

holders

Provisa

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 nearost to such mine, works, or place of business, and sball 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 direc tors or officers calling such meeting shall cause & 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

any part of the mine works, real estate, or franchise of any oncept for 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 per

Sec. 3. Any person desiring to perpetuate evidence of the petuate evi. 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

A vote of three-Ofths in interest necessary to

etc

tico.

tion.

may be re

First. An affidavit of the person or persons who served the way 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;

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, Third. A transcript of the record of proceedings of such Record of

proceeding 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. Sec. 4. Any meeting of stockholders, called and notified as Adjourned

meedings 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 Actu

ropealed. of this act, are hereby repealed.

Sec. 6. This act shall take immediate effect.
Approved March 12, 1869.

[ 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.

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

amended

fences;

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: Erection of (1987.) Sec. 43. Every railroad company formed under this heighth, act, and every person or corporation owning or occupying openings,

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 Cattle lands adjoining such railroad; and also construct and maintain guarda

cattle guards at all road crossings, suitable and sufficient to

prevent cattle and other animals from getting on to the railroad. Llability for Until such fences and cattle guards shall be duly made, the damages

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 entries upon road, except and maintained, the corporation shall not be liable for any such crossings damages, unless negligently or willfully done; and if any person

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 bum not exceeding ten dollars, and shall also pay all damages that shall be sustained thereby, to the party aggrieved.

Approved March 13, 1869.

at farm

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