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maintain suits

at law against

members of the same.

to take effect whenever said company shall file with, and have entered in the record of mortgages in the office of the register of deeds of the county where the premises insured are situated, a description of the property, the amount of the deposite note, the name of the person or persons insured, and the time for which said policy is to continue. SEC. 9. Suits at law may be maintained by said company in its Company may corporate name, against any member or members thereof, for the collection of said deposite notes, or any assessment thereon, or for any other cause relating to the business of said company; and such suits may be commenced and prosecuted by any member, against said corporation, for losses or damages by fire, if payment is withheld more than three months after the company are duly notified of such losses. And any member of such corporation, who is not in his individual capacity a party to such suit or suits, shall be a competent witness for either party.

rectors to set

mine the sum

to be paid by

each member.

SEC. 10. The directors shall, after receiving notice of any loss or After loss didamage sustained by fire and ascertaining the same, and after ren- tle and deterdition of any judgment as aforesaid, against said company, for such loss or damage, settle and determine the sum to be paid by the several members thereof as their respective portions of such loss, and publish the same in such manner as shall be prescribed by the bylaws of said company, and the sum to be paid by each member shall Proportion always be in proportion to the original amount of his deposite note or shall pay.

notes, and shall be paid to the treasurer of said company within thirty days next after the publication of such notice.

And if any mem

ber shall for the space of thirty days next after the publication of such notice, neglect or refuse to pay the sum assessed against him, or his portion, of any loss as aforesaid, in such case the said corporation may sue for and recover the whole amount of his deposite note or notes with costs of suit, and the amount thus collected shall remain in the treasury of said company, subject to the payment of such losses and expenses as have or may thereafter accrue, and the balance, if any remain, shall be refunded to the party from whom it was col

each member

When the

lected, on demand, after thirty days notice from the expiration of the term for which insurance was made.

SEC. 11. If the whole amount of deposite notes should be insuffi

cient to pay the loss occasioned by any fire or fires, in such case the whole amount sufferers insured in said company shall reserve towards making good of deposite

Notes are in- their respective losses, a proportionate dividend of the whole amount

sufficient to

losses, a dividend to be made of the premium


pay any loss or of the premium notes according to the sums by them respectively insured, and in addition thereto a sum to be assessed on all the members of said company, on the same principle as regulates the amounts of their respective deposite notes, but not to exceed one dollar on every one hundred dollars by them respectively insured, and no member shall ever be required to pay for any loss occasioned by fire at any one time more than one dollar on every one hundred dollars insured in addition to the amount of his deposite note, nor more than that amount after his said note shall have been paid or expended, but any member, upon the payment of the whole of his deposite note, may, on surrendering his policy before any subsequent loss or expense has occurred, be discharged from said company.

SEC. 12. The directors of said company may make such by-laws

for the regulation of the affairs of said company as are necessary, Directors may make by-laws. provided the same do not come in conflict with the constitution or laws of this state.

Board may appoint a secretary.

Business conducted in the village of Pontiac.

SEC. 13. It shall be the duty of the board of directors to appoint a secretary and treasurer, who shall continue to hold their respective offices during the pleasure of the board, and such other officers may be appointed by said board of directors as the business and operations of said corporation may require.

SEC. 14. The operations and business of said corporation shall be carried on and conducted at such place in the village of Pontiac as shall be designated by the board of directors.

SEC. 15. This act shall take effect immediately after its passage.
The legislature may at any time alter, amend or repeal

SEC. 16.

this act.

Approved March 9, 1813.

No. 83.]

AN ACT authorizing the construction of a wagon road on the line of the Northern Railroad.

to be construc

of the northern

SECTION 1. Be it enacted by the Senate and House of Represen- Wagon road tatives of the State of Michigan, That for the purpose of constructing ted on the line a good wagon road on the line of the "Northern Railroad" there shall railroad. be appropriated, to be expended as hereinafter directed, the highway tax which may be hereafter assessed upon the lands owned by nonresidents, on the line of said road for the distance of three miles each way from the centre thereof.

way tax shall accrue to the road fund.

SEC. 2. Whenever any lot or description of land assessed shall When highextend beyond the distance before limited, and any part thereof shall be embraced within the three miles aforesaid, the highway tax assessed on such lot or description of land shall accrue to the road fund.

tain county treasurers.

SEC. 3. It is hereby made the duty of the county treasurer of the Duty of cercounties of St. Clair, Lapeer, Genesee, Shiawassee, Clinton and Ionia, respectively, to open an account in a book to be provided by such treasurer at the expense of his proper county, for that purpose, to be denominated "Special road fund," and to credit to said fund all monies that may be paid to said county treasurer by the provisions of this act.

Duty of board of supervisors

in certain

counties to

make out a

lands assessed.

SEC. 4. It shall be the duty of the board of supervisors of the before named counties respectively, at their annual meeting in Sep tember of each year, or before delivering the tax roll to the several township treasurers or collectors, to make out a statement of the des- statement of criptions of lands, together with the amount of highway tax assessed and returned on each lot or description of land within the limits before designated on the line of said road within their respective counties, and to deliver the same to the county treasurer, who shall file the same in his office, and pass the amount of said highway tax to the credit of the "special road fund."

SEC. 5. The county treasurer shall in his settlement with the of

County treas ficer making return of the unpaid taxes, charge such officer or col

urer shall

charge collec- lector with the amount of highway taxes which may have been paid

tor amount of

highway taxes to such officer or collector, on land embraced within the provisions

assessed on

lands embrac- of this act, who shall pay over to the county treasurer the amount of

[blocks in formation]


SEC. 6. It shall be the duty of the commissioners of highways of Duty of com the respective townships through which the said road passes, or in

missioners of



highways which any lands may be situate, embraced within the limits of the through which the road pass- operation of this act, in their warrants to overseers of highways, to direct them respectively to cause all labor assessed within their respective districts upon the lands of non-resident owners coming within the provisions of this act to be worked upon the line of said road. SEC. 7. Special comIn order to carry out more fully the intentions and promissioner to be visions of this act, there shall be appointed a special commissioner appointed. for each of the counties of St. Clair, Lapeer, Genesee, Shiawassee, Clinton and Ionia, who shall have the superintendence of said road within their respective counties, and direct where all labor shall be performed on said road: Provided, That no overseer of highways shall be required to expend any labor out of his road district, if the line of said road passes through said district.

Non-resident may apply to special comanissioner to

pay his high

way tax on said road.

SEC. 8. Any non-resident who may wish to perform the labor assessed upon his lands himself, by agent or otherwise, in case the

road district in which such lands are situate be not contiguous to the

line of said road, may apply to the special commissioner who shall direct when and where the labor may be performed on said road, and whenever the labor shall be fully and satisfactorily performed, it shall be the duty of the special commissioner to give a receipt therefor; and upon presentation of such receipt to the overseer of highways of the district in which such lands are situate, he shall cancel the tax on said lands therein described: Provided, The same be done before the time designated by law, for the return of unpaid highway taxes.

SEC. 9.

Whenever any person shall commute the highway tax

commuted for

on lands em

assessed upon non-resident lands embraced within the provisions of Overseer of highways pay this act, and the same shall be paid to the overseer of highways, he over money shall pay over the same within thirty days after the receipt thereof to tax assessed the county treasurer, who shall give a receipt therefor, and the braced within provisions of township treasurer shall pay to the county treasurer on or before this act to the first day of November in each year, all the monies that may come into his hands from the overseers of highways.

county treasurer.

Special com

Jet contracts,

SEC. 10. The special commissioner shall have authority to let, to contract any job, or work upon said road within his county, first giv- missioner to ing public notice thereof, by posting up three or more printed notices, to give notice. one of which shall be upon the outer door of the court-house or place of holding courts for said county, at least ten days before the time of letting such contract, which said notice shall state where the work is to be performed, and the nature thereof, the time limited for the performance, the time and manner of payment, the time and place when and where the work will be let to the lowest bidder, giving good and sufficient bonds with one or more sureties to the special commissioner for the faithful performance of said contract.

To issue his

when contract

SEC, 11. Whenever any such contract shall be completed, the special commissioner shall issue his certificate of the fact, which shall certificate be attached to such contract, and together presented to the board of is completed. supervisors (or to a committee of the board appointed for that purpose,) who shall thereupon issue their warrant to the county treasurer for the payment of the same out of the special road fund.

SEC. 12. All money and labor to be expended shall be on the line of said northern railroad as now established: Provided, That if the special commissioner shall be of opinion that any alteration will be a saving of expense or distance, he may notify the commissioners of highways of the township in which such alterations are proposed, and if a majority of such highway commissioners shall agree thereto, the same may be altered: Provided further, That there shall be no alteration made on the line of said road which will increase the distance more than one hundred and sixty rods in any one surveyed township.

Money to be expended on line of north

ern railroad.

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