reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.24 - Re-Instated Corporations; Formation of Companies to Purchase and Operate.

485.24 Re-instated corporations; formation of companies to purchase and operate.
Sec. 24.
Corporations may be formed under this act in the upper peninsula and Branch and Macomb counties for the purpose of operating and further improving any canal or improvement in the upper peninsula and Branch and Macomb counties, of any corporation formed under the act hereby re-instated, and may purchase the canal or other improvements, lands, or other property of such corporations.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- Am. 1879, Act 39, Imd. Eff. Apr. 18, 1879 ;-- How. 3843 ;-- Am. 1885, Act 197, Imd. Eff. June 16, 1885 ;-- CL 1897, 6719 ;-- CL 1915, 8820 ;-- CL 1929, 11755 ;-- CL 1948, 485.24
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.25 - Purchasing Corporation; Powers and Duties; Log Interest; Public Rights.

485.25 Purchasing corporation; powers and duties; log interest; public rights.
Sec. 25.
When any such corporation shall have purchased any canal or other improvements, lands, or other property of any such other corporation under the provisions of section 24 of this act, the rate of tolls shall not thereafter be increased, but the corporation purchasing shall be entitled to collect the tolls established and existing at the time of such purchase, and no other additional charges shall be imposed. And when any corporation formed under the provisions of this act shall have made improvements on or at the mouth of any navigable stream, said corporation is hereby required to furnish reasonable facilities in said harbor, in, at, or near the mouth of said stream for the making up of rafts at such place and in such manner that it will be practicable to float such rafts to the lake. They shall also be required to furnish reasonable facilities for operating, tying up, or anchoring, as the case may be, such rafts, or any tugs or boats necessary to be used in making up or removing such rafts: Provided, That nothing in this act shall be construed as conferring upon the log interest any paramount rights, nor as authorizing any unnecessary interference with the rights of the public in any navigable waters, nor any unnecessary interference with the rights or privilege of the owners of the adjacent banks or shore, except as hereinbefore provided.
History:
Add. 1881, Act 171, Imd. Eff. May 31, 1881 ;-- How. 3844 ;-- CL 1897, 6720 ;-- CL 1915, 8821 ;-- CL 1929, 11756 ;-- CL 1948, 485.25
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.101 - Corporations to Improve on Rivers; Formation; Tolls.

485.101 Corporations to improve on rivers; formation; tolls.
Sec. 1.
That any number of persons may associate for the purpose of improving the navigation of any river in this state, by deepening the channel thereof and the construction of dams therein, and canals to connect therewith, upon such terms and conditions and subject to such liabilities as are prescribed in this act, and to take and receive such amounts of toll for the passage of vessels, boats, rafts, timber, logs and lumber, through such river, when the navigation shall be thus improved, as the board of control of the St. Mary's Falls ship canal may prescribe, as herein provided.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2716 ;-- How. 3845 ;-- CL 1897, 6721 ;-- CL 1915, 8822 ;-- CL 1929, 11757 ;-- CL 1948, 485.101
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.102 - Corporations to Improve on Rivers; Certificate, Contents, Acknowledgment, Recording, Filing.

485.102 Corporations to improve on rivers; certificate, contents, acknowledgment, recording, filing.
Sec. 2.
Such persons, under their hands and seals, shall make a certificate which shall specify:
1. The name of the corporation;
2. The stream and section of the stream the navigation of which it is proposed to improve;
3. A statement of the amount of capital stock of such company, and the number of shares into which the capital stock shall be divided;
4. The names and places of residence of the stockholders, and the number of shares held by each of them respectively;
5. The names of the first directors, being not less than 3 or more than 7;
6. The place in this state where their office for the transaction of business is located;
7. The term of existence of such corporation, which shall not exceed 30 years; which certificate shall be acknowledged as deeds are required to be acknowledged, and recorded in the office of the clerk of the county in which the office of said company for the transaction of business is located, and a copy thereof filed in the office of the secretary of state.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2717 ;-- How. 3846 ;-- CL 1897, 6722 ;-- CL 1915, 8823 ;-- CL 1929, 11758 ;-- CL 1948, 485.102
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.103 - Body Corporate; Powers; Governing Law.

485.103 Body corporate; powers; governing law.
Sec. 3.
Upon complying with the provisions of the last preceding section, such company shall be a body corporate, by the name designated in said certificate, and as such shall be capable of suing and being sued in all courts and in all manner of actions, and may have a common seal, 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 55, of title 10, of the Revised Statutes of A.D. 1846, entitled “General provisions relating to corporations,” as far as the same shall be applicable, and not inconsistent with the provisions of this act.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2718 ;-- How. 3847 ;-- CL 1897, 6723 ;-- CL 1915, 8824 ;-- CL 1929, 11759 ;-- CL 1948, 485.103
Compiler's Notes:
For provisions of chapter 55 of the Revised Statutes of 1846, referred to in this section, see MCL 450.504 et seq.
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.104 - Improvement of Streams; Consent of Governor and Attorney General.

485.104 Improvement of streams; consent of governor and attorney general.
Sec. 4.
No company formed or created under this act shall be authorized to improve the navigation of any stream under the provisions of this act, until they shall have obtained the assent in writing of the governor and attorney general of this state.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2719 ;-- How. 3848 ;-- CL 1897, 6724 ;-- CL 1915, 8825 ;-- CL 1929, 11760 ;-- CL 1948, 485.104
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.106 - Directors; Powers, Election, Term, Vacancy, Qualification.

485.106 Directors; powers, election, term, vacancy, qualification.
Sec. 6.
The business and property of such company shall be managed and directed by a board of not less than 3 nor more than 7 directors, who, after the first year, shall be elected annually, or once in 2 years, as the by-laws of said company shall direct, and at such time and place as said by-laws may direct; and public notice shall be given of the time and place of holding such election not less than 20 days previous thereto, in such a manner as the by-laws of such company may direct; the election shall be made by such of the stockholders as shall attend for that purpose, either in person or by proxy. All elections shall be by ballot, and each stockholder shall be entitled to as many votes as he shall own shares of stock, and the persons having the greatest number of votes shall be directors. Whenever any vacancy shall happen in the board of directors, such vacancy shall be filled for the remainder of the term, by the remaining directors. The directors shall hold their offices for 1 or 2 years, as said by-laws may direct, and until others are elected in their places, and no person shall be a director unless he is a stockholder in said company.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2721 ;-- How. 3850 ;-- CL 1897, 6726 ;-- CL 1915, 8827 ;-- CL 1929, 11762 ;-- CL 1948, 485.106
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.107 - Directors; Calling of Election.

485.107 Directors; calling of election.
Sec. 7.
In case it shall happen that an election for directors shall not be held as provided, the said corporation shall not be for that reason dissolved, but such election shall be held on some future day, to be fixed by the directors holding over, upon giving the notice therefor as in this act provided.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2722 ;-- How. 3851 ;-- CL 1897, 6727 ;-- CL 1915, 8828 ;-- CL 1929, 11763 ;-- CL 1948, 485.107
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.108 - Directors; Majority Control.

485.108 Directors; majority control.
Sec. 8.
A majority of the directors shall be a board for the transaction of business, and the acts of a majority of the board shall bind the corporation.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2723 ;-- How. 3852 ;-- CL 1897, 6728 ;-- CL 1915, 8829 ;-- CL 1929, 11764 ;-- CL 1948, 485.108
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.109 - Directors; President; Treasurer; Selection, Vacancy.

485.109 Directors; president; treasurer; selection, vacancy.
Sec. 9.
The directors at their first meeting after their election, shall choose, by ballot, 1 of their number as president, and 1 as treasurer, and they shall supply any vacancy in the office of president or treasurer, whenever the same shall occur.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2724 ;-- How. 3853 ;-- CL 1897, 6729 ;-- CL 1915, 8830 ;-- CL 1929, 11765 ;-- CL 1948, 485.109
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.110 - President and Directors; Powers.

485.110 President and directors; powers.
Sec. 10.
The president and directors shall have power to make and prescribe such by-laws, rules and regulations respecting the transfer of stocks, and the management and control of the affairs and property of such corporation, as they may deem best, not inconsistent with the laws of the United States or of this state, and shall have power to appoint and employ officers, clerks, agents, and servants for conducting and carrying on the business of such incorporation, and determine their duties and salaries, and wages to be paid to them.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2725 ;-- How. 3854 ;-- CL 1897, 6730 ;-- CL 1915, 8831 ;-- CL 1929, 11766 ;-- CL 1948, 485.110
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.111 - Subscriptions; Increase in Capital Stock, Certificate, Filing.

485.111 Subscriptions; increase in capital stock, certificate, filing.
Sec. 11.
The directors of any such company may at any time receive subscriptions to stock in said company until the whole amount of the stock mentioned in their articles of association shall be subscribed; and whenever, in the judgment of the directors, it shall be necessary to increase the capital stock of any such company for the extension or more perfect completion of such proposed work, or to provide lands and buildings needful for its use, it shall be competent for such directors, with the approval or ratification of the holders of a majority of the capital stock, at any lawful meeting of stockholders, to provide for such increase; and in all cases where such capital stock is increased, a certificate thereof shall be signed, certified, and filed as hereinbefore required in case of the original articles of association.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2726 ;-- How. 3855 ;-- CL 1897, 6731 ;-- CL 1915, 8832 ;-- CL 1929, 11767 ;-- CL 1948, 485.111
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.112 - Subscriptions; Calling In; Sale, Procedure, Purchaser's Rights.

485.112 Subscriptions; calling in; sale, procedure, purchaser's rights.
Sec. 12.
The directors may call in subscriptions to the capital stock of such corporation by installments, in such portions, and at such times and places as they shall think proper, by giving notice thereof as the by-laws shall prescribe; and in case any stockholder shall neglect or refuse payment of any such installment for the space of 60 days after the same shall become due and payable, and after he shall have been notified thereof, the stock of such delinquent stockholder may be sold by the directors at public auction, at the office of the secretary of the corporation, giving at least 30 days' notice in some newspaper published in the county: Provided, That if said stockholder shall reside in this state, the stock shall be sold at the business office of said corporation, in the county in which they are doing business, giving at least 30 days' notice thereof in some newspaper published in the county; if no newspaper be published in the county in which such corporation transacts their business, then it shall be published in the newspaper in the city of Detroit which shall have at the time the largest circulation; and the proceeds of such sale shall be first applied in payment of the installment called for, and the expenses on the same, and the residue shall be refunded to the owner thereof; and such sale shall entitle the purchaser to all the rights of a stockholder, to the extent of the shares so bought.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2727 ;-- How. 3856 ;-- CL 1897, 6732 ;-- CL 1915, 8833 ;-- CL 1929, 11768 ;-- CL 1948, 485.112
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.113 - Corporate Powers.

485.113 Corporate powers.
Sec. 13.
Every such corporation organized, as hereinbefore prescribed, may make the improvements thus set forth in said plans after the same shall have been approved by said board of control, and shall have the following powers and be subject to the liabilities and restrictions following, that is to say:
First, To cause such examinations and surveys of [for] the proposed improvements whether of dams or canals, or deepening of the channels to be made along the stream, the navigation of which it is proposed to improve, as may be necessary to prepare for the work to be done, and by their officers and agents and servants to enter upon the lands or waters of any person or company, but subject to liability for all damages which they shall do thereto;
Second, To purchase, and by voluntary grants and donations to receive, enter upon, take, hold, and use all such lands and real estate and other property as may be necessary for the construction and maintenance of the work proposed in the approved plans of such company;
Third, To divert into such stream to be improved, waters from any lake or lakes in the vicinity thereof by canals to be constructed for that purpose; to divert the water from the present channel of the stream to be improved, by cutting across bends in said river; to flood lands by constructing the necessary dams according to plans approved as aforesaid, and to enter upon, take and use any lands which may be necessary for the purpose of constructing and maintaining such works and improvements: Provided, That the necessity for such diversion of the water, flooding of lands, and of taking such lands for such purposes, and the damages to be paid therefor, in each case of diversion of water, flooding of land, or taking of the same shall be ascertained, and such damages paid as provided for in sections 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 of an act entitled “An act to provide for the formation of companies to construct plank roads,” approved April 8th, 1851, being sections 1894 to 1905, inclusive of the Compiled Laws and the amendments thereto;
Fourth, To have power to drive the logs put into such stream, and for that purpose to make and enforce all necessary contracts with the owners of the logs and other floatables to be driven in such stream, and may also make contracts relative to tolls to be paid by any person for the use for any number of years of any portion of any stream improved by such corporation, and when any such contract is in writing, the same shall be executed on the part of such corporation by its president and secretary under the seal of such corporation.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2728 ;-- How. 3857 ;-- Am. 1883, Act 62, Imd. Eff. May 2, 1883 ;-- CL 1897, 6733 ;-- CL 1915, 8834 ;-- CL 1929, 11769 ;-- CL 1948, 485.113
Compiler's Notes:
Sections 13 to 25 of Act 155 of 1851, referred to in this section, were repealed by Act 84 of 1921.
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.114 - Tolls; Forfeiture of Right to Collect.

485.114 Tolls; forfeiture of right to collect.
Sec. 14.
It shall be the duty of such company to complete the improvements contemplated by the plans approved as aforesaid within the time which shall be prescribed by the said board of control, at the time said plans shall be approved by said board of control, and in case of failure so to do said company shall forfeit all right to collect tolls of any person or persons whatever, who shall use for the purposes of navigation the improvements made by such company, unless the time for completing the same shall have been previously extended by said board of control, upon good cause shown and after publication of a notice of said application as required by section 5 of this act.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2729 ;-- Am. 1879, Act 197, Eff. Aug. 30, 1879 ;-- How. 3858 ;-- CL 1897, 6734 ;-- CL 1915, 8835 ;-- CL 1929, 11770 ;-- CL 1948, 485.114
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.116 - Tolls; Improved Streams Open to All.

485.116 Tolls; improved streams open to all.
Sec. 16.
Any stream improved under this act shall be open to all persons for use, upon the payment of tolls, prescribed as aforesaid for the passage of vessels, boats, logs, rafts, timber and lumber through such improved stream or waters, and uniform rates of toll shall be charged to all persons, whether stockholders in such company or not.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2731 ;-- How. 3860 ;-- CL 1897, 6736 ;-- CL 1915, 8837 ;-- CL 1929, 11772 ;-- CL 1948, 485.116
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.117 - Tolls; Collection.

485.117 Tolls; collection.
Sec. 17.
Whenever said tolls are prescribed as aforesaid, the directors of the corporation may collect the same by action of assumpsit from persons using such improved portions of such stream. The proceedings in such action shall be in accordance with the practice of the courts in which such action is commenced in actions of assumpsit.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2732 ;-- Am. 1881, Act 87, Imd. Eff. Apr. 15, 1881 ;-- How. 3861 ;-- CL 1897, 6737 ;-- CL 1915, 8838 ;-- CL 1929, 11773 ;-- CL 1948, 485.117
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.118 - Lien on Floatables; Sale, Procedure.

485.118 Lien on floatables; sale, procedure.
Sec. 18.
Such company shall have a lien upon all logs, rafts, timber or lumber or other floatables driven, rafted or run through such stream or waters upon which toll shall be due, for such toll, and may sell a sufficient quantity of such logs, timber or lumber, or other floatables to satisfy said claim or demand, with the expense of such sale, at public auction on not less than 10 days' notice, either personally served upon such owner, or posted in 3 or more conspicuous places in the township where such logs are held, and in either case, by posting a like notice, also, in the office of such company, of the mark, description and supposed owner of such logs, timber or lumber, and the charges for which the same is to be sold.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2733 ;-- How. 3862 ;-- CL 1897, 6738 ;-- CL 1915, 8839 ;-- CL 1929, 11774 ;-- CL 1948, 485.118
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.119 - Stream to Be Kept in Repair; Forfeiture.

485.119 Stream to be kept in repair; forfeiture.
Sec. 19.
The board of directors of any such company shall, at all times after commencing the collection of any tolls from persons using said improved stream or waters, keep such portions of the stream or waters clear of all unnecessary obstructions, and in good condition for the passage of rafts, timber, logs, lumber, vessels or boats for which toll is charged, and in case of any dilapidation or obstruction which is calculated to endanger or delay the passage of rafts, timber, logs or lumber, boats or vessels, as aforesaid, it shall be the duty of the board of directors, without unnecessary delay, to make such repairs as shall restore such stream or waters to their proper condition; and in case said board of directors shall fail to comply with the provisions of this section, the corporation shall, for every such neglect or refusal, be liable to a forfeiture of 100 dollars, to be recovered in an action of debt, by any person aggrieved or injured thereby: Provided, That in all cases 1 of said board of directors shall first have been notified of such defect, and the necessary time for its repair shall have elapsed after such notice and before the commencement of such suit.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2734 ;-- How. 3863 ;-- CL 1897, 6739 ;-- CL 1915, 8840 ;-- CL 1929, 11775 ;-- CL 1948, 485.119
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.120 - Injury to Stream or Property; Penalty.

485.120 Injury to stream or property; penalty.
Sec. 20.
If any person shall wilfully obstruct any stream or waters improved under the provisions of this act, or any part thereof, or shall wilfully destroy or injure any buildings, piers, dams, fixtures, banks or other constructions in use upon the same belonging to said company, such person or persons so offending shall, for every offense, be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding 500 dollars, or by imprisonment in the county jail not more than 1 year, in the discretion of the court.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2735 ;-- How. 3864 ;-- CL 1897, 6740 ;-- CL 1915, 8841 ;-- CL 1929, 11776 ;-- CL 1948, 485.120
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.121 - Log Jam; Power to Break, Lien for Cost.

485.121 Log jam; power to break, lien for cost.
Sec. 21.
If any person or persons shall put, or cause to be put, into said stream or waters, any logs, timber, or lumber, and shall not make adequate provisions and put on sufficient force for breaking jams of such logs, timber or lumber in or upon such stream or waters, or for running, rafting or driving the same, and thereby obstruct the floatage, or navigation, it shall be lawful for such company, to cause such jams to be broken, and such logs, lumber or timbers to be run, driven, boomed, rafted or secured, at the charge and expense of the person or persons owning said logs, timber or lumber; and said company shall have a lien upon such logs, timber or lumber, as shall be sufficient to pay and satisfy all just and reasonable charges therefor, and expense and cost thereof, and shall be entitled to take and retain possession of such logs, timber or lumber, or so much thereof as may be necessary to satisfy the amount of such charges, for breaking such jams, and for driving, booming, rafting, and running of said logs, timber or lumber, and expenses and costs thereon, until the same be satisfied and paid; and such corporation shall proceed to collect such charges, costs and expenses, in the manner hereinafter prescribed.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2736 ;-- How. 3865 ;-- CL 1897, 6741 ;-- CL 1915, 8842 ;-- CL 1929, 11777 ;-- CL 1948, 485.121
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.122 - Lien; Enforcement.

485.122 Lien; enforcement.
Sec. 22.
Any such corporation claiming any lien may bring an action of assumpsit against the owner of such property to determine and satisfy the amount of such lien or such corporation may waive its claim of lien and bring such action against such owner for the amount thereof. The proceedings in such actions shall be in accordance with the practice of the courts in which such action is commenced in actions of assumpsit. The property held under a claim of lien may be levied upon and sold to satisfy any judgment which may be rendered against such owner in such action, and the taxable costs in such case shall include the cost and expense of providing for the care and safety of such property. In cases where the claim of lien is waived under the provisions of this section the plaintiff shall have judgment if he shall establish on the trial such a state of facts as would have entitled him to a lien, and the judgment shall be collected as in ordinary cases in assumpsit: Provided, That such action shall be commenced within 60 days after such tolls shall become due.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2737 ;-- Am. 1883, Act 132, Imd. Eff. May 31, 1883 ;-- How. 3866 ;-- CL 1897, 6742 ;-- CL 1915, 8843 ;-- CL 1929, 11778 ;-- CL 1948, 485.122
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.123 - Lien on Floatables; Owner Unknown or Without Jurisdiction of Court.

485.123 Lien on floatables; owner unknown or without jurisdiction of court.
Sec. 23.
If the owner of such logs, timber or other floatables, cannot be ascertained, or is without the jurisdiction of the court, the proceeding to ascertain and determine the amount of such lien may be against the property, and commenced by filing the petition of said corporation, claiming such lien, in the proper court, which shall contain a statement of the nature and amount of the claim, and a description of the property seized, and that the owner of such property is unknown, or is without the jurisdiction of the court, and praying for a judgment against such property for the amount of such claim, which petition shall be verified by the oath of the president of such corporation filing the same, or its agent or attorney. The plaintiff shall thereupon, and before any trial shall be had, or judgment rendered, in such proceeding, cause a notice to be published for 4 successive weeks, at least once in each week, in some newspaper printed and circulated in such county, or if none is printed and circulated in such county, then in such other newspaper published in this state as such court shall direct, which notice shall state the title of the court, the name of the plaintiff, the name of the owner of the property taken, if known, the nature and amount of the claim, and the description of the property upon which the lien is sought to be enforced. The owner of such property shall have a right to appear and defend in such proceedings, at any time before judgment, upon such terms as the court shall direct; and in case of his appearance, an issue shall thereupon be formed as in actions of assumpsit, and all subsequent proceedings in such case shall be in accordance with the practice of such court in actions of assumpsit. If the owner shall fail to appear in such proceeding, the court may proceed ex parte, to hear, try and determine the facts alleged in such petition, and render such judgment thereon as justice may require. If judgment shall be rendered in favor of such plaintiff, the court shall thereupon order that the property covered by such lien, or as much thereof as may be necessary, be sold to satisfy the amount of such judgment, with costs.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2738 ;-- How. 3867 ;-- CL 1897, 6743 ;-- CL 1915, 8844 ;-- CL 1929, 11779 ;-- CL 1948, 485.123
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.124 - Annual Report; Contents.

485.124 Annual report; contents.
Sec. 24.
On or before the first Monday in January in each year it shall be the duty of the directors of every company formed under this act, to report to the secretary of state, under the oath of the secretary and 1 or more of the directors, the length of the stream or waters so improved; the cost of such improvements; the amount of money expended; the amount of their capital; how much of the same is paid in and how much is expended; the whole amount of tolls or earnings expended on such improvement; the amount received during the previous years for tolls and from all other sources, stating each separately; the amount set apart for repairs; the amount of dividends made and the amount of indebtedness of such company, specifying the object for which such indebtedness accrued.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2739 ;-- Am. 1883, Act 3, Eff. Sept. 8, 1883 ;-- How. 3868 ;-- CL 1897, 6744 ;-- CL 1915, 8845 ;-- CL 1929, 11780 ;-- CL 1948, 485.124
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.125 - Taxation.

485.125 Taxation.
Sec. 25.
Each and every company formed under this act, shall pay to the treasurer of the state of Michigan an annual tax at the rate of 1 per cent on the whole amount of capital paid in upon the capital stock of said company, which tax shall be estimated upon the last preceding report of said company, and shall be paid to the said treasurer on the first Monday in July of each year, and shall be in lieu of all other taxes upon all the property of said company.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2740 ;-- How. 3869 ;-- CL 1897, 6745 ;-- CL 1915, 8846 ;-- CL 1929, 11781 ;-- CL 1948, 485.125
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.126 - Stockholder's Liability; Recovery Prerequisites.

485.126 Stockholder's liability; recovery prerequisites.
Sec. 26.
The stockholders of every company organized in pursuance of this act, shall be jointly and severally personally liable for the payment of all debts and demands against such association, which shall be contracted, or which shall be, or shall become due during the time of their holding such stocks, for any labor or services done or performed for such company; but no stockholder shall be proceeded against for the collection of any debt or demand against such company, until judgment thereon shall have been obtained against the association, and an execution on such judgment shall have been returned unsatisfied, in whole or in part, or unless such association shall be dissolved.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2741 ;-- How. 3870 ;-- CL 1897, 6746 ;-- CL 1915, 8847 ;-- CL 1929, 11782 ;-- CL 1948, 485.126
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.127 - Shares Deemed Personalty; Transfer.

485.127 Shares deemed personalty; transfer.
Sec. 27.
The shares of any company formed under this act shall be deemed personal property, and may be transferred as shall be prescribed by the by-laws of such company.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2742 ;-- How. 3871 ;-- CL 1897, 6747 ;-- CL 1915, 8848 ;-- CL 1929, 11783 ;-- CL 1948, 485.127
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 149 of 1869 - River Improvement Companies (485.101 - 485.129) › Section 485.129 - Governing Laws.

485.129 Governing laws.
Sec. 29.
All companies formed under this act shall at all times be subject to all general laws in force relative to corporations.
History:
1869, Act 149, Imd. Eff. Apr. 5, 1869 ;-- CL 1871, 2744 ;-- How. 3873 ;-- CL 1897, 6749 ;-- CL 1915, 8849 ;-- CL 1929, 11784 ;-- CL 1948, 485.129
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 91 of 1887 - Improvement of State Boundary Rivers (485.201 - 485.214) › Section 485.201 - Corporations to Improve State Boundary Rivers; Incorporators.

485.201 Corporations to improve state boundary rivers; incorporators.
Sec. 1.
That any number of persons, not less than 5, may be formed into a corporation to improve any river and its tributaries which form, in whole or part, the boundary between this and any adjoining state, for the purpose of driving, sorting, holding and delivering logs thereon, and for such purpose only.
History:
1887, Act 91, Imd. Eff. Apr. 26, 1887 ;-- How. 3873a ;-- CL 1897, 6750 ;-- CL 1915, 8850 ;-- CL 1929, 11785 ;-- CL 1948, 485.201
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 91 of 1887 - Improvement of State Boundary Rivers (485.201 - 485.214) › Section 485.202 - Corporations to Improve State Boundary Rivers; Certificate, Acknowledgement, Contents, Recording, Filing.

485.202 Corporations to improve state boundary rivers; certificate, acknowledgement, contents, recording, filing.
Sec. 2.
Such persons, under their hands and seals, shall make a certificate, which shall specify:
First, The purpose for which the corporation is formed and the name of the rivers proposed to be improved;
Second, A statement of the amount of capital stock of such company and the number of shares into which the capital stock shall be divided;
Third, The names and residences of the stockholders and the number of shares held by each of them respectively;
Fourth, The amount of capital stock actually paid in;
Fifth, The names of the first directors, being not less than 3 nor more than 9;
Sixth, The place in this state where their office for the transaction of business is located;
Seventh, The term of existence of such corporation, which shall not exceed 30 years, which certificate shall be acknowledged as deeds are required to be acknowledged and recorded in the office of the clerk of the county in which the office of said company for the transaction of business is located, and a duplicate thereof filed in the office of the secretary of state.
History:
1887, Act 91, Imd. Eff. Apr. 26, 1887 ;-- How. 3873b ;-- CL 1897, 6751 ;-- CL 1915, 8851 ;-- CL 1929, 11786 ;-- CL 1948, 485.202
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 91 of 1887 - Improvement of State Boundary Rivers (485.201 - 485.214) › Section 485.203 - Corporations to Improve State Boundary Rivers; Body Corporate, Powers.

485.203 Corporations to improve state boundary rivers; body corporate, powers.
Sec. 3.
Upon complying with the provisions of the last preceding section, such company shall be a body corporate by the name designated in said certificate, and as such shall be capable of suing and being sued in all courts, and may have a common seal, may elect in such manner as hereinafter provided all necessary officers, and determine their duties and make, from time to time, such by-laws, not inconsistent with the constitution and laws of this state, as a majority of the stockholders shall direct.
History:
1887, Act 91, Imd. Eff. Apr. 26, 1887 ;-- How. 3873c ;-- CL 1897, 6752 ;-- CL 1915, 8852 ;-- CL 1929, 11787 ;-- CL 1948, 485.203
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 91 of 1887 - Improvement of State Boundary Rivers (485.201 - 485.214) › Section 485.204 - Annual Report; Contents, Filing, Inspection by Stockholders.

485.204 Annual report; contents, filing, inspection by stockholders.
Sec. 4.
Every such corporation shall annually, in the month of January, make a report, signed by its president and secretary, containing:
First, The amount of capital stock actually paid in;
Second, The amount invested in real and personal estate;
Third, The amount of their debts and credits, as near as may be;
Fourth, The name of each stockholder and the number of shares held by him at the date of such report; and every such report shall be verified by the oath of the officers signing the same, and shall be filed with the secretary of the association, and also in the office of the county clerk of the county in which the office of said association shall be located, and open at all reasonable times for the examination of any and all stockholders.
History:
1887, Act 91, Imd. Eff. Apr. 26, 1887 ;-- How. 3873d ;-- CL 1897, 6753 ;-- CL 1915, 8853 ;-- CL 1929, 11788 ;-- CL 1948, 485.204
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 91 of 1887 - Improvement of State Boundary Rivers (485.201 - 485.214) › Section 485.205 - Stock Divided Into Shares; Increase.

485.205 Stock divided into shares; increase.
Sec. 5.
The amount of the capital stock of every such corporation shall be fixed and limited by the stockholders in their articles of association, and shall be divided into shares of 100 dollars each, 10 per cent of which shall be paid in. The capital stock and the number of shares may be increased at any meeting of the stockholders called for that purpose.
History:
1887, Act 91, Imd. Eff. Apr. 26, 1887 ;-- How. 3873e ;-- CL 1897, 6754 ;-- CL 1915, 8854 ;-- CL 1929, 11789 ;-- CL 1948, 485.205
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 91 of 1887 - Improvement of State Boundary Rivers (485.201 - 485.214) › Section 485.206 - First Meeting; Calling.

485.206 First meeting; calling.
Sec. 6.
When any corporation shall be formed under this act, any 2 of those associated may call the first meeting of the corporation at such time and place as they may appoint, by giving notice thereof by publishing the same in some newspaper published in the county where the office of such corporation is located, at least 15 days before the time appointed for such meeting, or by personal service of like notice upon each of the stockholders 10 days before the time fixed for said meeting.
History:
1887, Act 91, Imd. Eff. Apr. 26, 1887 ;-- How. 3873f ;-- CL 1897, 6755 ;-- CL 1915, 8855 ;-- CL 1929, 11790 ;-- CL 1948, 485.206
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 91 of 1887 - Improvement of State Boundary Rivers (485.201 - 485.214) › Section 485.207 - Directors; Powers, Election, Term, Officers, Selection, Term.

485.207 Directors; powers, election, term, officers, selection, term.
Sec. 7.
The business and property of said company shall be managed by a board of directors of not less than 3 nor more than 9 directors, who, after the first year, shall be elected annually as the by-laws of said company shall direct; and public notice shall be given of the time and place of holding such election as the by-laws of said company may direct. Such board of directors, when elected, shall choose from their number a president, secretary and treasurer, who shall hold their respective offices for the term of 1 year, and such board of directors may appoint such other officers and agents as their articles of association or their by-laws may require, who shall hold their respective offices during the pleasure of the directors.
History:
1887, Act 91, Imd. Eff. Apr. 26, 1887 ;-- How. 3873g ;-- CL 1897, 6756 ;-- CL 1915, 8856 ;-- CL 1929, 11791 ;-- CL 1948, 485.207
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 91 of 1887 - Improvement of State Boundary Rivers (485.201 - 485.214) › Section 485.208 - Directors; Stockholders; Quorum; Voting.

485.208 Directors; stockholders; quorum; voting.
Sec. 8.
A majority of the directors of every such corporation convened according to the by-laws, shall constitute a quorum for the transaction of business, and those holding a majority of stock at any meeting of the stockholders shall be capable of transacting the business of the meeting, and at each meeting of the stockholders each share of stock shall be entitled to 1 vote. Stockholders may appear and vote in person or by proxy.
History:
1887, Act 91, Imd. Eff. Apr. 26, 1887 ;-- How. 3873h ;-- CL 1897, 6757 ;-- CL 1915, 8857 ;-- CL 1929, 11792 ;-- CL 1948, 485.208
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 91 of 1887 - Improvement of State Boundary Rivers (485.201 - 485.214) › Section 485.209 - Property; Holding.

485.209 Property; holding.
Sec. 9.
Every such corporation shall, by their corporate name, have powers to acquire, use and hold all such works and improvements, and all such real and personal property as may be necessary or suitable for the purposes of such corporation, and to take or flow lands or property in the construction of the works or improvements hereby authorized.
History:
1887, Act 91, Imd. Eff. Apr. 26, 1887 ;-- How. 3873i ;-- CL 1897, 6758 ;-- CL 1915, 8858 ;-- CL 1929, 11793 ;-- CL 1948, 485.209
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 91 of 1887 - Improvement of State Boundary Rivers (485.201 - 485.214) › Section 485.210 - Condemnation.

485.210 Condemnation.
Sec. 10.
Whenever any such corporation shall desire to take or flow any lands or property in the construction of the works or improvements authorized by this act, when no agreement can be made with the owners thereof, the like proceedings shall be had and taken as is provided in an act entitled, “An act to provide for the formation of companies to construct plank roads, approved April 8, 1851, and the acts amendatory thereto.”
History:
1887, Act 91, Imd. Eff. Apr. 26, 1887 ;-- How. 3873j ;-- CL 1897, 6759 ;-- CL 1915, 8859 ;-- CL 1929, 11794 ;-- CL 1948, 485.210
Compiler's Notes:
Act 155 of 1851, referred to in this section, was repealed by Act 84 of 1921.
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 91 of 1887 - Improvement of State Boundary Rivers (485.201 - 485.214) › Section 485.211 - Improvement Powers; Repair Duty; Driving of Logs; Tolls and Expenses, Lien.

485.211 Improvement powers; repair duty; driving of logs; tolls and expenses, lien.
Sec. 11.
Any such corporation formed for the improvement of any boundary river in whole or part and any of its tributaries, and for driving, sorting, holding and delivering logs thereon, which shall have taken prior possession of such boundary river for that purpose, shall have power to improve such river and its tributaries by clearing and straightening the channels thereof, closing sloughs, erecting sluiceways, booms of all kinds, side rolling and flooding dams, driving piles and erecting piers or otherwise, as may be necessary or suitable for the purpose aforesaid: Provided, That such sluiceways, booms, dams, piles and piers shall, so far as practicable, be so constructed and used as to allow of the free passage of logs, timber and other floatables along such waters. Every corporation which shall so improve a boundary river or any of its tributaries for the purpose of driving logs thereon, and keep in repair and operate its works, may charge and collect reasonable and uniform tolls upon all logs, lumber and timber driven or floated on the same, and may take possession of all logs put into said stream, or upon rollways so as to impede the drive, when the owners thereof or their agents shall not have come upon the stream adequately provided with men, teams and tools for breaking rollways and driving such logs in season for making a through drive down such stream without hindering the main drive, and shall also, at the request of the owner of any logs and timber put into said stream, take charge of the same and drive the same down and out of such stream, and charge and collect therefor of the owner or party controlling said logs and timber reasonable charges and expenses for such services, (and all charges for running, driving, booming, towing, rafting, sorting and delivering of logs, timber or lumber by such corporation shall be by the scale of such logs, timber or lumber per 1,000 feet board measure); and such corporation shall for all such tolls, costs and expenses, have a lien on the logs for which the same were incurred, and shall be entitled to maintain possession of such logs or timber, or so much thereof as may be necessary to satisfy the amount of such tolls, costs and all expenses for taking care of the same until the same shall be determined, satisfied and paid in the manner hereinafter prescribed.
History:
1887, Act 91, Imd. Eff. Apr. 26, 1887 ;-- How. 3873k ;-- Am. 1889, Act 42, Eff. Oct. 2, 1889 ;-- CL 1897, 6760 ;-- CL 1915, 8860 ;-- CL 1929, 11795 ;-- CL 1948, 485.211
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 91 of 1887 - Improvement of State Boundary Rivers (485.201 - 485.214) › Section 485.212 - Lien; Enforcement.

485.212 Lien; enforcement.
Sec. 12.
Any such corporation claiming any lien as provided for in the preceding section, may recover the amount of such lien in the manner provided in sections 17 and 18 of an act entitled “An act to authorize the formation of corporations for the running, booming and rafting of logs,” approved February 4, 1864.
History:
1887, Act 91, Imd. Eff. Apr. 26, 1887 ;-- How. 3873-l ;-- CL 1897, 6761 ;-- CL 1915, 8861 ;-- CL 1929, 11796 ;-- CL 1948, 485.212
Compiler's Notes:
Sections 17 and 18 of Act 16 of 1864, referred to in this section, were repealed by Act 84 of 1921.