The board of directors may

man.

pensation of

same.

by affidavit of the person serving the same, shall be made and filed with the secretary of the association."

(2759.) SEC. 15. The board of directors are also authorized, in appoint a watch case they deem it expedient for the safety and well-being of the property under their control, to employ a competent watchman to Duty and com- watch during the night, to see that the canal or its appurtenances receive no injury from breaks in embankments or other causes; and they may prescribe his duties and fix his compensation, and raise means to pay the same in the manner herein before provided.' (2760.) SEC. 16. The said board of directors shall have power to make all necessary contracts in the name of the corporation to carry out the duties imposed upon them by this act, which contract shall be signed by the president of the board, if in writing, in the corporate name thereof.1

Contracts; how and by whom made.

Treasurer shall

receive and pay

(2761.) SEC. 17. The treasurer of said board shall receive all out all moneys. moneys paid to him on 'assessment, and hold the same, to be paid out on the order of the said board, certified to the president thereof.1

Sums due may be recovered in an action of assumpsit.

meeting.

(2762.) SEC. 18. All sums due from any person upon any assessment authorized by this act may be recovered with interest in an action of assumpsit brought in the name of the corporation in any court of competent jurisdiction, or as provided in section twelve of this act.'

Disposition of (2763.) SEC. 19. At the annual meeting of the members of said funds on hand at time of annual association held for the election of officers, pursuant to the by-laws thereof, the members representing the majority of interest in such water-power may, by vote, make disposition of all the funds shown by the report of the treasurer of the board of directors, to be made to said meeting, to be in his hands, and such funds shall be paid out as so voted by said treasurer upon the certificate of the president of said board.1

Powers through the by-laws.

(2764.) SEC. 20. Said association shall have power by its by-laws to regulate the use of the water transmitted through the canal under its control by the several owners thereof; to determine the absolute or average head of said water, for the measurement of the quantity to be used by the several owners thereof in proportion to their interest in the water-power furnished by said canal; and to provide for the construction and maintenance in good order of all flumes, gateways, and other structures built to draw water from said canal, and for the tightening, contracting, or enlarging of the same according to the various stages of water in said canal; and in

1 Vide note to section 4 of this act.

:

said by-laws to provide for the manner in which the aforesaid regulations shall be made, published, and enforced; and to provide for regular meetings of the association, and the time and place of holding the same.1

individually

(2765.) SEC. 21. The stockholders of all corporations or associa- Stockholders tions formed under the provisions of this act shall be individually liable for labor liable for all labor performed for such corporation or association.

performed.

mon of water,

just share of

etc., without

previously

join in same.

(2766.) SEc. 22. All owners of water-power afforded by any canal Tenants in comor its appurtenances, which is under the control of any association etc., liable for formed under this act, who are tenants in common of the water, cost of repairs, water-power, or easements, or canal and appurtenances, with the having been members of said association formed under this act, or the act to requested to which this act is amendatory, shall be deemed to have consented to the making of such repairs and improvements as are proper or necessary for the protection and preservation of such canal and its appurtenances, and such as render the same generally available to the owners thereof, and it shall not be necessary in any such case, in any proceedings under this act, to allege or show a previous request made to them to join in making such repairs and improvements, but they shall be respectively liable to pay their just proportion at the time and in the manner in this act provided."

1 Vide note to section 4 of this act.

2 As added by Act 90 of the Laws of 1871, p. 122, approved and took effect April 12, 1871.

CHAPTER LXXXVII.

RAFTING COMPANIES.

Corporation,

how formed. 6 Mich. 266.

11 Mich. 139.

An Act to provide for the formation of companies for running, driving, booming, and rafting logs, timber, and lumber, and for regulating the floatage thereof.

[Approved February 9, 1855. Laws of 1855, p. 55.]

(2767) SECTION 1. The People of the State of Michigan enact, That any number of persons, not less than five, may be formed into a corporation for the purpose of running, driving, booming, and rafting logs, timber, and lumber on any of the streams or waters within this State, by complying with the following requirements: Notice shall be given in at least one newspaper printed in the county, or in some one of the counties in which said stream or waters may be, and if there be no newspaper printed in such county or counties, then such notice shall be printed in some newspaper of some adjoining county, having circulation in said county or counties, of the time and place where all persons desirous of forming such company may meet and subscribe articles of association. Articles of asso- and elect directors of such company; in which articles of association shall be set forth the name of the company, the number of years the same is to be continued, which shall not exceed thirty years from the date of said articles, the number and names of the directors, who shall manage the concerns of the company for the first year, and shall hold their offices until others are elected; the stream or waters upon which the business of said company is intended to be done, and the place within this State where the business office of said company shall be kept.

eiation.

Articles to be subscribed, and

(2768.) SEC. 2. Each subscriber to such articles of association filed with Secre- shall subscribe thereto his name and place of residence. The said

tary of State.

articles of association may be filed in the office of the Secretary of State, and thereupon the persons who have so subscribed, and all persons who shall from time to time associate with them, shall be a body corporate, by the name specified in such articles, 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 be capable of purchasing and acquiring, by gift, grant, lease, or otherwise, and holding any lands, tenements, or hereditaments, necessary to be used in the prosecution of said business, or for the erection of offices, houses, or other buildings, necessary and proper for carrying on the business of said corporation. A copy of any articles of Certified copy association, filed in pursuance of this section, with a copy of an affidavit made by at least two of the directors named therein, setting forth that all prior proceedings of said association had been in strict conformity with all the provisions of this act, indorsed thereon or annexed thereto, and certified by the Secretary of State to be a true copy of the whole of such articles of association and of such affidavit, shall be, in all courts and places, presumptive evidence of the incorporation of such company and the facts therein stated.

to be evidence.

agents, how

(2769.) SEC. 3. The business and property of such company officers and shall be under the management and direction of a board of direct- elected and appointed. ors, composed of not less than three nor more than seven, who, 11 Mich. 139. after the first year, shall be elected annually, at such time and place, and such notice of the election, as the by-laws shall prescribe, not less than thirty days previous to said election, and who shall hold their office until their successors are elected. The said board may elect from their number a president, and appoint a treasurer, who shall give such bonds as the board of directors may require, and a secretary; and in case any vacancy shall occur in said board, the remaining directors may elect any member of said company to fill said vacancy as director for the remainder of the term and until their successors are elected; and in case said annual election of directors, from any cause, shall not be held at the time appointed, it shall be proper to hold the same at any time thereafter upon giving like notice. The said board of directors shall have full Powers of dipower and authority to appoint all agents and attorneys needful and proper, in the prosecution of the business or affairs of the company; to assess and collect all rates, dues, and sums of money of the members of said company, by demand, suit, or otherwise, in any place, court, or jurisdiction, according to law, and the

rectors.

General powers

of corporation,

thereon.

11 Mich. 139.

provisions of the articles of association, rules, and by-laws of said association, or the directors thereof.

(2770.) SEC. 4. Such corporations shall have authority to make and restrictions and construct all proper and necessary rollways, booms, piers, and other constructions along said stream or waters, for the running, driving, booming, rafting, or securing said logs, timber, or lumber : Provided, That in all cases the consent of the riparian owner or occupants of any lands whereon such rollways, booms, piers, or other constructions are intended to be made, shall first have been Further proviso. obtained: And provided also, That no such rollway, boom, pier,

Proviso.

Person owning logs, etc., may become member.

or other construction shall interrupt or hinder the free use, navigation, or floatage upon such stream or waters, by the public or any person interested in the same, to be so constructed as to infringe upon the rights of individuals.

(2771.) SEC. 5. Any person owning logs, timber, or lumber, intended to be run or driven upon said stream or waters, or interested in running, driving, booming, or rafting the same, may become a member of this corporation, upon application, by signing the articles of said company, and paying his just proportion of the Or may run his expense of managing and conducting its affairs: Provided, Nothown logs, etc. ing in this act contained shall be so construed as in any manner to prevent or hinder any person or persons from running, driving, booming, or rafting their own logs, timber or lumber, at such time and in such manner as their interest may require: Provided also, But not obstruct That all persons owning, running, driving, rafting or booming any logs, timber, or lumber, in or upon such stream or waters, shall not leave them in such a situation as to obstruct the floatage or navigation, or clearing the banks of such stream or waters, [or] in any manner thereby deprive individuals or the public of their natural privileges.

navigation.

Proceedings

when floatage,

obstructed, 11 Mich. 189.

(2772.) SEC. 6. If any person or persons shall put, or cause to navigation, etc., 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 rollways and jams of such logs, timber, or lumber, in or upon such stream or waters, or for running, driving, booming, rafting, securing, or clearing the banks of the same, and thereby obstruct the floatage or navigation or clearing the banks of such stream or waters, it shall be lawful for such company to cause such rollways or jams to be broken, and such logs, timber, or lumber to be run, driven, boomed, rafted, secured, or cleared from the banks of such stream or waters, at the charge and expense of the person or persons owning said logs, timber, or lumber; and said company