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of such company, in violation of the provisions of this act, such Penalty for such officer or officers so doing shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided by law in case of issuing false or fraudulent railroad stocks. The provisions of this act shall apply as fully to the stocks and officers of consolidated railroad companies, existing in whole or in part within this State, as to original unconsolidated companies existing as aforesaid.

report of capital

(135.) SEC. 2. It is hereby made the duty of every such railroad Special annual company as aforesaid, to file with the Secretary of State, in the stock actually month of July in each year, a special report and statement, sworn disposed of. to by the president and treasurer of the company, setting forth explicitly the number of shares of capital stock actually issued, sold, pledged, or disposed of by the company, to the date of such report, and the amount of capital stock issued during the year last past, and the amount received therefor in money, and the amount received therefor, if any, in property and other effects.

(136.) SEC. 3. Any violation of the provisions of this act, or Penalty for negany neglect to comply with the requirements of this act, or the lecting to report. making of any false statement to the Secretary of State in relation to any of the matters required by the preceding section to be reported to him, shall render the officers and directors of any such railroad company as aforesaid, guilty of any such violation or neglect, or making or permitting any such false statement, liable to the State for the penalties heretofore provided by law.

section.

(137.) SEC. 4. Sections four and five of an act entitled "An act Repealing supplementary to an act entitled 'An act to provide for the incorporation of railroad companies,"" approved February twelfth, eighteen hundred and fifty-five, and approved March twentieth, eighteen hundred and sixty-three, together with all acts and parts of acts contravening the provisions of this act, are hereby repealed. This act shall take immediate effect.

Approved March 20, 1865.

AN ACT to provide for the service of writings, processes, and notices, in certain cases upon persons in the employ of certain corporate companies.

[Compiled Laws of 1871, Section 6559.]

road companies,

(138.) SECTION 1. Be it enacted by the Senate and House of Rep- Service of proresentatives of the State of Michigan, That whenever, in any suit cess upon railor proceeding, either in law or equity, it shall become necessary to how made serve any process, notice, or writing upon any railroad company in this State, it shall be sufficient to serve the same upon any conductor of a freight or passenger train of cars, or upon any weighmaster at any station or depot along the line or at the end of the railroad of such company; and such service shall be deemed as

Election of

ized.

good and effectual as if made on the officers, stockholders, or members, or either of them, of said company.

This act shall take effect and be in force from and after its passage.

Approved March 28, 1849.

AN ACT to legalize the election of directors of consolidated railroad companies in certain cases.

[Act No. 159, Session Laws of 1875.]

(139.) SECTION 1. The People of the State of Michigan enact, directors legal. That all elections of directors for consolidated railroad companies, held before the consolidation agreement shall have been filed with the Secretary of State, shall, in all suits and proceedings, be of the same force and effect as if the said election had been held after the filing of said agreement: Provided, Said election was held after the after a sanction consolidation agreement was sanctioned by the stockholders. This act shall take immediate effect. Approved April 29, 1875.

Proviso-elec

tion to have been

of stockholders.

Penalty for building roads through burial grounds.

BUILDING RAILROADS THROUGH BURYING GROUNDS.

[Compiled Laws of 1871, Section 7713.]

(140.) If any person shall open or make any highway, shall construct any railroad, turnpike, or canal, or any other thing in the nature of a public easement, over, through, in, or upon such part of any enclosure, being the property of a township, city, religious society, or of any other body corporate, or of private proprietors, as may be used or appropriated for the burial of the dead, unless an authority for that purpose shall be specially granted by law, or unless the consent of such township, city, religious society, body corporate, or proprietors respectfully shall be first obtained, he shall be punished by fine not exceeding two thousand dollars, or imprisonment in the county jail not more than one year.

Crossing of rail.

ways-laying out or altering.

HIGHWAY CROSSINGS OF RAILROADS.

[Act No. 83, Session Laws of 1877.]

(141.) SECTION 21. In laying out, altering, or discontinuing any roads by high public highway, under the provisions of this act, where the same crosses any railroad, the same proceedings shall be had as provided in this act for laying out, altering, or discontinuing highways, and when so laid out as aforesaid the company operating such railroad shall be and is hereby required to construct and maintain at such crossing cattle-guards, fences, and other protections suitable and sufficient to prevent cattle and other animals from getting on such railroad; until such cattle-guards, fences, and other protections shall be duly made such company shall be liable for all damages

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