Central Railroad Charter

AN ACT to nuthorize tho sale of the Central Railroad, nnd to incorpórate the Michigan Central Railroad Company ; Sec. 1. Be it enacted by the Senate and House of Representntives of tho State of Michigan, That WilJiam Sturgess, John Elliot Thnyer, Alexandor Duncan, VVilliam F. Weid, Josiah Quincy, Jr., David A. Ncal, John Bryant, James K. Mills, E rast us Corning, Thomns H. Perkins, John P. Cushing, George Griswold, John M. Forbes, R. B. Forbes Dudley L. Piek'mnn, John VV. Brooks, Cyrus Butler, Moses B. Ives, Robert II, Ives, Edward King, John Carter Brown, Thomas H. Perkins, Jr., Mfircus T. Reynolds. Garrett Y, Lans ing John Townsend, Rufus H. King, nnd such olher persons as shall associate with them for that purpose, are heroby made and constituted a body corporate and politie, by the name and style of "The Michignn Central Railroad Company," uiih perpetual succession, and by that name shall be capable in law of taking.purchasing holding, leasing, solling und conveying estales and property, whether real, 1 ol or mixed, so far as the same may be necessary for the purposes hereinafter menlioned, and no farther ; and in their corporate mime may ue and be sued, nnd in case of judgmenf against them, thcy shall pay full cosfs ; may have a common seal which they may aller or renew nt pleasure, ar.d may have and exercise all powers, rights, privüpgesnnd immunities which are or may bo necessary to carry i intoeflect the purposes and objectsof this act, as the sameare hereinnfler set forth: ; Provided, Thut nothing in this act i tuined shall extend or be construed to authorize the said company to carry on the business of banking, brokernge, or any other business except what properly bclongs to a rail rond and transporlationcompnny, as nerenmiier proviaeü. Sec. 2, The snid compnny witliin six moriths after the passage of this act, shall have the right to purchase nnd tnke from the stilte, and tho state wil] sell nnd grant to said compnny all the right, tille and interest of the state in and to the Central rail road, and all its nppurtennnees, including al) machine shnps and other buildings, and stock and materials upon said roüd, of whntcver name or kind, and nll landüor rights ofwny whieh the state has or may have acquired in conneclion with said rail road, (saving only to the state the buiíding in which is now kept the Auditor General nnd Stale Trensurer's offices, and the lot of land on which it is sitúate, being the samo land nnd premises described in a corlain deed of lense for a term of nine hundred and ninotynine yonrs, exccuted by the association for promoling femnle education in Detroit, to the Regents of ihe University of ! Michigan, bearlng date Mnrch thirtieth, in the year eighteen hundred nnd fortythree,) for the price or sum of two millions of dollars; of which, the sum of five hundred (housnnd dollirs shall be paid by the said compnny, at the State Treasury, to the State Treasurer, witliin six montbs after the passing of this act, of which sum such porlion of the one hundred and fifty tfyousnnd dollars now öwing by the state for iron, spikes and hardware procured for the purpeso of its rail roads, as shall reninin unpaid at the time prescrihed for the payment of snid five hundred thousand cíollars, f-íiall be paid by the companv cither in money ör in the bonds e.xeculed for the paymentof the money so chip, nnd the lurthersum oC one hundred nnc live thousafid dollars, part of said sum of five hundred thousand dollars shall be paid in rnoncy or in the coupons of the bonds designated in section toar of thisact ns frst class, which coupons fall due on the first dny of January, and first day of July, eighteen hupdred and forty-six, and the residiie of said five hundred thousand dollars to be paid as hereinafter provided ; and thereupon the said compány shall inimeditilely thcreafter be put into and be ontitled to the possession of said rai} road nd its appurtftnances, including all lands, macbifie shops, and other buildings (saving as aforesaid) and except nlso that any person who may own any building upn landt- ■-■■ i juj longing to ihe state on the lino of the Om ra I rnil road, which land mny bc transferred to said company undor this act, mny dispose of or take away such building within tbree months nfter such transfer; and their furniture; and all! stock nnd materinls upon said ruil road, of whatever name or kind. And if vvïthin oneyear from the paymcnt of thosaid five lumdred thousand dollars, the said company shall pay lo tho state the fu'rther sum of one million and five hundred thousand dollurs, with interest on tho same, at tho rate of six per cent pernnnuni, to le computed from the time when said first mentioned sum of five hundred thousand dollars shall have been paid by said company lo the siate, said sum of one millón íive hundred thousand dollars and inerest thercon, to be paid at the State freasury in the munner prescribed forthe payment of the aforcsnid suin of fivc hundred thousund dollars : Provided, That of súid sum of fifteen hundred tliousand dollars, tho said company shnll pay in cash, n sum equal to six per cent on all the bonds mentioned in thofourth section f this act as firstclass, which shall Uien emain outstanding, and which shall not mve been pnid into the state, as hcreinfter provided by said company, or in the coupons of said outstandmg bonds falling duo tho iirst day of Jnnuary, nnd the first day of July, oighteen iiundred and forlyseven, then, and iinmediately lhereufter, all the right, tiüe and interest of the statu to the Central rnilroad and all its appurlenances, includüig all macliioe shops, depots and otlier buildings nnd slock'upon the said rond, of wliaiever name or kind, and all land and estates, oresi in mna, unu ngnts ot way which the slate has or may huve ucquired in connection with said rail roud, and tor tho purposes thereof, and which it may hiwfully convoy, (save as aforesuid,) shal! then and thereufter vest in and become the property of said compuny; but .such interet ín laudsshall not extend to or inelude any lands granted lo the stute by the government ot" the United Statea fo purposes of huemul impruvcment: Pro vided, Thut nolhing in ihis section con tainedshall be construed as rendering (Ii state Jiable for any defect or i'ailure o title in and to the property granted, o any part thereof. Sec. 3. In case said company shall nol within six momhs afier tho passage of this act j)ay into the state treasury tho sum of hve hundr&d thousand dollars in inanner provided in the last precsding section, then and in such case said Michigan Central Ruil roud Company herebv incorporaled, shall inimediutely be and become dissolved, and shall thenceforward neilher have nor exerciso any of the rights, privileges or immunilies of a body eorporute or politie for any purpose whatsoever; and in case the coinpáay shall pay into the state troasury in tmuiner a for esa id within six months alter lhe passage of this act, the sum of five hundred thousand dollars, but shall fuil to pay into the state treasury within one year afier such payment ot' five hundred thousund dollars, tlie iurther sum of one million anti iivo hundred thousand dollars, with interest on the saine al the rate of six per cent per annuin, to be computed from the time when said first menlioned sum of Jive hundred thousand dollurs shall have been paid; then and in such cuse the said iive hundred thousand dollars so paid shali be and become absolulely forfehed to lhe state; und all property and eslute whtitever name or kind, which said company shall be seiaed or possessod of or enii'Jed to, shall immediulely become forfeiled to and vest in tho.state to au ïntents ana purposes; and the state may immetlialely thereafter take possession of the same, and all corpornie i'ranchises hereby grnnted aliull then and iherealter beconie und be nuli and wholly revoked; and in case the said sum 'óf onc million and five hundred thousnnd dollars and interest to be computed as afuresaid, shall nut be paid as afoiesnid within one year after the payment oï the h've huudred thousand dollars as nforesaid, then the state ireasurer slnill certily to the fact of such payment, and upon such certifícate any justice of the suprema court may niake an order thot any writ or wriia of execution bhall issue from the supreme court in which the state shall be named as plaintift", and said Michigan Central Railroad Company ns defendant, and which writ or wrils may be direcled to any sherifTor sheriffs,oner or coroners, vvithin this state; and the said certifícale wiih said order ciidorsed being iiled in the office of the clerk of thesupreme court in any circuit the said order shall have the effect of a judgtnent of said court, and thereupon one or more wrilï of hobere lacias posbessionem or oiher writs of execution muy be issued undorlhe direction of the attorney general into any county or couniios of this stale, nnd niay be trnide returnabie into snid court in the discretion of the attorney general eithoi ín term time or vacat!on; and alias and pluríes wrils may be issued, directed to the sherirJs or coroners of the same or different counties from antecedent writor writs. And it shall be competent for the supreme court or any juanee thereof, upon application of Ifié atiorney genera), to prescribe the formé and conti-uts of any such writ or vvrils to be isued under this section; and any writ of habere lacias posbossionem to be issued under this section miy command ihe.-heriif orcoroner to whtírtl the saine nmy be directed, that he cause the state (o have possesbion of the Central Kailroud, or uny pon on thereof, or of any Kailroad uhich ma have been constructed or used by su.'d company, or any portion thereof, and of the respective appurtenances thereunto' belonging, incluuing all lauds, rights of way, tcnements, depots, carhouse.s, machine shops and oiher slruciiiros and ei!ifices connecled whh said railroad or ruilroade, or any portion or portions of the■--■■■ ■■■■ kwi ■RM#iuawj(KHniMmHmEff9v sanie, and all stock of such roadr road9 or anv portion thereof, incltuling cars,1 locomotives and tenders, and the fufniture of said road or ronds, or any purtion thereof; and tlie suprcme court, upon application ot the state by the attorney general, may mnke nny rule or rules, order or orders, which it may doem cx'pedienjt the bettei to carry out and give effect to the intent of tlih bection. Sec. '1. In any payment of purcliase' money lo be made tq the state bv or from said conipany, tho s!iUg treasurér is hereby authorized and direcfed to receivé, and the said companv tyjay at its option, pny, exceptas hereinbefore provided, the whole or any portion in lawlul inoney of the United States, orin either of tho'following classes of state indebtedness, to wit : First. The bonds apecified in tlie (Irsf section of nn act entuled on net to liquidato tho public debt and to provide lor tho payment of interest therron, approved March eighth, cighteen hundredand forty-thies, and the interest bonds issued' for unpnid interest on said bonds up to' Ju!y first, eighteen hundred andfive, ni Ihc sunis ment'ioned in said bonete respectively, wiih the interest doe and unpnjd thoreon at tho limo of tlie payment of the same into tho treasury r Second. Tho fhrê'e rnillion eight huncirecl and thirtoon thousanddolíars of five million lonn and oiher bonds ddivered to the United States Bank and Morris Canal nnd Banking company, and rcferrod" to in the prenmble lo the sixth seclion of the above mcntioned ad, at tho rate of four hundred and throe dollars and oighty-cight cents on ench one thousnnd dollars of said bonds for principal und inlef-r est duo tbereon on the lst day of Junua' ry, 1B4G, nnd ndciing for subsequent in- terest at the rato of si.v per cent per nrf num on threo hundred aid two dollars and sevent3'-three cents for each thou sand dollurs of said bonds: Provided, The coupons since July eighteen hundrerf and forty-one, shall remain attacíied thereto : Thirdly. The stock issued in hehalf of' the Palmero and Jacksonburgh Rail rond Company, with the interest du und unpaid thcreon : Fourthly. All warrants or otherdences of stnto indebtedness, duo or past due, not comprehended n the previouff proviaions of this section, except vvarrants druwn on the conimissioner of the state land office, made pnynblo in lahdy only. Sec. 5 The Michgnn Cantrnl Unürond Compnny sliall havo full power and nullioriry to locuc, and front tin)3to [ime,to aller, chnu and ro-locaio, construct ntui re-construct, and fully o finish, perect and mnititmn a roilroad, witli onc or more irücks: Providod, thot naiil Cornimly shall not fe-locato ony pjprtion of said railrond. 10 Ji9 lo clinngc tiiutotiiilly the route (ltráoi, altor tlio heavy rail, liereinnficr provided for lm been placed therson. Irom ?omo auimbla pointj not moro ihan z thousind ícot distnnt froni dio terminntion ol Woodward Avenue, on (ho D:troit lliver, in the city of Detroit, to pnss through the villageaor towns oí Y psüanü , Ann Arhor,Doxier, JaeUsun, Marshall. Battle Citek, Knnmozoo. to eonie poinl in ihc Staieol' ftliclii.in, on or nenr Lakt) Michigan, wliich elnll bo acecsble to ateninboois ni.viuuimu' w'ld l;ike, nn(í Jiencc lo soiiie point on tho soiuhcrn ixmnJary ino of the state ol 'AJicIiiyun, and to lïttUQorti akc ond c.irry proprriy orui pcrsitns upon naitl ailroad or w.i' . by p )Wi;r ftnd fitree of slenm,3r of any mechnnical or otla-r pow ors, or miy :otn if.-i'.ion of ihtni which enid conifiatty rnay chooso lo uso or apply. And for the purpose of Crtnstructiug snid railro.nd or way, enid rompany shall hnve nuiiioiity iind power to Ity out, desin.ite and estanlish thcir rood in wiifth pul enc one hundrcd mul (ilty Ic-.-t, liirui.u'i i,,i en' tire line thereof ; am! inoy tikc. havu and r.pj priatfi 10 thoii use II such lauda so dvaigrtíted fjr the lino or consintction ofaArd rpodj tipon first paying or teudcring ihcrc'ur aucb amuuuc .f damage hs slinll havo beon soiiled by apprnitófj in tlio mamier herein it'n-r providf.il, on all am-h Iands-13 mny bc t.iken u-ee-tivardly froui ih vil. lago of Kalfimnzoo, or upou arjy ncw trnck whicfi mny bo locaied by snij Cornpnny; mul fof ihu iMirposo of cutiings and ombnnknienis, alid for t!ic obtnining of tonc, s.iml and gravel, inay toke and nppropriaie as nuich moro of land a ni.iy te nccessary for the pro;j r tonëtruciion au curiiy of said road, nud lor cutisiruciing shops, dopoip, und otlicr pruptr, sKimble and cönvenjeni xturet i n conncciion with, and ad oppurtennnces to s lid riiilroad, may tnk, liave, uso and occnpy any Ijii.Is on ciilier aide of eaid rnilroad ot sxcocdinx two hundred fcel in dcptti from lid fnlroaH. thft eaid coinpniiy taking all sucli ands os L':fs or purchnsing or rn'iKing tv.ti'.ncon lor i lic eame in iDauner lieromafior providod. ind m r;iilroiid or rnüronds frorn the ea (cm or luihern bonndftry of tlic nimc, fholl be buifr nelf ucied or tnuintHincd, or nhnll bo aiiihorized ibe built, consiructe'l or mointained by or under nny Ibv of this Bintc, nny ijrt,ou pf wliich 3!i;.il (.pproiich wcsiw.nd'y o! Wnyno county. widiin fivo miles t :hn lino of said rnilrood dflsignaied m tiis nel, without the oóntèm f siid compiny; nor shnll nny rnüroad or railionfirf beso aufliorizcl or constructcd, whiuli 3!;a!l commence withio twenty mi)ca of ihe ciiy of Doiroit, and extrrx! to Lakn Mit-hignn, or iïv souihern boundiiry line óf the einle, and the line of whicli sha)l, .p. ra nvèroce, run wiihiu twenty miles of ihe rnain line of said Michigan Central ilailiofid: Providcd, thnt nothinf,' hereiö contuined èli'ill ! eonstrlród t p'rCcItrda or preveui the conijtróetion of thö Souihern Rinlroud fro'm Lnke lOrio to LnUc Michigan, or ihe thcrefor, héictoforo fèiignsfcd by the laws of this átate, or ar.y where furiher southwnrd than saitf line: And pnnided also, ihat thia sceiion chai! n t hc coiuirucd to resirict or prevent ilu. coh'stniriinn of public ron's or nnalf, or railroads or priviitc ways, under. nbove or ncro?a lh road ol said compHny, wh'eii dcémcd cxpdipnt, lni po' as not unnecesaarily to oliéiruct ;he snrn". Bnt the aid Michigan Central Roilrond Company s'nli bc. nnd are hcroby rqnirod to r!x 'he cniitorn terminus nnd depot of ihcir roid wifhin tho limit of ihe city oí Detroit: Fravidéd tho id oity ilia!l furnish to the Conpany without cl)arg or coM to id compeny the nght of pay upon