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The Plank Road Law - a Document

The Plank Road Law

Act No. 132 of 1850
An ACT to incorporate the Lansing and Howell Plank Road Company

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That James Seymour, Hiram H. Smith, Ephraim B. Danforth, George W. Lee and Frederick C. Whipple, be and they are hereby appointed commissioners, under the direction of a majority of whom subscriptions may be received to the capital stock of the Lansing and Howell Plank Road Company; and the subscribers thereto, with such other persons as they shall associate with them for that purpose, their successors and assigns, shall be and they are hereby created a body politic and corporate, by the name and style of the Lansing and Howell Plank Road Company, with corporate succession.

Section 2. Said company hereby created shall have power to layout, establish and construct a plank road, and all necessary buildings and appurtenances, commencing at Lansing, county of Ingham, and terminating in the village of Howell, county of Livingston, with the privilege of uniting said road at any point with the road of any other company.

Section 3. The capital stock of said company shall be sixty thousand dollars, divided into two thousand four hundred shares of twenty-five dollars each.

Section 4. As soon as said company shall be duly organized, the board of directors thereof are hereby authorized to enter upon and take possession of so much of the Detroit and Grand River road, so called, as lies between the village of Lansing and the village of Howell, and proceed to construct and maintain thereon a plank road: Provided, That during the construction of said plank road, the said company shall in no wise prevent or improperly obstruct the usual track thereon: Provided further, That nothing herein contained shall be construed as conveying any other or further right in the said Grand River road than the State as such possess: And provided further, That before the said company shall be entitled to the right of way on the Grand River road, the Detroit and Howell Plank Road Company shall file in the office of the Secretary of State, a notice that the said Detroit and Howell Plank Road Company have relinquished to the Lansing and Howell Plank Road Company the right of way on the Grand River road from Lansing to Howell; such notice to be signed by the president and secretary.

Section 5. The directors of said company may commute with any of the stockholders thereof for any instalments [sic] upon their stock, by allowing them instead of paying their subscriptions in money, to take contracts, on giving satisfactory security of the fulfillment of the same, by furnishing any part of the materials or executing any part of the construction of said road.

Section 6. The Detroit and Howell Plank Road Company are hereby authorized to sub scribe to the capital stock of the said Lansing and Howell Plank Road Company to an amount not exceeding fifteen thousand dollars.

Section 7. This act shall be and remain in force for the term of sixty years from and after its passage; but the Legislature may at any time alter, amend or repeal this act by a vote of two-thirds of each branch thereof; but such alteration, amendment or repeal shall not be made within thirty years from the passage of this act, unless it shall be made to appear to the Legislature that there has been a violation by the company of some of the provisions of this act; {Provided, That after said thirty years, no alteration or reduction of the tolls of said company shall be made during its existence, unless the yearly nett [sic] profits of said company, over and above all expenses, shall exceed ten per cent on the capital stock invested.

Section 8. The said company shall be subjected to the provisions of all general laws now in force relative to plank roads, and the same are made a part of this act, except so far as otherwise provided in this act.

Section 9. This act shall take effect and be in force from and after its passage.

Approved March 20, 1850.


SOURCE: Acts of the State Legislature of the State of Michigan, Passed at the Annual Session of 1850. Laws of Michigan. R.W. Ingals, State Printer, 1850.

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Updated 08/02/2010

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