IBRA OF THE ERSITY OF MICH GENERAL PROVISIONS. 213 TITLE X. CHAPTER 55. recover penal SEC. 14. Any person who may have purchased, or shall hereafter purchase under the provisions of this chapter, the franchise of any turnpike or other corporation, and the assignees of such purchaser, Purchaser may may recover in an action on the case, any penalties imposed by law, reco for an injury to the franchise, or for any other cause, and which such corporation would have been entitled to recover during the time limited in the said purchase of the franchise; and during that time the corporation shall not be entitled to prosecute for such penalties. tion after sale of SEC. 15. The corporation whose franchise shall have been sold as Powers and duaforesaid, shall, in all other respects, retain the same powers, and be ties of corporabound to the discharge of the same duties, and liable to the same pen- franchise. alties and forfeitures, as before such sale. Franchise, how SEC. 16. Such corporation may, at any time within three months after such sale, redeem the franchise, by paying or tendering to the redeemed. purchaser thereof the sum that he shall have paid therefor, with ten per cent. interest thereon, but without any allowance for the toll which he may have received; and upon such payment or tender, the said franchise, and all the rights and privileges thereof, shall revert and belong to said corporation, as if no such sale had been made. recover SEC. 17. Whenever any damages may have been, or may hereafter How damages be assessed in favor of any person, for any injury sustained in his pro- may be tatover perty by the doings of any such turnpike or other corporation autho- ses. rized to receive toll or pay for the transportation of persons or property, and the said damages shall remain unpaid for the space of thirty days after such assessment, such person may have a warrant of distress against such corporation, for the damages assessed, together with interest thereon, and his reasonable costs, and the same proceeding shall be had thereon, and with the same effect, as upon an execution issued upon a judgment against such corporation. tion, &c., may SEC. 18. All the proceedings aforesaid respecting the levy of exe- Where proceedcutions and warrants of distress, may be had in any county in which ings on execu either the creditor, or the president, or any director, or the treasurer be had. or clerk of the corporation may reside, or in which such corporation has personal or real estate. forced in chan SEC. 19. When the officers or members of a corporation, or any of when contribu them, are liable for any debts of the corporation, or for any acts of tion may be ensuch officers or members, respecting the business of the corporation, cery. and also when any of the said officers or members shall be liable to contribute, for money paid by any other or others of them, on account of any such debts or acts, the money may be recovered by a bill in chancery; and the said court may make all such orders and decrees therein, as may be necessary to do justice between the parties. be, altered or re 1839, p. 218, § 11. SEC. 20. Every act of incorporation passed since the twentieth day what acts of inof April, in the year one thousand eight hundred and thirty-nine, or corporation may which shall be hereafter passed, shall, at any time, be subject to pealed. amendment, alteration or repeal, at the pleasure of the legislature: Provided, that no act of incorporation shall be repealed, unless for some violation of its charter or other default, when such charter shall contain an express provision limiting the duration of the same. SEC. 21. It shall be the duty of the clerk of every corporation within Returns to su this state, whose capital stock is or shall be subject to taxation for pervisors. county or township purposes, and if there be no such clerk, then of the directors of such corporation, annually, between the fifteenth day of March and the first day of April, to make returns in person or by TITLE X. CHAPTER 55. Forfeiture for neglect. Forfeiture for transferring shares fraudulently. Returns to state treasurer. Examination of corporations. mail, to the supervisor of each township, and the assessors of each ward or district in any city in this state, in which any shareholder in such corporation shall reside; which return shall state the name of each owner residing in such township or city, the number of shares belonging to each on the fifteenth day of March of that year, and the par value of such shares. SEC. 22. If any clerk or director mentioned in the preceding section, shall refuse or neglect to make such return, or shall wilfully make a false return, he shall forfeit the sum of fifty dollars. SEC. 23. If any shareholder shall fraudulently transfer any share in either of the corporations mentioned in the twenty-third (twentyfirst) section of this chapter, for the purpose of avoiding taxation, he shall forfeit a sum equal to one-half the par value of the shares so transferred. SEC. 24. The cashier of each bank, and the secretary or clerk of each incorporated railroad, canal or turnpike company shall, on the first Monday of October in each year, or within fifteen days previous thereto, make a return to the state treasurer, verified by his oath, stating the amount of capital stock of such bank or railroad, canal or turnpike company then actually paid in, and in default thereof, the whole capital stock mentioned in the act of incorporation of such bank or company shall, for the purpose of computing the state tax payable by such bank or company, be deemed to have been paid in. SEC. 25. It shall be the duty of the attorney general, whenever and banks and other as often as shall be required by the governor, to examine into the affairs and condition of any bank or banks, or other corporations in this state, and report such examination in writing, together with a detailed statement of facts, to the governor, who shall lay the same before the legislature; and for that purpose the said attorney general shall have power to administer all necessary oaths to the directors and officers of any such bank or other corporation, and to examine them on oath in relation to the affiairs and condition thereof, and to examine the vaults, books, papers and documents belonging to such bank, or pertaining to its affairs and condition; and the legislature, or either branch thereof shall have full power to examine into the affairs and condition of any bank or other corporation in this state, at all times; and for that purpose any committee appointed by the legislature, or either. branch thereof, shall have full power to administer all necessary oaths to the directors, officers and stockholders of such bank or other corporation, and to examine them on oath in relation to the affairs and condition thereof, and to examine the vaults, safes, books, papers and documents belonging to such corporation, or pertaining to its affairs and condition, and to compel the production of all keys, books, papers and documents, by summary process to be issued on application to any court of record, or any judge thereof, under such rules and regulations as the said court may prescribe. TITLE XI. CHAPTER 57, Regents to be a body corporate. SEC. 7. The regents appointed pursuant to the third section of this chapter, and their successors in office, shall constitute a body corporate, with the name and title of "The Regents of the University of Michigan," with the right, as such, of suing and being sued, of making and using a common seal, and altering the same at pleasure. SEC. 8. The regents shall have power, and it shall be their duty, Regents to onact to enact laws for the government of the university, to elect a chancel- laws. lor, and appoint the prescribed number of professors, and the requisite number of tutors; also to determine the amount of their respec tive salaries, and appoint a steward and fix the amount of his salary. SEC. 9. The university shall consist of three departments: 1. The department of literature, science and the arts: 2. The department of law: 3. The department of medicine. Departments. In the several departments there shall be established the following Professorships. professorships: In the department of literature, science and the arts; one of ancient languages, one of modern languages, one of rhetoric and oratory, one of philosophy of history and logic, one of philosophy of the human mind, one of moral philosophy, one of natural theology and history of all religions, one of political economy, one of mathematics, one of natural philosophy, one of chemistry, one of geology and mineralogy, one of botany and zoology, one of fine arts, one of civil engineering and drawing. In the department of law; one of international law, one of common law and equity, one of constitutional and statute law, one of commercial and maritime law, and one of jurisprudence. In the department of medicine; one of anatomy, one of surgery, one of pathology and physiology, one of practice of physic, one of obstetrics and the diseases of women and children, one of materia medica and pharmacy and medical jurisprudence: Provided, that in the first organization of the university, the regents shall so arrange the professorships as to appoint such a number only as the wants of the institution shall require, and to increase them from time to time as the income of the fund shall warrant, and the public interest demand: Provided always, that no new professorships shall be established without the consent of the legislature. SEC. 10. The immediate government of the several departments Government of shall be entrusted to their respective faculties; but the regents shall departments. have power to regulate the course of instruction, and prescribe, under the advice of the professorships, the books and authorities to be used in the several departments; and also to confer such degrees, and to grant such diplomas, as are usually conferred and granted by other universities. SEC. 11. The regents shall have power to remove any professor or Power to remove tutor, or other officers connected with the institution, when in their officers. judgment the interest of the university shall require it. Officers. SEC. 12. The board of regents shall appoint a secretary, librarian, and treasurer, who shall hold their offices during the pleasure of the board. The treasurer shall give such bonds as the regents may direct, for the faithful performance of the duties of his office, and shall keep a true and faithful account of all moneys received and paid out. Sec. 13. The fee of admission to the university shall never exceed Admission feeten dollars, and it shall be open to all persons resident in this state and who entitled to advantages of who may wish to avail themselves of its advantages, without charge institution. of tuition, under the regulations prescribed by the regents; and all 28 667859 OF THE LIBRARY CNIVERSITY OF TITLE XI. CHAPTER 57. upon the state treasurer in favor of the treasurer of the university, for the amount payable to the university, and shall also draw his warrant school fund au- upon said state treasurer, in favor of the treasurer of each county, ditor general to for the amount payable to such county. draw warrant upon state treasurer. SEC. 6. The said superintendent shall also send written notices to the clerks of the several counties, of the amount in the aggregate to Superintendent to send notice to be disbursed in their respective counties, and the amount payable to county clerks. the townships therein respectively, which notices shall be disposed of as directed in chapter fifty-eight. Salary of superintendent. Interest to be computed on certain sums paid into state treasury. 1845, p. 148. SEC. 7. The superintendent shall receive for his services the sum of five hundred dollars per annum, payable quarter yearly out of the state treasury. SEC. 8. Upon all sums paid into the state treasury on account of the principal of the university or primary school funds, except where other provision is or shall be made by law, the treasurer shall compute interest from the time of such payment, or from the time of the last computation of interest thereon, to the first Monday of April, in each and every year, and shall give credit therefor to the university or primary school interest fund, as the case may be, and such interest shall be paid out of the general fund. Name and style. Object. Regents, how appointed. How classed, and plied. CHAPTER 57. OF THE UNIVERSITY AND ITS BRANCHES. SECTION 1. There shall be established in this state an institution under the name and style of "The University of Michigan." SEC. 2. The object of the university shall be, to provide the inhabitants of this state with the means of acquiring a thorough knowledge of the various branches of literature, science and the arts. SEC. 3. The government of the university shall be vested in a board of regents, to consist of twelve members, who shall be nominated by the governor, and appointed by and with the advice and consent of the senate. SEC. 4. Classes numbered one, two, three and four, as determined vacancies sup by the board at its first meeting, shall hold their offices one, two, three and four years respectively, from the time of their appointment. From and after the first of January, one thousand eight hundred and thirty-eight, three shall be appointed annually to supply the vacancies made by the provisions of this section, and in the manner provided. for in the preceding section, who shall hold their offices four years respectively. bers-secretary. SEC. 5. The governor, lieutenant governor, judges of the supreme Ex-officio mem- Court and chancellor of the state, shall be ex-officio members of said board; a secretary shall be appointed by said board, whose duty it shall be to record all the proceedings of the board, and carefully preserve all its books and papers. Governor to be president. SEC. 6. The governor of this state shall be the president of the board of regents, and in his absence the board may appoint a president pro tem. TITLE XI. CHAPTER 57, SEC. 7. The regents appointed pursuant to the third section of this chapter, and their successors in office, shall constitute a body corporate, with the name and title of "The Regents of the University of Regents to be a Michigan," with the right, as such, of suing and being sued, of mabody corporate. king and using a common seal, and altering the same at pleasure. SEC. 8. The regents shall have power, and it shall be their duty, Regents to enact to enact laws for the government of the university, to elect a chancel- laws. lor, and appoint the prescribed number of professors, and the requisite number of tutors; also to determine the amount of their respective salaries, and appoint a steward and fix the amount of his salary. SEC. 9. The university shall consist of three departments: 1. The department of literature, science and the arts: 2. The department of law: 3. The department of medicine. In the several departments there shall be established the following professorships: In the department of literature, science and the arts; one of ancient languages, one of modern languages, one of rhetoric and oratory, one of philosophy of history and logic, one of philosophy of the human mind, one of moral philosophy, one of natural theology and history of all religions, one of political economy, one of mathematics, one of natural philosophy, one of chemistry, one of geology and mineralogy, one of botany and zoology, one of fine arts, one of civil engineering and drawing. In the department of law; one of international law, one of common law and equity, one of constitutional and statute law, one of commercial and maritime law, and one of jurisprudence. In the department of medicine; one of anatomy, one of surgery, one of pathology and physiology, one of practice of physic, one of obstetrics and the diseases of women and children, one of materia medica and pharmacy and medical jurisprudence: Provided, that in the first organization of the university, the regents shall so arrange the professorships as to appoint such a number only as the wants of the institution shall require, and to increase them from time to time as the income of the fund shall warrant, and the public interest demand: Provided always, that no new professorships shall be established without the consent of the legislature. Departments. Professorships. SEC. 10. The immediate government of the several departments Government of shall be entrusted to their respective faculties; but the regents shall departments. have power to regulate the course of instruction, and prescribe, under the advice of the professorships, the books and authorities to be used in the several departments; and also to confer such degrees, and to grant such diplomas, as are usually conferred and granted by other universities. SEC. 11. The regents shall have power to remove any professor or Power to remove tutor, or other officers connected with the institution, when in their officers. judgment the interest of the university shall require it. SEC. 12. The board of regents shall appoint a secretary, librarian, and treasurer, who shall hold their offices during the pleasure of the board. The treasurer shall give such bonds as the regents may direct, for the faithful performance of the duties of his office, and shall keep a true and faithful account of all moneys received and paid out. Officers. SEC. 13. The fee of admission to the university shall never exceed Admission feeten dollars, and it shall be open to all persons resident in this state and who entitled to advantages of who may wish to avail themselves of its advantages, without charge institution." of tuition, under the regulations prescribed by the regents; and all 28 LIBRARY OF THE ERSITY OF |