to be sub stockhold charters or laws of organization, not inconsistent with the provisions of this act. Such agreement of the directors shall not be deemed to be Agreement the agreement of the said two or more corporations, until after it has mitted to been submitted to the stockholders of each of said corporations sepa-ers. rately, at a meeting thereof, to be called as aforesaid, and has been sanctioned by such stockholders, by the vote of a majority in interest of the stockholders present at such meeting, in persen or by proxy, and voting, each share of capital stock being entitled to one vote; and when such agreement of the directors has been so sanctioned by each of the meetings of the stockholders separately, after being submitted to such meetings in the manner above mentioned, then such agreement of the directors shall be deemed to be the agreement of the said two or more corporations. ment is com &c., the two to be merg Sec. 51. Upon making the agreement mentioned in the preceding wh'n agree section, in the manner required therein, and filing a duplicate or coun- pleted, filed, terpart thereof in the office of the Secretary of State, the said two or corporati'ns more corporations mentioned or referred to in the said section, shall be ed in one. merged in the new corporation provided for in such agreement, to be known by the corporate name therein mentioned, and the details of such agreement shall be carried into effect as provided therein. Rights and interests of corporation. Sec. 52. Upon the election of the first board of directors of the corporation created by said agreement, all and singular the rights and such new franchises of each and all of said two or more corporations, parties to such agreement, all and singular their rights and interests in and to every species of property and things in action, shall be deemed to be transferred to, and vested in such new corporation, without any other deed or transfer; and such new corporation shall hold and enjoy the same, together with all the right of way and all other rights of property, in the same manner, and to the same intent as if the said two or more corporations, parties to such agreement, should have continued to retain the title and transact the business of such corporations; and the titles and the real estate acquired by either of said two or more corporations shall not be deemed to revert or be impaired by means of anything in this act contained: Provided, That all rights of creditors, and all liens upon the property of either of said corporations, parties to said agreement, shall be, and hereby are, preserved unimpaired, and the respective corporations shall continue to exist, so far as may be necessary to enforce Rights of creditors. bilities, &c. Debts, lia- the same: And provided further, That all the debts, liabilities and duties of either company shall thenceforth attach to such new corporation, and be enforced against the same, to the same extent and in the same manner, as if such debts, liabilities and duties had been originally incurred by it. Companies Sec. 53. Whenever two railroad companies shall, for a portion of on construc- their respective lines, embrace the same location of line, they may, by may agree tion of road mon to both on line com- agreement, provide for the construction of so much of said line as is companies. common to both of them, by one of the companies, and for the manner and terms upon which the business thereon shall be performed. Upon the making of such agreement, the company that is not to construct the part of the line which is common to both, may alter and amend its articles of association so as to terminate at the point of intersection, and may reduce its capital to a sum not less than ten thousand dollars for each mile of the road proposed to be constructed in such amended articles of association. Nothing in this act shall be construed to release any chartered company from building any line of road which by its charter it is obligated to build, or to transfer to any other company, by virtue of this section, or any agreement made in pursuance thereof, such obligation. Not to re lease char tered com pany, &c. When death Sec. 54. Whenever the death of a person shall be caused by wrongcaused by ful act, neglect or default of any railroad company or its agents, and the neglect of, company to be liable for act, neglect or default is such as would (if death had not ensued) entitle damages. the party injured to maintain an action and recover damages, in respect thereof, then, and in every such case, the railroad corporation which would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony. Action to be name of per Sec. 55. Every such action shall be brought by and in the names of brought in the personal representatives of such deceased person, and the amount sonal repre- recovered in any such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate; and in any such action the jury may give such amount of damages as they shall deem a fair and just compensation, not exceeding five thousand dollars, with reference to the pecuniary injuries resulting from such death to the wife and next of kin of such deceased person: Provided, That any such action shall be commenced within two years Limitation of the death of such person; but nothing herein contained shall affect any suit or proceedings heretofore commenced and now pending in any of the courts of this State. of action. stock, &c. Sec. 56. If any president, secretary or other officer of any railroad Punishment for issuing corporation within this State shall wilfully, and with intent to defraud fraudulent said corporation or any other person, make, sign, issue, sell, or offer to sell any false or fraudulent stock or other evidence of debt of said corporation, he shall be deemed guilty of felony, and shall be punished by imprisonment in the State Prison at hard labor, not less than three years. of employ lating rules. Sec. 57. Any conductor, engineer, servant or other employee of Punishment any railroad corporation, who shall wilfully violate any of the written ees for vioor printed rules thereof in relation to the running of cars or train for the transportation of persons or property, shall be subject to a fine of not less than twenty-five nor more than one hundred dollars, or to imprisonment in the county jail not more than six months. of persons track, &c. Sec. 58. If any person shall, by the placing of any impediment Punishment upon the track of any railroad, or by any other means whatsoever, obstructing throw from said track any engine or cars used thereon, or attempt so to do, whether such engine or cars be thrown from said track or not, or shall by any other means whatsoever, wilfully endanger or attempt to endanger the lives of persons engaged in the work of said road, or persons traveling on the engine or cars of said road, he shall be subject to imprisonment in the State Prison during his natural life, or any number of years, at the discretion of the court. Check, to be baggage. Sec. 59. A check shall be fixed to every parcel of baggage when taken for transportation by the agent or servant of such corporation, if there to is a handle, loop, or fixture so that the same can be attached upon the parcel of baggage so offered for transportation, and a duplicate thereof Duplicate to given to the passenger or person delivering the same on his behalf; and if such check be refused on demand, the corporation shall pay to such pas-" senger the sum of ten dollars, to be recovered in a civil action; and further, no fare or toll shall be collected or received from such passenger; be given to person owning baggage. Unclaimed freight, bag how dis posed of. Notice to contain a description. and if such passenger shall have paid his fare, the same shall be refunded by the conductor in charge of the train; and on producing said check, if his baggage shall not be delivered to him, he may himself be a witness in any suit brought by him to prove the contents and value of such baggage. Sec. 60. Every railroad company which shall have had unclaimed gage, &c., freight not perishable, or unclaimed baggage in its possession, for a period of one year at least, may proceed to sell the same at public auction, and out of the proceeds may retain the charges of transportation and storage of such freight, and the expenses of advertising and sale thereof; but no such sale shall be made until the expiration of six weeks from the first publication of notice of such sale in at least one newspaper published in the city of Detroit, and also in one newspaper published at or nearest the place where such freight or baggage was directed to be left, and also at the place where such sale is to take place; and said notice shall contain a description of such freight or baggage, the place at which and the time when the same was left, as near as may be, together with the name of the owner or person to whom consigned, if known; and the expenses incurred for advertising shall be a lien upon such freight in a rateable proportion, according to the value of each article, package or parcel, if more than one; in case such unclaimed freight shall be in its nature perishable, then the same may be sold as soon as may be, on giving the notice required in this section, after its receipt at To make an the place where it was directed to be left. Such railroad company shall balance; make an entry of the balance of the proceeds of the sale, if any, of each parcel of freight owned by or consigned to the same person, as near as can be ascertained, and at any time within five years thereafter shall refund any surplus so retained, to the owner of such freight or baggage, his or her heirs or assigns, on satisfactory proof of such ownership. entry of the how dis posed of. Full stop before crossing other railroads. Sec. 61. Every passenger, freight, or other train of cars running upon any railroad, shall come to a full stop before crossing any other railroad built or constructed upon the same grade; and every engineer, conductor, or other person having charge or control of such train of cars, who shall offend against the provisions of this section, shall forfeit for each of fence the sum of one hundred dollars, to be recovered by action of debt; and any railroad company who shall, by their rules and regulations for running trains of cars upon such railroad, require any passen ger, freight, or other train to cross any other railroad built or construct- in forming trains. Sec. 62. In forming a passenger train upon any railroad organized Prohibition under the provisions of this act, baggage, freight, merchandise or lum-passenger ber cars, shall not be placed in rear of the passenger cars; and if they, or any of them, shall be so placed, the officer or agent who so directed or knowingly suffered such arrangement, shall be deemed guilty of a misdemeanor, and be punished accordingly. pealed. Sec. 63. All acts the subjects of which are herein re-enacted, or Acts rewhich contravene or are inconsistent with the terms and intention of this act, are hereby repealed. Sec. 64. This act shall take effect immediately. Approved February 12, 1855. [No. 83. ] AN ACT to organize the township of Goodland, in the county of La peer. township SECTION 1. The People of the State of Michigan enact, That Goodland township eight north, of range twelve east, in the county of Lapeer, be organised, and the same is hereby set off from township seven north, of range twelve east, and organized into a separate township by the name of Goodland, and the first township meeting shall be held at the new house of Calvin C. Lyman, in said township. This act shall take effect immediately. [ No. 84. ] AN ACT to amend section four of an act to authorize the county of Saginaw to loan its bonds to aid in the construction of a plank road, approved February 14, 1853. No. 85, of amended. SECTION 1. The People of the State of Michigan enact, That sec- Sea. 4 of not tion four of "an act to authorize the county of Saginaw to loan its bonds 1858, to aid in the construction of a plank road," approved February fourteenth, eighteen hundred and fifty-three, be so amended as to read as follows: |