"Sec. 4. Whenever any ten or more freeholders, residents in any township, shall wish to have a highway in such township laid out, altered, or discontinued, they may, by writing under their hands, make application to the commissioners of highways of the township for that purpose, who shall proceed to lay out, alter or discontinue any such highway, whenever in their judgment the public good will be promoted thereby Provided, however, when said commissioners shall have once decided against the laying out, altering or discontinuing any highway, no second application for the same object shall be entertained by them for the space of one year from the time of making the first application."

Sec. 2. This act shall take effect and be in force from and after its passage..

Approved March 18, 1848.

No. 89.

Duties of co.

Barry co'nty

AN ACT to refund certain highway moneys in the county of Barry.

Section 1. Be it enacted by the Senate and House of Representatreasurer of lives of the State of Michigan, That the treasurer of the county of Barry is hereby authorized and required to transfer to the credit of the several townships, viz: Johnstown, Rutland, Irving and Thornap ple, of said county, the unexpended balance of moneys placed to the credit of Albert E. Bull, special commissioner, appointed by the act entitled an act to lay out, establish and provide for the construction of a state road from the village of Battle Creek, through the village of Hastings, to intersect the Grand River and Kalamazoo road, to lay out and expend certain non-resident highway taxes on state road mentioned in said act.

Special commissioner appointed.

Powers and duties of such com'r.

Sec. 2. The said special commissioner is hereby required to pay over to the county treasurer of said county all moneys by him receiv ed as special commissioner, on account of the several aforementioned townships, which remain unexpended, and the county treasurer is hereby required to credit the same to the several townships to which i respectively belongs: and in case the special commissioner aforesaid shall neglect or refuse to pay over all moneys, if any in his hands, be. longing to said fund, then it shall be the duty of said county treasurer,

in his own name, to sue for and recover the same, with costs of suit, before any court having competent jurisdiction.

Sec. 3. And it shall further be the duty of said county treasurer, to pay the township treasurer of the several townships, as contemplated by this act, all such moneys as shall be placed to their credit, respectively, to be appropriated and expended by the highway commissioners, in the same manner as other non-resident highway taxes are directed by law to be expended.

Sec. 4. The law requiring the collection and return of non-resident highway taxes, in the act entitled an act to lay out and establish and provide for the construction of a state road from the village of Battle Creek, through the village of Hastings, to intersect the Grand River and Kalamazoo road, so far as regards the townships aforesaid, be and the same is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its passage.

Approved March 18, 1848.

Duties of co.

treasurer.

Act a nend'd.

No. 90.

AN ACT to establish a state road from the village of Lexington, in the county of St. Clair, to the eastern boundary of the county of Lapeer.

Com'rs to

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Clark M. Mills, James L. Smith lay out road. and Randal E. Davis, of the county of St. Clair, be and they are hereby appointed commissioners to lay out and establish a state road from the village of Lexington, in the county of St. Clair, to the eastern boundary line of the county of Lapeer, upon the most direct and feasible route.

veys.

Sec. 2. The commissioners named in this act shall file the surveys To file surof so much of the above mentioned road, in the office of the township clerk of each township through which said road shall pass as shall be laid out in such township; and it is hereby made the duty of the township clerks in the said townships, to record the surveys of said road in the same manner that the surveys of township roads are directed by law to be recorded.

State not lia ble for ex

ponte.

Sec. 3. The state shall in no case be chargeable with the expense of laying out and establishing said road, and in case the said road shall not be surveyed and recorded as herein provided, within two years from the passage of this act, the provisions contained in this act shall

be void.

Approved March 18, 1848.

No. 91.

AN ACT to vacate an alley in the village of Albion, Calhoun county.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the alley in block thirty-four, in the the village of Albion, in the county of Calhoun, be and the same is hereby vacated.

Sec. 2. This act shall take effect and be in force from and after its passage.

Approved March 20, 1848.

Tized.

No. 92.

AN ACT to authorize F. G. Hubinger and A. Cramer to erect and maintain a Dam across the Cass River, in the County of Saginaw.

Section 1. Be it enacted by the Senate and House of RepresentaDana autho- tives of the State of Michigan, That it shall be lawful for F. G. Hubinger and A. Cramer, their heirs and assigns, and they are hereby authorized to erect and maintain a dam not exceeding eight feet in height above common low water mark across the Cass river on section twenty-seven, in town eleven north, of range six east, in Saginaw county.

Owner to construct lock, &c.

Trespass on

Sec. 2. The owner or occupant of said dam shall construct therein or thereat, a convenient lock, at least eight feet in length and eighteen feet in width, for the safe passage of boats, canoes, rafts and other water craft, whenever the county court of said county shall order the same to be done upon good cause shown.

Sec. 3. Any person who shall destroy or otherwise injure said dam, shall be deemed to have committed a trespass on the owner or owners thereof, and shall be liable accordingly; but nothing in this act con

tained shall be construed to affect the rights of individuals who may be injured by reason of the erection or continuing said dam.

Sec. 4. This act shall take effect and be in force from and after its passage.

Approved March 20, 1848.

No. 93.

AN ACT to amend section twenty-three, chapter fifty-eight of the revised statutes of eighteen hundred and forty-six.

Section 1. Be it enacted by the Senate and House of Representaxes of the State of Michigan, That section twenty-three of chapter fifty-eight of the revised statutes, be amended by inserting in line eight of said section, between the words "of" and "agricultural," the following words, viz: "astronomy, natural philosophy, and." Approved March 20, 1848.

No. 94.

AN ACT to improve the main traveled road from Hastings, in Barry county, to Battle Creek.

appropriate.

Section 1. Be it enacted by the Senate and House of Representa- 2000 acres tives of the State of Michigan, That two thousand acres of internal int implan improvement land be and the same are hereby appropriated for the purpose of improving that part of the main traveled road leading from Hastings in Barry county, to Battle Creek in Calhoun county, which lies in the county of Barry: Provided, That the right of way to the public shall first be obtained.

Special com

Sec. 2. For the purpose of carrying the provisions of this act into effect, the Governor of the state is hereby authorized to appoint a spe- missioner. cial commissioner, who may make a selection of the lands herein appropriated, and report such selection to the Commissioner of the State Land Office, who shall thereupon reserve the same from sale, issuing no certificate for any tract or parcel thereof, except upon due order of the special commissioner: Provided, That the said special commissioner shall first take and subscribe the constitutional oath

Powers of com'r.

Contractors

of office, and shall file a bond, with sureties, to be approved by the Auditor General, conditioned for the faithful discharge of his duties as such special commissioner: Provided, also, That said commissioner shall receive no pay or compensation for selecting said lands.

Sec. 3. The said special commissioner shall, in virtue of his appointment, have the control and management of the improvement of the road specified in this act, and shall have power to let out by contract the building of any bridges on the said road, and working the same, to the lowest bidder, who shall execute and deliver to said special commissioner a good and sufficient bond, with sureties to be approved by him, and conditioned for the due and faithful performance of the work stipulated in the said contract: Provided, That before the letting, the said commissioner shall advertise for proposals for the constructing any such bridges as may be necessary on the line of said road, and the opening and working of said road, in separate sections, describing the same, by posting up notices in three of the most public places in each of the townships through which such road passes, for at least three weeks previous to the letting of said contracts. Sec. 4. Whenever any contractor, under the preceding section of and work- this act, shall have finished his job according to the terms and specifications of his contract, and the same shall have been accepted by the said special commissioner, or any service shall have been rendered under the provisions of this act, it shall be the duty of said commissioner to pay said contractor, according to the terms of his contract, or for any such service, by his order drawn on the Commissioner of the State Land Office, payable in lands only, which order shall be received at the land office in payment for any lands selected and reserved from sale by the second section of this act: Provided, That nothing herein contained shall authorize the Commissioner of the State Land Office to sell any of said land at a less price than that now established by law for the sale of the internal improvement lands, or a less quantity, in any one certificate of sale, than the usual legal subdivision of said lands: Provided, That said commissioner shall not be authorized to draw warrants for any more lands than are appropriated by this act.

men, how

paid.

Compensa

Sec. 5. Such special commissioner shall proceed in the outlay of ial com'r, his the appropriation made by this act, with all the diligence and dispatch

tion of spec