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drawn against and payable in internal improvement lands, which said warrants shall be received at the state land office in payment for any such land not otherwise appropriated: Provided, That nothing herein contained shall authorize the Commissioner of the State Land Office to sell any of said lands at a price less than that now established by law, or in a less quantity in any one certificate than forty acres.

Compensa

and audit and allow

ance of his

account.

Sec. 6. Said commissioner shall proceed in the outlay of the appropriation made by this act with all the diligence and dispatch that shall tion of com'r be compatible with proper economy and the best interest of the state, and shall receive for his services a sum not exceeding two dollars per day for the time necessarily employed by him in the discharge of the duties devolved upon him by virtue of this act, payable pro rata from said appropriation hereinbefore made, and shall render to the Auditor General an account of all services by him thus rendered, verified by his oath.

Sec. 7. This act shall take effect and be in force from and after its passage.

Approved March 31, 1848.

No. 161.

AN ACT to authorize Daniel S. Lee, Charles P. Bush and John Thomas to erect and maintain a dam across the Grand River in the county of Ingham.

Dam acros8

authorized.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That it shall be lawful for Daniel S. Grand River Lee, Charles P. Bush and John Thomas, 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 Grand River on sections twenty or twenty-one, in township four north of range two west, in Ingham county.

of dam, lock,

Sec. 2. The owners or occupant of said dam shall construct a good Description and convenient lock, at least eighty feet long and eighteen feet wide, &c. for the passage of all boats, barges, rafts or other water craft that may navigate said river, and shall be so constructed as to receive such boats and other water craft in slack water of sufficient depth below said dam, and to pass them to slack water of sufficient depth above said dam, for

Duties of owners or

all the purposes of the navigation of said river at all times, whenever the circuit or county court shall order the same to be done, upon good cause shown: Provided, That at the time of the construction of said dam there shall be constructed therein or thereat a convenient shute or slide for the passage of all craft navigating said river.

Sec. 3. It shall be the duty of the owners of said dam at all times to occupants keep said lock in repair, and to pass any water craft through the dam, free of tolls and without unnecessary delay; and any person who shall be detained shall be entitled to recover of the said owners double the amount for the damages which he shall prove he has sustained by such detention, before any court of competent jurisdiction, with costs of suit.

dam. &c.

Sec. 4. Any person who shall destroy or otherwise injure said dam, shall be deemed to have committed a trespass on the owner or Trespass on owners thereof, aud shall be liable accordingly; but nothing in this act contained shall be construed to affect the rights of individuals whose property may be injured by reason of the erection or continuing said dam; and this act may be amended or repealed at any time by the legis lature.

Sec. 5. This act shall take effect and be in force from and after its passage.

Approved March 31, 1848.

Certain mi nors may convey.

No. 162.

AN ACT to authorize the minor heirs of Sophia Howell, late of Hillsdale county deceased, to convey certain real estate.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Elisabeth G. Howell, William Howell, Sophia E. Howell and Mary A. Howell, infant children under the age of twenty-one years each of Sophia Howell, late of Hillsdale county deceased. are hereby authorized and empowered, under the direction and approval of the judge of probate of Hillsdale county or the presiding judge of the circuit court of said county, which approval shall be endorsed and signed by him on the instrument of conveyance, to convey all the right, title, interest and claim of said infant children, upon such terms and for such consideration, to be paid, se

cured, or invested to them and each of them and for their benefit, as to such judge of probate or presiding judge of the said circuit court shall seem just and equitable, to Caroline Olds of said county of Hillsdale, in and to "the south-east quarter of the north-east quarter of section number thirty-four, and the west half of the south-west quarter of the north-west quarter of section number thirty-five, township five south of range three west, in the county of Hillsdale, containing together sixty acres ;" which conveyance, when so made agreeably to the provisions of this act, by themselves, or by such guardian as shall be appointed for them or either of them for that purpose by the said judge of probate or presiding judge of said circuit court, shall be valid in law to convey all the title and interest of the said Elisabeth G. Howell, William Howell, Sophia E. Howell and Mary A. Howell in said premises to the said Caroline Olds.

Sec. 2. Such conveyance, when so made, may be recorded by the register of deeds of Hillsdale county, as other deeds executed agreeably to the provisions of existing laws.

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

Approved March 31, 1848.

No. 163.

AN ACT to empower the judge of probate of the county of Berrien to authorize the sale of certain real estate.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the judge of probate of the county of Berrien may, in his discretion, authorize and empower John Orr, administrator of the estate of Henry Blondeel deceased, to sell and convey by deed the following described real estate of said deceased, to wit: lot number fourteen (14) in Green and Hoffman's addition to the village of Niles, lying in said county of Berrien : Provided, The said judge of probate is satisfied that it is for the interest of all persons interested in said lot to sell the same.

Sec. 2. The said administrator shall, before selling said real estate, take the oath and give the bond now by law required of administrators, on selling real estate of deceased persons.

Sec. 3. The sale to be made by auction, for cash, after giving two weeks public notice, and the money arising from the sale to be loaned on bond and mortgage upon unincumbered real property, worth three times the sum loaned, at interest, by said John Orr; the bond and mortgage to be taken in his name as trustee for the heirs of said Henry Blondeel, deceased.

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

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Certificate

of filing of

and bonds to

sec. of state.

AN ACT relative to the filing of oaths of office, and bonds of civil

officers, &c.

Section 1. Be it enacted by the Senate and House of Representacertain oaths tives of the State of Michigan, That when any civil officer appointed be filed with by the Governor or Senate, or by the Governor with the advice and consent of the Senate of this state, is required by law to give bond and to file the same with any other officer than the Secretary of State, he shall procure the certificate of such officer that such bond has been duly filed with him, and file the same with the Secretary of State.

Time for filing oath and bond,

Sec. 2. When any such officer is required by law to give bond for the faithful performance of the duties of his office, and no provision is made by law for filing the same with any particular officer, such bond shall be filed with the Secretary of State.

Sec. 3. Every such officer, except where otherwise directed by law, shall file his oath of office and certificate or bond aforesaid, as the case may be, within sixty days from the receiving of his commission or appointment; and in default thereof, such commission or appointment shall be null and void: Provided, That officers appointed in and for the counties of Mackinaw, Chippewa, Schoolcraft, Houghton, Ontonagon and Marquette, shall file their oaths, certificates and bonds provided, as herein within ninety days from their appointment or commission.

Approved April 1, 1848.

No. 165.

AN ACT to provide for laying out and establishing certain state

roads.

ap

Commissio

out road

Michigan.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Joseph B. Bloss, Peter Miller ners to lay and Sedgwick P. Stedman be and they are hereby authorized and from Flint to pointed commissioners to lay out and establish a state road from the village of Flint in the county of Genesee, via. Miller Settlement, Shiawasseetown and Hartwellville, to Michigan in the county of Ingham.

Sec. 2. That Charles P. Bush, Orrin Sharpe and Daniel Cook be Lansing to and they are hereby authorized and appointed commissioners to lay Tompkins. out and establish a state road, commencing at a point at or near the south quarter post of section sixteen in the town of Lansing, county of Ingham, on the most eligible route through the towns of Lansing, Delhi, Aurelius and Onondaga, to the base line, and from thence to the village of Tompkins in the county of Jackson.

Sec. 3. That Joseph Harris, John P. C. Riggs and Corydon Lee be and they are hereby authorized and appointed commissioners to lay out and establish a state road from the village of Fentonville in the county of Genesee, to Byron in the county of Shiawassee, by the way of the village of Linden, on the most eligible route.

Fentonville to Byron.

Mill Point to

Sec. 4. That there shall be laid out and established a road in the counties of Ottawa and Kent, commencing at Mill Point (so called) in Gr'd Rapids. the township of Norton in the county of Ottawa, and running thence eastwardly on the north side of Grand River to Grand Rapids in the county of Kent, and William M. Ferry, of Grand Haven, and Israel V. Harris, of Polkton, Ottawa county, and George L. Norton, of Walker, Kent county, are hereby appointed commissioners to lay out and establish said road, and are vested with full powers for said purpose.

Sec. 5. The expense of laying out said roads shall in no way be State not liachargeable to the state of Michigan.

ble for expense.

Duties of

Sec. 6. It shall be the duty of the commissioners appointed by this act to lay out and establish the several roads, to cause a map to be com'rs. made of so much of the same as shall be laid through each township, with the courses and distances plainly designated thereon, which shall be certified by them, or a majority of them, and recorded in the office of the township clerk of the township through which it shall run.

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