tion to be endorse his approval thereon, and cause it to be filed in the office of the Proclama Secretary of State, and the Executive shall cause a proclamation to be published. made establishing a seat of justice in said county of Mecosta, agreeable to the report of the commissioners so made and accepted, and such proclamation he shall cause to be published in two papers printed in the State of Michigan: Provided, That if, in his opinion, any thing tending to impeach the fairness of the proceedings on the part of the commissioners shall be communicated to the Executive, he shall not approve of said location, but shall report the whole proceeding to the next Legislature, to be disposed of as said Legislature may deem expedient. Proviso. Compensation of com By whom paid. Sec. 3. The said commissioners shall be allowed three dollars for missioners. every day on which they may be engaged in exploring said county, for the purpose of locating said county site, and three dollars for every twenty miles travel in going to and returning from said county, which amount shall be paid to the said commissioners by the person or persons upon whose lands the seat of justice may be located, before any such location shall be approved of either by the Executive or the Legislature: Provided, It shall be located on lands not belonging to the United States or to this State: And provided, That no more than twenty days pay for each commissioner shall be allowed: Provided, That the State shall in no case be liable for the expenses or services rendered by said commissioners. Proviso. Proviso. Proviso. Approved February 3, 1857. Fractional district No. row money to pay for site and debts. [ No. 43. ] AN ACT for the relief of fractional school district number nine, of the townships of Scio and Webster, in the county of Washtenaw. SECTION 1. The People of the State of Michigan eaact, That 9, may bor- fractional school district number nine of the townships of Scio and Webster, in the county of Washtenaw, be and they are hereby authorized and empowered to borrow money to pay for the site, and to pay the debts that have accrued against said district for the erection and furnishing of their union school house, which has been erected within the year last past, to an amount not exceeding five thousand dollars; and that the district board of said district, be and they are hereby authorized and empowered to issue the bonds of said district for payment of May issue bonds. any moneys so borrowed, in the same manner and with the same force Sec. 2. This act shall take effect immediately. [No. 44. ] AN ACT to amend sections three and sixteen of chapter twenty-four, title six, of the revised statutes of eighteen hundred and forty-six, so as to increase the rate of commutation for labor assessed on the highways. amended. SECTION 1. The People of the State of Michigan enact, That Sec. 3, section three of chapter twenty-four, title six of the revised statutes of eighteen hundred and forty-six, be and the same is hereby amended so that said section will read as follows: ble to work may com commuta "Sec. 3. Every person liable to work on the highways, shall work Person liathe whole number of days for which he shall have been assessed, but on highways every such person, other than an overseer, whether resident or non-resi- mute. dent, may elect to commute for the same or any part thereof, at the rate of one dollar for each day, in which case such commutation money To whom shall be paid to the overseer of highways of the district in which the tion moneys labor is required to be performed, and shall be applied and expended by such overseer in the purchase of implements, or construction and repair of the roads and bridges in the same district, except when said taxes are otherwise appropriated or disposed of by law." paid. amended. to cause arrearages Sec. 2. That section sixteen of said chapter twenty-four, be and Sec. 16, the same is hereby amended so that said section shall read as follows: "Sec. 16. The supervisor of each township shall cause the amount Supervisor of such arrearages of labor, estimating the same at one dollar for each amount of day, to be levied on the lands so returned, and to be collected in the to be levied same manner that contingent charges of the township are collected, and ed. the same when collected, shall be paid into the township treasury, to be applied by the commissioners of highways, in the construction and im and collect provement of roads and bridges, in the road district for the benefit of which the labor was originally assessed, except when said taxes are otherwise appropriated or disposed of by law." Sec. 3. This act is ordered to take immediate effect. Approved February 3, 1857. Sections 19, 20, 21, amended. Petition to circuit court. To be in name of company. By whom signed. To be on oath. What peti tion to set forth. [ No. 45. ] AN ACT to amend sections nineteen, twenty and twenty-one of an act entitled an act to provide for the incorporation of railroad companies, approved February 12, 1855. SECTION 1. The People of the State of Michigan enact, That seetions nineteen, twenty and twenty-one, of an act entitled an act to provide for the incorporation of railroad companies, approved February 12, 1855, be amended so that said sections so amended, shall read as follows: "Sec. 19. For the purpose of acquiring such title, such company may present a petition to the circuit court for such county, at any term thereof, or during vacation of term to any judge of a court of record, praying for the appointment of three commissioners; said petition shall be in the name of the company, and shall be signed by one of the directors, or the engineer, or the attorney of said company, on its behalf, and shall be verified by the oath of the person so signing the same, and shall contain the description of all the real estate, property or franchises, or so much thereof as the company seeks to acquire under such petition in said county, that said company is duly incorporated, that it is the intention of said company in good faith to construct and finish a railroad from and to the places named for that purpose in its article of association, that the capitol stock of the company has been in good faith subscribed as required by this act, that the company have surveyed the route of its proposed road in said county, and made a map and survey thereof, by which said route is designated, and that they have located their said road according to such survey, and filed a certificate thereof, signed by a majority of the directors of said company, in the clerk's office of said county, that the property described in the petition is required for the purpose of constructing, operating or repairing the proposed road or its appurtenances, and that the company has not been able to acquire title thereto, and the reason of such inability. The peti tion must also state the names and places of residence of the parties, 80 far as the same can with reasonable diligence be ascertained, who own, or have or claim to own, or have estates or interests in said property; and if any such persons are infants, their ages as near as may be, must be stated, and if any of them are idiots, or persons of unsound mind, or are unknown, it must be so stated, together with such other facts and allegations as to incumbrances, or otherwise as the company may see fit to make; a copy of such other facts and allegations as to incumbrances, or otherwise as the company may see fit to make; a copy of such petition, with a notice of the time and place will be presented to such court or to any judge of a court of record, must be served on all persons whose interests are affected by the proceedings, at least ten days prior to the presentation of the same to the court, or to any judge of a court of record. copy of peti notice must How service in must be made if he this terest re State. 1. If the person on whom service is to be made resides in this State, Upon whom and is not an infant, idiot, or person of unsound mind, service of a copy tion and of such petition and notice must be made on him, or his agent or attor- be served. ney authorized to contract for the sale of the real estate described the petition, personally, or by leaving the same at the usual place residence of such person, with some person of suitable age; and if resides out of this State, but has such agent as aforesaid residing in State, then service may be made on such agent in manner aforesaid, State. or upon him personally out of this State, or it may be by publishing a notice, stating briefly the object of the application, and giving a description of the land or property to be taken, in some daily paper published in the city of Detroit, and in a paper printed in the county in which such lands or property are situated, if there be one, once in each week for six weeks next previous to the presentation of the petition; and if the residence of such person residing out of this State be known, a copy of such petition shall be deposited in the post office, at least thirty days previous to presenting such petition, directed to such person at his place of residence, as near as may be, and the postage in the United States paid thereon. How made when party in interest 2. If any person on whom such service is to be made is a minor or an idiot, or person of unsound mind, and resides in this State, such is a minor, service shall be made as aforesaid on his guardian or committee, as the unsound ease may be, or if none, then on the person who has the care of or with resides in idiot, or of mind, and this State. How made when party in interest whom said infant, idiot or person of unsound mind resides; but if such infant be over the age of fourteen years, then such service shall be made on him personally. 3. If the person on whom such service is to be made be unknown, or his residence be unknown, then such service may be made by publidence is un- cation for six weeks in the same manner provided in the first sub-divis or his resi known. When in fant, idiot or person of unsound mind inter no guardian ion in this section. 4. In case any party to be affected by the proceedings is an infant, idiot or person of unsound mind, and has no guardian or committee, ested, has the judge of the circuit court or any judge of a court of record shall appoint a special guardian or committee to attend to the interest of such Judre to ap- infant, idiot or person of unsound mind; and all notices to be served in the progress of the proceeding may be served on such special guardian or com mi tee. point spcial guardian or committee, and service or committee. to be made on them. 5. In all cases not otherwise provided for, service of orders, notices and other papers in the proceedings authorized by this act, may be service to be made as the judge of the circuit court or any judge of a court of record In oases not otherwise provided for made as judge shall direct. On present ing petition, terest may may direct." "Sec. 20. On presenting such petition to the circuit court or any parties in in-judge of a court of record as aforesaid, with proof of service of copy show cause. thereof and notice as aforesaid, all persons whose estates or interests is to be affected by the proceedings, may show cause against the prayer of the petition, and may disprove any of the facts alleged therein, the judge of the circuit court or a judge of any court of record shall hear the proofs and allegations of the parties, and if no sufficient cause is shown against granting the prayer of the petition, said circuit court or judge of any court of record shall make an order appointing three disinterested Court may and competent free holders, not residing or owning real estate in any township or city through which said road is to run, as commissioners to ascertain and determine the necessity for taking such lands, franchises or other property, and to appraise and determine damages or compensation to be allowed to the owners and persons interested in the real estate or property proposed to be taken in such county for the purposes of the company; and such circuit court or judge of any court of record shall fix the time and place for the first meeting of such commissioners: Provided, That any person or persons or company, whose estate or interest is affected by the proceedings, may demand and have from such circuit appoint 3 commissioners. |