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State to

have lien

&c.

perty of said company for all dues which may accrue to the state upon works from said company, which lien of the state shall take precedence of all other debts or demands, judgments or decrees against said company; and the inhabitants of this state shall have a lien upon the tolls and property of said company for all dues or demands against said company to the amount of one hundred dollars, originally contracted within this state, which, after said lien of the state shall take precedence of all other debts or demands, judgments or decrees, liens or mortgages against said company; and the state shall in no wise be liable for any damages or demands that may in any event arise from laying out or the construction of said canal by virtue of this act.

to become

SEC. 17. That at the expiration of the period limited for the du. When canal ration of this charter, the said canal and its appurtenances, unless property of the same shall be purchased by the United States as aforesaid, shall become the property of the people of this state.

state.

SEC. 18. The state reserves the right at any time for any violation of the provisions of this act, to alter, amend or repeal the same by a vote of two-thirds of each branch of the legislature.

SEC. 19. Said company shall pay, or cause to be paid, to the state treasurer, on or before the first day of December in each year, a tax of half of one per cent. on the capital stock paid in, and all loans obtained for purpose of constructing said works, which shall be in lieu of all other taxes.

SEC. 20. This act shall take effect and become a law from and after its passage.

Approved March 17, 1847.

ed.

[No. 89.]

AN ACT to amend an an act entitled "an act to incorporate the
Battle Creek and Grand Rapids Railroad Company," approved
May fourth, eighteen hundred and forty-six.

SECTION 1. Be it enacted by the Senate and House of Representa

Act amend tires of the State of Michigan, That section eighteen of said act be amended by striking out the words "the mail" in the sixth line, and inserting "mails of like weight."

SEC. 2. That section twenty of said act be amended by striking b. out in the third line thereof, the words "fifty-one" and inserting "sixty-one" in lieu thereof.

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SEC. 3. Strike out section "twenty-five" and insert in lieu thereof; The state shall have a lien upon the rail road of said company and its appurtenances and stock thereon, for all penalties, taxes and dues which may accrue to the state from said company, which lien of the state shall take precedence of all other debts or demands, judgments or decrees against said company; and any inhabitant of this state shall have a lien upon all the personal property of said company for all dues or demands against said company to the amount of one hundred dollars originally contracted within this state, which after said lien of the state, shall take precedence of all other debts or demands, judgments or decrees, liens or mortgages against said company."

SEC. 4. That section twenty-seven be so amended as to read as follows: The legislature may at any time alter, amend or repeal the charter of said company after twenty years from the passage of this act, or any time for a violation of their charter.

SEC. 5. This act shall take effect and be in force from and after ts passage.

Approved March 17, 1847.

Ib.

Ib.

[No. 90.]

AN ACT appropriating certain Highway Taxes for the improvement of a Road in the Counties of Van Buren and Berrien.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That all of the non-resident highway taxes which shall be assessed upon non-resident lands within one mile and a half on each side of said road, commencing on the east side of section ten, town three south, range fifteen west; thence westerly through the village of Brush Creek, in Van Buren county, and Waterford. in the connty of Berrien; thence west to the territorial road, intersecting such road about one and a half miles east of the village of St. Joseph, be and the same hereby appropriated for the improvement of such road aforesaid, for the period of two

taxes appro

priated.

Special

com'rs.

Duty of special com'rs.

Oath.

years from the passage of this act, to be expenped as hereinafter provided.

SEC. 2. That when any non-resident wishes to commute his road tax, hereafter to be assessed, his labor shall be expended on said road, and the special commissioner by the provisions of this act, shall direct when, where and how, the labor shall be performed.

SEC. 3. That John L. Marvin, of Van Buren county, and Gilson Osgood, of the county of Berrien, be, and they are hereby appointed special commissioners, to disburse the moneys aforesaid, in their respective counties, who shall have power to let or contract any job of work upon said road, first giving public notice thereof, by posting up notices at the most public places within the several townships through which said road passes, which such notices shall be posted up at least ten days before the time of letting such contracts,and shall state where the work is to be performed; the time limited for the performance; the time when and where the jobs will be let to the lowest bidder, who shall give bonds with one or more sufficient sureties, to the special commissioners for the faithful performance of said contract.

SEC. 4. It shall be the duty of the special commissioners to make out a correct list of all the non-resident land designated by the first section of this act, and file the same with the treasurers of their respective counties wherein those lands are located; and it shall be the duty of the county treasurers to withhold from the several townships the moneys accruing on such non-resident lands, and pay over the same to the special commissioner.

SEC. 5. It shall be the duty of the special commissioner to render to the board of supervisors of each county, at their annual session, a true account of the application and disbursement of the mohave received each year. ney he may

SEC. 6. Before said special commissioners shall enter upon the duties of their office, they shall take the oath prescribed by this state, and file the same with the clerks of their respective counties, and before they shall draw moneys from the county treasurers, they shall give a bond with one or more sufficient sureties, in double the amount of the non-resident tax in this act appropriated, which bond shall be approved by the county treasurer, county re

gister and judge of probate of their respective counties, and which shall be filed with the clerks of their respective counties.

SEC. 7. The special commissioners shall receive as a compensa

tion for services, one dollar per day, when actually engagedin the compensabusiness of such road, which amount shall be audited and allowed by the board of supervisors of their respective counties, and paid out of the fund created by this act, and the said board of supervisors may require said special commissioners to certify their account by affidavit.

SEC. 8. In case the said special commissioners, or either of them, Vacancy. shall neglect or refuse to take and file the oath of office required by this act, within ninety days after the passage thereof, such neglect shall be deemed a vacancy, and all vacancies which may happer by death, removal or otherwise, shall be filled by the board of supervisors, or a majority of them, of the counties of Berrien and Van Buren, respectively, and any person so appointed, shall take and file the oath and bond as aforesaid.

SEC. 9. This act shall take effect and be in force from and after its passage.

Approved March 17, 1847.

[No. 91.]

AN ACT to authorize Alfred A. Hunter and John Y. Larzilere to construct and maintain a dam across the Huron River.

&c.

SECTION 1. Be it enacted by the Senate and House of Representa- May contires of the State of Michigan, That Alfred A. Hunter and John struct dam, Y. Larzilere, ther heirs and assigns, are hereby authorized to construct and maintain a dam across the Huron River in the county of Washtenaw, township of Ypsilanti, on French claim six hundred and ninety.

SEC. 2. The said Alfred A. Hunter and John Y. Larzilere shall construct in said dam a gate or sluice in such manner that fish may pass up said stream, and shall also, upon order of the county judge of the county of Washtenaw, on good cause shown, construct in said dam a convenient lock for the passage of boats, rafts and other water craft.

Not entitled

to damages.

SEC. 3. If at any time hereafter the water should be required to be drawn from said river for any state work of internal improvement, the said Hunter and Larzilere, their heirs or assigns, shall not be entitled to any damages therefor.

SEC. 4. Nothing in this act shall be so construed as to authorize the persons named in this act to enter upon or flow the lands of any other person or persons.

Approved March 17, 1847.

[No. 92.]

AN ACT to provide for the Election of County Officers in the
County of Houghton.

SECTION 1. Be it enacted by the Senate and House of Representa· tives of the State of Michigan, That the qualified electors in the several townships in the county of Houghton and the territory attached thereto, for judicial purposes, shall meet in their respective townships on the first Tuesday of July next, and elect county officers for said county.

SEC. 2. That such election shall be conducted in all respects in accordance with the existing provisions of law, except as to the time above mentioned.

SEC. 3. That the said officers so elected shall enter upon the discharge of their duties immediately after said election and hold their offices until the first day of January, in the year one thousand eight hundred and forty-nine, and until their successors shall be duly elected and qualified.

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

Approved March 17, 1847.

[No. 93.]

Aud. gen'l and see. of

AN ACT for the preservation and leasing of the Clinton and Kal

amazoo Canal.

SECTION 1. Be it enacted by the Senate and House of Representastate autho-tives of the State of Michigan, That the Auditor General and Se

rized to

lease canal. cretary of state be and they are hereby authorized and empower

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