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to be recor
appropriated to such uses as those interested therein and entitled thereto shall deem expedient: Provided, That the highway commissioners shall not in any case, discontinue said street or any part thereof, unless the owners of property or lots bordering upon the same, or which may be damaged by said discontinuance, shall first by their deeds duly executed and acknowledged assent to said discontinuance, and quit claim and release all claim for damages which may be caused thereby.
Sec. 2. In case said highway commissioners shall discontinue Proceedings said street, or any part thereof, such proceedings as may be had ded. relative thereto, shall be recorded at length in the records of said highway commissioners, and a certified transcript thereof shall be recorded in the office of register of deeds for Kalamazoo county.
Sec. 3. Said highway commissioners are also further authorized To vacate to vacate so much of Church street, in said village, as lies between Academy and Jail squares in said village, and that they cause a record of the said vacation of said street to be made in the office of the register of deeds for the said county of Kalamazoo, as required in the second section of this bill, (act] to stand as a part of the recorded plat of said village.
Sec. 4. This act shall take effect and be in force from and after
Approved February 13, 1847.
Time for the ded.
(No. 17.] AN ACT to extend the time for the return of certain Taxes in
the township of Lima, in the county of Washtenaw. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the treasurer of the township of Li-sekueneze ma, in the county of Washtenaw, be, and he is hereby authorized to make his returns of delinquent taxes for the year one thousand eight hundred and forty-six to the treasurer of th esaid county on or before the twenty-fifth day of February instant,and such return shall be as valid and have the same force and effect as if it had been made within the time prescribed by law for making like returns in other cases, and the said treasurer of the said county of Washtenaw is
hereby authorized and directed to receive said returns and forward a transcript of the same to the auditor general, in conformity with existing law.
Sec. 2. This act shall take effect and be in force from and after its passage.
Approved February 16, 1847.
To settle with super visore.
[No. 18.] AN ACT to provide for the settlement of the claims of supervi
sors of the several townships within this state. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the commissioner of the state land office be and he is hereby authorized and required to settle with and pay to the supervisors of the sereral townships within this state, such sum or sums as shall upon proof made to him, appear to be due to said supervisors, for services rendered by them under the provisions of an act entitled "an act to establish a land office, to prescribe ard regulate the disposition of the public lands, and for other purposes,” approved March eleventh, eighteen hundred and forty-four.
Sec. 2. The said commissioner of the land office is authorized to pay the same out of any moneys in his hands not otherwise appropriated, primary school and university funds excepted.
Sec. 3. This act shall take effect and be in force from and after its
[No. 19.] AN ACT to authorize the Supervisors of the County of Kent to
construct a canal and locks around the rapids of Grand River, at Grand Rapids.
Section 1. Be it enacted by the Senate and House of RepresentaSupervisors authorized tires of the State of Michigan, That the board of supervisors of the
county of Kent, and their successors in office, be and they are hereby authorized to construct a canal, with sufficient locks for the passage of boats and other water craft, around the rapids of Grand River, at Grand Rapids in said county.
to const: uct canal.
Sec. 2. That twenty-five thousand acres of internal improvement
priated. and be and the same are hereby appropriated for the construction of said canal and locks, which appropriation shall be in lieu of all unexpended balances of previous appropriations for the same purpose.
Sec. 3. That the board of supervisors of the county of Kent are to select hereby authorized to select, or cause to be selected, said quantity of land, and report the same to the commissioner of the state land office, who shall thereupon reserve and withhold from sale all tracts and parcels of land so selected, and shall issue certificates therefor in tracts of not less than eighty acres to such person or persons as may hereafter become entitled to the same, under the provisions hereinafter mentioned. Sec. 4. That the said canal shall not be of less capacity than
Capacity of forty-five feet on the water line, four feet deep at all seasons, and canal, the lock or locks not less than one hundred and thirty-five feet in length, and thirty feet in width in the clear. And the same shall be so constructed as to receive boats twenty-nine feet wide, and one hundred and thirty feet long, and of thirty inches draft, in slack water below the foot of the rapids, and pass them to slack water above the rapids, at all stages of water. Sec. 5. The said board of supervisors or their successors in
May cause a office may also, if they should deem it necessary or expedient, dam to be cause a dam or wing dam to be erected at some convenient point for supplying said canal with water; in the plan and construction thereof, however, suitable provisions shall be made for a passage over said dam for boats, barges, rafts, or other water craft, at the proper stage of water, by means of a sluice or apron therein: Provided, horerer, That said dam shall not be elevated so high as to raise the river above said rapids so as to flow the lands belonging to the public or individuals.
Sec. 6. That after the said canal, locks, (and dam, if deemed ne- Com'r of cessary or expedient,) and all the works appertaining to the im- to issue cerprovement hereby contemplated, shall have been finished and completed, the right of way secured to the people of the state of Michigan, and the judges of the counties of Kent and Ionia, or a majority of them, shall so certify, and file the same in the state land office
then the commissioner of the said land office, shall, when requested by the board of supervisors of Kent county and their successors in office, issue certificates for land hereby appropriated and by them selected, to such person or persons as shall be designated by them: Provided, That said certificate of the completion of said work shall be filed within three years from the passage of this act: Provided further, That certificates shall be issued for no more land than the actual cost of said canal, locks and dam, estimating the price of
said land at one dollar and twenty-five cents per acre. May collect Sec. 7. The said board of supervisors, or their successors in of
fice, may from time to time charge and collect such rates or tolls for the admission into, or passage through said canal and locks, of boats or other water craft, goods, wares and merchandise, rafts of lumber or timber, or other materials not herein enumerated, as they shall deem necessary for the purpose of keeping said canal, locks and dam in repair.
Ssc. 8. The said canal, locks, dam and all the appurtenances Canal, &c., to be under thereto belonging, shall at all times be under the care and superof supervi. vision of said board of supervisors; and if any person or persons
shall wilfully obstruct in any manner the free passage of boats, or other water craft, or injure or destroy said canal, locks, dam, or any of the appurtenances thereunto belonging, or any portion thereof, the said person or persons shall be liable to said board in their coporate capacity, or to their successors in office, for treble damages, to be recovered in an action of debt in any court of
competent jurisdiction, and when so recovered, the same shall be expended in keeping the said canal, locks and dam in repair.
Sec. 9. The said board of supervisors shall, before proceeding for propo
to select the land herein appropriated, advertise for proposals for constructing said canal, such advertisement to be published for three successive weeks, in a newspaper published in the county of Kent, and in the state paper, prior to the time for letting contracts. At the time provided for letting such contracts, the said board of supervisors shall let the same to the lowest bidder therefor, not exceeding the twenty-five thousand acres of land herein appropriated: Provided, The same is in their opinion for the best interest of the public; and provided such bidder shall execute to
the board of supervisors and their successors, good and sufficient bonds, with sureties to be approved by the said board, condi. tioned for the completion of said canal within the time limited by this act: And provided, further, Grants of the right of way, and a release of all damages to the state of Michigan for the construction and maintainance of said canal, shall first be executed by the owners of the land through which the same may pass, and recorded in the register's office of the county of Kent, so that the said right of way shall be secured to the state of Michigan free from all incumbrances whatever, leaving to the owners of the land on either side of said canal the use of the water therein for hydraulic purposes, so as not to interfere with the navigation of the same ;
the state reserving the right at all times to regulate the amount of tolis on said canal.
Sec. 10. The land to be selected as provided in this act shall be withheld from sale only until the time provided for the construction to be withand completion of said canal, and until one year thereafter, and the sale. same shall be selected within the district of lands for sale at the United States land office in Ionia, or in the county of Allegan, or either or both.
Sec. 11. The legislature may at any time further provide for carrying out the true intent and meaning of this act, and for convert. Canal ing said canal into state property whenever the public good may erty. require, after fifteen years from the passage of this act, the rights of individuals as then existing to be fully secured to them.
Sec. 12. The state shall in no way be made liable for any damages or demands which may be claimed or accrue from and under the operation of this act.
Sec. 13. This act shall take effect and be in force from and after its passage.
Approved February 20, 1847.
(No. 20.] AN ACT to change the name of John McIver, of Grand Rapids,
in the county of Kent. SECTION 1. Be it enacted by the Senate and House of Representa