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tires of the State of Michigan, That Cyprian S. Hooker, his heirs Erect dam. and assigns, are hereby authorized and empowered to erect and continue a damacross the east branch of Flat River, in the county of Kent, adjoining lot number two of section two, township six, north of rangenine west, in said county of Kent. Sec. 2. The said dam shall not exceed three feet in height, and
Heighth of the occupant shall construct therein or thereat a convenient lock for dam. the safe passage of boats, rafts and other water craft, whenever the county court of Kent county aforesaid, shall order the same to be done upon good cause shown.
Sec. 3. If at any time hereafter the water should be required to be drawn from said river for the purposes of internal improvement, it shall not be lawful for the said Cyprian S. Hooker, his heirs or assigns to recover any damages therefor.
Sec. 4. Nothing in this act shall be so construed as to authorize the person above named, his heirs or assigns, to enter upon or flow the lands of any other
person or persons. Sec. 5. The legislature may at any time alter, amend or repeal this act.
Approved March 1, 1847.
[No. 28.] AN ACT to authorize Drusus Hodges to erect a dam across the
Paw Paw River, in the county of Van Buren.” Section 1. Be it enacted by the Scnate and House of Representatives Erect dams. of the State of Michigan, That it shall be lawful for Drusus Hodges, his heirs or assigns, and he is hereby authorized to erect and maintain a dam across the Paw Paw river, on the north fraction of the north west quarter of section ten, town three, south of range fifteen west: Provided, That a convenient lock of sufficient capacity be constructed by the said Hodges, and kept in repair for the passage of boats, arks, rafts and all other water craft navigating said river: And provided, That such water craft shall be suffered to pass free from toll of any kind during the continuance of said dam.
Sec. 2. Any person who shall destroy, or otherwise injure said
Damages for dam, shall be deemed to have committed a tresspass on the owner injury to.
thereof, and shall be liable accordingly; but nothing in this act contained shall be construed to affect the rights of individuals who may be injured by reason of the erection or constructing said dam.
Sec. 3. If at any time hereafter, the waters should be required to be drawn from said river, for the purposes of internal improvement or navigation, it shall not be lawful for the said Drusus Hodges, or any person or persons owning or interested in said dam, to claim or recover any damages thereofor.
Sec. 4. The legislature of this state may at any time hereafter alter, amend or repeal this act.
Approved March 1, 1847.
[No. 29.] AN ACT relative to Proceedings and Papers in certain Criminal
Cases. SECTION 1. Be it enacted by the Senate and House of RepresentaProsecuti'ns tives of the State of Michigan, That all prosecutions for crimes and to criminal misdemeanors, and for the recovery of any forfeiture or penalty,
undetermined or pending, in the several district courts in the counties of Wayne, Oakland, Washtenaw and Jackson, respectively, and all proceedings pending therein at the time the act entitled "an act for revising and consolidating the general statutes of the state of Michigan," approved May eighteenth, one thousand eight hundred and forty-six, took effect, shall be, and the same are hereby transferred to the several circuit courts for the counties wherein the same respectively originated ; and shall in the said several circuit courts be proceeded in, heard and determined in the same manner though they were originally commenced in said circuit courts; and all recognizances, records or certified copies thereof, and all files and papers relating to said prosecutions and proceedings remaining in said district courts, respectively, shall by the respective clerks thereof, be transmitted and filed with the several clerks of the proper circuits, under the direction of the proper circuit judge.
Sec. 2. All recognizances and papers taken in or relating to com. Complaints returnable plaints and proceedings in criminal cases, before justices of the
peace and others, which by law were heretofore returnable or to be filed in the several district courts in the counties of Wayne, Oakland, Washtenaw and Jackson, shall be, and the same are hereby made returnable to, and shall be filed in the several circuit courts for the counties wherein such complaints and proceedings were respectively had; and all persons, by the condition of such recognices bound to be and appear in the district court in either of said counties, shall be and they are hereby obliged and bound to be and appear in the circuit court for such county on the first day of the term thereof next after the passage of this act.
Sec. 3. This act shall take effect and be in force from and after its passage.
Approved March 1, 1847.
[No. 30.] AN ACT to amend chapter sixty of the revised statutes of eight
een hundred and forty-six, relative to the public lands and the superintendence and disposition thereof.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That sections number two, four and five tions amend of chapter number sixty of an act entitled an act for revising and consolidating the general statutes of the State of Michigan, be each severally amended by striking out the word “January,” and substituting in lieu thereof the word "March," so that the time specified in each of said sections for the payment of interest, shall be on the first day of March, or within sixty days thereafter in each and every year.
Sec. 2. Strike out the twenty-sixth section of chapter sixty of sec. 26 as said act, and insert as follows : “ It shall be the duty of the commissioner to inquire into the situation and condition of the university lands lying near Toledo in the State of Ohio, and if in his opinion it would be advantageous to the fund to sell said lands, or be proper to offer them for sale, he is hereby authorized so to do. And in case it is deemed proper to offer the said lands for sale, and the commissioner is of opinion that their value exceeds the minimum price of twelve dollars per acre, he may procure an appraisal
of the same by three disinterested persons under oath; and the said lands shall be offered at such appraisal, upon such terms and conditions of payment and forfeiture as the commissioner may deem most advantageous to the fund: Provided, That notice of the offering of said lands at public sale, shall be pnblished in the newspapers at Toledo, and in the state paper at Detroit; and that none of said lands shall be sold at a less price than twelve dollars
Sec. 6. This act shall take effect and be in force on and after the first day of March next,
Approved March 1, 1847.
[No. 31.] AN ACT to restore certain forfeited rights to certain purchasers
of primary school lands. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That A. Hamilton Smith and Dempster B. Wood, of Berrien county, joint purchasers and assignees of of certificate number ninety-seven, (97) issued to Edward Smith, by the superintendent of public instruction, be and they are hereby authorized to pay to the commissioner of the state land office on or before the first day of May next, the amount then due and payable on said certificate. Such payment shall operate as a redemption of the rights of the parties claiming under said certificate. And the commissioner may, in his discretion, upon the payment as aforesaid, and the surrender and cancel of said certificate, issue two new certificates to the said assignees, at their request, describing their respective interests in the original certificate : Prorided, That this act shall in no manner affect the rights of any purchaser of the land described in said certificate during the term of its reversion to the state; and the commissioner of the land office, shall be satisfied that the primary school fund will not be injured thereby
Sec. 2. The provisions of the preceding section shall apply to John D. Worden, purchaser of the southwest quarter of section sixteen, in town three south of range four west, as per certificate number one thousand four hundred and forty-five, (1445) and to
Samuel C. Worden, purchaser of the north-west quarter of the northwest quarter, and the vortheast quarter of the northwest quarter of section sixteen, town three souch of range four west, as per certificate number one thousand three hundred and seventy-seven, (1377) and one thousand three hundred and seventy-eight (1378.) Sec. 3. This act shall be in force from and after its
passage. Approved March 5, 1817.
(No. 32.] AN ACT authorizing any five or more persons to form associa
tions or companies for the purpose of constructing any line or lines of Electric Telegraph in the State of Michigan.
Section 1. Be it enacted by the Senate and House of Representatires of the state of Michigan, That any five or more persons, who shall form an association or company, for the purpose
of constructing and using any line or lines of telegraph in this state, or commencing in this state and terminating elsewhere, shall be entitled to all the benefits, privileges and immunities, and subject to all the pains, penalties and liabilities, contained in an act entitled “an act to regulate private associations and partnerships," approved eighteenth day of May, one thousand eight hundred and forty-six, so far as the provisions of that act are consistent with the purposes of such associations or companies, and not inconsistent with the provisions of an act entitled "an act authorizing any persons to construct lines of electric telegraph in the state of Michigan,” approved the twenty-eighth day of January, one thousand eight hundred and forty-seven.
Sec. 2. This act shall take effect and be in force from and after
Approved March 5, 1847.
[No. 33. AN ACT to amend chapter fifty-eight of the Revised Statutes of
eighteen hundred and forty-six, relative to the distribution of the income of the School Fund.
Section 1. Be it enacted by the Senate and House of Representatives