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allow the free passage of fish up and down said stream: And provided further, That the said Prosper Bnnyea, his heirs and assigns, shall construct and maintain in said dam, a good and sufficient lock, for the safe passage of boats, rafts and other water craft, and other purposes, whenever the county court for said) county of Oakland shall, upon good cause shown, order the same to be done.
Sec. 2. The legislature may at any time alter, amend'or repeal this act.
Sec. 4. This act shall take effect from and after its passage.
[No. 59.] AN ACT to provide for the payment of Damages for the Right
of Way through the Public Lands of this State 'which have been purchased but not fully paid for.
Section 1. Be it enacted by the Senate and House of RepresentaWhen dam, tives of the State of Michigan, That in all cases where damages come and shall be agreed upon between the Michigan Central Rail Road
Company, or the Michigan Southern Rail Road Company, and any purchaser of any of the public lands of this state, through which the Central or Southern rail roads are, or shall be constructed, and who has not fully paid for the same; or in cases of assessment of damages in favor of any such purchaser, according to the provisions of law, or of the several acts incorporating said companies respectively, the agents of either of said companies shall pay the amount of said damages so agreed upon or assessed, with interest on such assessment from the respective times when the said company come into possession of said roads, or from the date of such agreement as is above specified, to the commissioner of the state Jand office, to be by him applied to the credit of the purchaser of the land so damaged, on account of principal unpaid; and when so paid, the right of way shall vest in the company paying the same, as provided in their charter in regard to other cases.
Sec. 2. The said commissioner shall thereupon issue to the said agents, a certificate of the payment aforesaid, and which shall describe the land on account of which such damages were paid; and
Com'r to cr. the same.
no further damages for right of way shall be chargeble upon said land, on account of the subsequent forfeiture and resale thereof to the same or any other purchaser.
apply Sec. 3. The provisions of this act shall not be construed as ap- to cases#In plicable to cases of sales of said lands through which the right of is reserved way for the purposes of construction and operation of any rail road, has been by law heretofore expressly reserved to the state.
Sec. 4. This act shall take effect and be in force from and after its passage.
Approved March 16, 1847.
(No. 60.] AN ACT to locate the Capitol pursuant to section nine of article
twelve of the Constitution of this State. SECTION 1. Be it enacted by the Senate and House of Representatires of the State of Michigan, That the seat of government of this state shall be in the township of Lansing, in the county of Ingham.
Approved March 16, 1847.
Raisin River, in the County of Monroe.
May build tires of the State of Michigan, That Allen A Rabineau, his heirs and assigns, are hereby authorized and empowered to build a dam across the Raisin river, upon the following described lands, to wit: The west half of the north west quarter, and the east half of the north west fractional quarter, and the north fraction of the north west quarter of section number nineteen, in township number six south, in range number seven east, in the county of Monroe: Prorided, That a convenient lock of sufficient dimensions shall therein or there with be constructed and kept in repair for the passage of boats, arks, rafts and other water craft navigating the said river:And provided further, That said water craft shall be suffered to pass free from toll of any kind during the continuance of said dam :
to dam, &c.
And provided also, That said dam shall not be so made as to prevent
the passage of fish up or down said stream. Lock to be kept in re
Sec. 2. It shall be the duty of the owner or owners of said dam, pair.
at all times, to keep said lock in repair, and to pass any water craft which can be admitted therein, through the same, free of toll, and without unnecessary delay; and any person who shall be unnecessarily detained, shall be entitled to recover of the said owners double the amount for the damages which he shall prove that he has sustained by such detention, before any court of competent jurisdiction.
Sec. 3. Any person who shall destroy, or in any wise injure said wilful injury lock or dam, shall be deemed to have committed a trespass upon
the owners thereof, and be liable accordingly; and any person who shall wilfully and maliciously destroy or injure the said lock or dam shall be deemed guilty of a misdemeanor, and on conviction thereof, be punished by fine or imprisonment, in the discretion of the court.
Sec. 4. If, at any time hereafter, the waters should be required int. imp.
to be drawn from said river for the purposes of internal improvement or navigation, it shall not be lawful for the said Allen A. Rabineau, or any person or persons owning or interested in said dam to claim or recover any damages therefor.
Sec. 5. Nothing herein contained shall be construed to authorize Not to flow the said Allen A. Rabineau, his heirs or assigns, to enter upon or
flow the lands of any other person or persons, without the consent of such person or persons; and the legislature may at any time hereafter, alter, amend or repeal this act.
Approved March 16, 1847.
be taken for
lands of oth ers.
[No. 62.] AN ACT to provide for the improvement of the Detroit and Sagi
naw Turnpike, between Flint and Saginaw. Section 1. Be it enacted by the Senate and House of Representatires of the State of Michigan, That the board of supervisors of the county of Saginaw are hereby authorized, in their discretion, to expend a sum not exceeding two thousand dollars of any money in
the treasury of said county not otherwise appropriated, in improving the Detroit and Saginaw turnpike within the county of Saginaw.
Sec. 2. This act shall take effect and be in force from and after its passage.
Approved March 16, 1947.
[No. 63.] AN ACT to amend the revised statutes of eighteen hundred and
forty-six, in relation to the Assignment of Dower. Section 1. Be it enacted by the Senate and House of Representa- Assignment tires of the State of Michigan, That in any suit hereafter to be commenced by any widow for the recovery of dower in lands which were aliened by her husband in his life time, and where dower cannot be assigned therein by metes and bounds without injustice or manifest injury to the widow, or to the owner or owners, or person or persons in possession thereof, or some one of them, the court having cognizance of the matter may award and adjudge a sum of money in lieu of dower to be paid to the widow, or may assign to her, as tenant in common, a just proportion of the rents, issues and profits of said lands, regard being had in all cases to the true value of the lands at the time of such alienation by the husband, and of the probable duration of the life of the doweress, at the time such sum of money shall be adjudged, or such rents, issues and profits shall be assigned to her.
Sec. 2. Where dower in any lands may be claimed by two or more widows, the one whose husband was first seized therein shall Who first be first entitled thereto; and in all cases where dower in any land shall have been assigned, or where it shall appear that the owner or owners, or person or persons having an interest therein, shall have made full satisfaction to, and has obtained a discharge from the person recovering or having a prior right to dower therein, by reason of the prior seizen of her husband, the said land shall not be subject to any other claim for dower during the life time of the person so recovering, or who has received satisfaction and given a discharge as aforesaid,
entitled to dower.
Sec. 3. This act shall take effect and be in force from and after its passage.
Approved March 16, 1847.
[No. 64.] AN ACT to organize certain Townships in the Counties of Mar
quette, Houghton, Schoolcraft and Ontonagon. Section 1. Be it enacted by the Senate and House of Representa
tives of the state of Michigan, That all that part of the county of Copper Har: Houghton designated as all that part of Kewanaw Point, east of
the line between ranges twenty-nine and thirty west, and in town. ships fifty-seven, fifty-eight and fifty-nine north, and the islands ad. jacent thereto, including Manitou Island, be and the same is hereby set off and organized into a separate township by the name of Copper Harbor; and the first township meeting shall be held at the house of D. D. Brockway, in said township.
Sec. 2. That all that part of the county of Houghton embraced
in townships fifty-seven, fifty-eight and fifty-nine, north of range Eagle Har
thirty west, and the east half of townships fifty-seven and fifty-eight north of range thirty-one west, be and the same is hereby set off and organized into a separate township by the name of Eagle Harbor, and the first township meeting to be held at the house of Hiram Joy, in said township.
Sec. 3. That all that part of the county of Houghton embraced Houghton. within the west half of townships fifty-seven and fifty-eight,north of
range thirty-one west, and townships fifty-seven and fifty-eight, north of range thirty-two and thirty-three west, be and the same is hereby set off and organized into a separate township by the name of Houghton, and the first township meeting shall be held at the house
of Martin Coryall, in said township. Portage.
Sec. 4. That all that part of the county of Houghton embraced within townships fifty-three, fifty-four, fifty-five and fifty-six,north of range thirty, thirty-one, thirty-two, thirty-three and thirty-four west, and including Traverse Island, and excepting that part of Point Abbaye embraced in townships fifty-three north of range thirty and thirty-one west, be and the same is hereby set off and organized into a separate township by the name of Portage, and the first town