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clerk, who shall record the same in the manner provided by law for public highways.

Payment of

and others.

Sec. 6. Whenever any contractor under the preceding sections of this act shall have finished his job according to the terms and specifi- contractors cations of his contract, and the same shall have been accepted by said special commissioner, or if any services shall have been rendered under the provisions of this act, it shall be the duty of said special commissioner to pay said contractor for any such services, by his order drawn on the auditor general for warrants drawn against and payable in internal improvement lands; which warrants shall be received at the land office in payment for any unappropriated internal improvement lands belonging to the state: Provided, That nothing herein contained shall authorize the commissioner of the state land office to sell any of said lands at a less price than one dollar and twenty-five cents per acre, or in a less quantity in any one certificate of sale than forty arcres.

Cempe nea

his acc't to

to Aud. Gen

Sec. 7. Said commissioner shall proceed in the outlay of the appropriations made by this act with all the diligence and despatch compatible tion of com'r with proper economy and the best interests of the State and the Hol- be rendered land Colony, and shall receive for his services a sum not exceeding eral, &c. two dollars per day for the time necessarily employed by him in discharging the duties devolved upon him by the provisions of this act, payable pro rate from the aforesaid appropriations; and upon the presentation of his account for such services, verified by the oath of said commissioner, the auditor general shall issue his warrants for the amount, payable in internal improvement lands from the above appropriations, which warrants shall be receivable by the commissioner of the land office for internal improvement lands not otherwise appropriated.

Sec. 8. This act shall take effect and be in force from and after its passage.

Approved March 29, 1948.

Commission

to lay out

state road.

No. 136.

AN ACT to lay out, establish and improve the Benton and Vermontville state road in the county of Eaton.

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

er appointed lives of the State of Michigan, That Hosey Hovey is hereby appointed a commissioner to lay out and establish a state road from the village of Vermontville east through the Wheaton settlement, in the township of Chester, and the Hovey settlement in the township of Benton, to a point on the Battle Creek and Michigan state road, within the township of Benton, who shall cause the survey bill of the same to be filed for record in the office of the several township clerks of the townships through which the same shall be laid out.

Non-resident

road.

Sec. 2. For the purpose of improving so much of the road to be highway tax laid out by section one of this act as runs through the townships of Cheses appropriated for said ter and Benton, there is hereby appropriated all of the non-resident highway taxes of the year eighteen hundred and forty-seven, and for four years next thereafter for two miles each way from the centre of said road within the township of Benton, and for two miles from the centre of said road on the south side thereof, and one half mile from the centre of said road on the north side thereof within the township of Chester.

Special commissioner.

His powers

Sec. 3. For the purpose of carrying into effect the provisions of section two of this act, the above named Hosey Hovey is hereby appointed a special commissioner, who shall be governed by the same laws, as far as the same may be applicable, in expending all moneys that may be subject to his control by the provisions of this act, as are now or may hereafter be in operation for the government of township highway commissioners.

Sec. 4. It shall be the duty of said special commissioner, before entering upon the duties of his office, to take and subscribe an oath to

and duties. faithfully perform the duties herein assigned him, and file the same in the office of the county clerk of his county, and deliver to the county treasurer of Eaton county a bond in the penal sum of one thousand dollars, with two good and sufficient sureties, to be by him approved, conditioned for the faithful performance of all the duties imposed upon him by virtue of this act; and in default thereof it shall be the duty of said county treasurer to prosecute the same in the same manner as bonds are prosecuted against county officers.

Sec. 5. It shall be the duty of said special commissioner, on or be. Ibid. fore the first day of May next, to make out a list of all non-resident lands coming under the provisions of this act, and deliver the same to the county treasurer, who shall thereupon open an account with the Benton and Vermontville state road fund, and credit to said fund all moneys then in his hands, or which may hereafter be paid into his office as non-resident highway taxes upon any of the lands described in said list, and charge said fund all moneys which may be drawn from said fund by said special commissioner.

Sec. 6. It shall be the duty of said special commissioner, in payment for any labor performed or materials furnished in the improvement of said road, to issue his certificate to any person who may be entitled to the same, certifying the facts as they exist in the case, and draw his warrant thereon (for the amount due such person or persons) upon the Benton and Vermontville state road fund; and it shall be the duty of the county treasurer to pay the same out of any moneys to the credit of said fund, and charge the same as provided in section four of this act.

Sec. 7. The above named commissioner shall be entitled to receive as compensation for any services rendered, in the discharge of any of the duties imposed on him by virtue of this act, a sum not exceeding one dollar and fifty cents per day, for the time employed in carrying out its provisions, and his account for the same verified by his oath, shall be audited by the board of supervisors of Eaton county, and paid out of any moneys to the credit of the above fund.

Sec. 8. This act shall take effect and be in force from and after its passage.

Approved March 29, 1848.

Ibid.

His compen

gation.

No. 137.

AN ACT to amend chapter twenty-seven of the revised statutes of eighteen hundred and forty-six, relative to the erection, repairing and preservation of bridges.

utes amend

Section 1. Be it enacted by the Senate and House of Representa- Revised stat tives of the State of Michigan, That chapter twenty-seven of the cd. revised statutes be amended by adding thereto the following sections, to stand as a part thereof :

Repairs, &c. of bridges,

Payment of

same.

Sec. 6. If any bridge over a stream intersected by a highway, in any township of this state, has been within the last year or shall hereafter be injured or destroyed by the occurrence of a freshet, or from any other cause, it shall be the duty of the highway commissioners of such township to proceed with all convenient despatch to repair or reconstruct such bridge, as the case may require, under the personal supervision of one of their number, or by letting a contract therefor under existing provisions of law: Provided, That application for such repairs or reconstruction shall first be made to such commissioners in writing, signed by at least twelve freeholders of the township, and verified by the oath of such applicants, that the public interest requires such repairs or reconstruction: And provided, That the sum to be expended for such repairs or reconstruction shall not in any one year exceed two hundred dollars in any one organized township.

Sec. 7. In payment for the labor performed, materials furnished, and necessary expenses incurred, for the purpose in the last precedlabor for the ing section specified, the said highway commissioners are hereby authorized to draw and issue their orders upon the township treasurer, redeemable out of the proceeds of the tax to be levied and collected therefor in the manner provided by the following section.

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Sec. 8. For the purposes of levying and collecting such tax, the said highway commissioners shall furnish the township clerk with the amount of all the orders drawn by them for the objects aforesaid, on or before the first Monday of October thereafter; and the said township clerk shall thereupon include such amount in the statement of moneys to be raised for township purposes, to be by him delivered to the supervisor, under the provisions of existing law.

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

Approved March 29, 1848.

No. 138.

AN ACT to incorporate the Leoni Seminary.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Wilder B. Mack, Jacob SagenIncorporat'n dolph, Aaron Rowe, Abel Scott, Andrew Brown, 2d, William Jackson,

Benajah Bayne, Ira W. Kellogg, Mason Branch, Samuel Lapham, Jared Warner and Isaiah Raymond, of the State of Michigan, together with such other persons as may be associated with them, and their successors for that purpose, shall be and they are hereby constituted a body politic and corporate by the name and style of the Leoni Seminary, subject to the provisons relating to corporations contained in chapter fifty-five of the revised statutes of eighteen hundred and forty-six, and such amendments thereof as may from time to time be made by the Legislature.

Powers and

trustees.

Sec 2. The trustees shall have power, and they are hereby authorized to establish in the village of Leoni in the county of Jackson, an duties of institution for the instruction of young persons in ancient or modern languages or literature, and the arts and sciences, and shall faithfully apply all funds received by them for that purpose, by subscription, bequest or otherwise, in providing suitable buildings, employing professors and teachers, procuring books, maps, philosophical and other apparatus necessary or proper for the successful prosecution of study in said institution.

Sec. 3. Said board of trustees shall be in law capable of acquiring Ibid. and holding, by purchase, gift, grant, devise or bequest, or otherwise, and of selling, conveying or leasing any estate, real, personal or mixed, in value not exceeding the sum of twenty-five thousand dollars, for the use of said corporation, and no other, and shall be held liable for all debts as partners in trade, after the corporate property shall have been exhausted.

Sec. 4. The institution shall be subject to visitation at any time by the superintendent of public instruction, and the trustees shall annually, on or before the 20th day of October, in each year, make to the superintendent a full report of the literary and pecuniary condition of said institution.

Sec. 5. This act shall take effect and be in force from and after its passage.

Approved March 29, 1848.

Annual visitation.

Annual re

port.

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