missioner. Special com- eral roads, and of opening and improving the same by the outlay of the above appropriations, the Governor is hereby authorized to appoint a special commissioner, who shall take and subscribe the constitutional oath of office, and shall file a bond with sufficient sureties, to be approved by the Auditor General, conditioned for the faithful discharge of his duties as such commissioner. Powers and duties of com'r. Ibid. Payment of contractors. Sec. 3. The said special commissioner to be appointed by the provisions of this act, shall be authorized to lay out and establish the line of the said several roads in this act specified, and shall cause a map and survey of said roads to be made, and shall cause so much thereof, with the proper field notes, as lie within the limits of any township, to be filed for record in the office of the clerk of such township, in the manner now provided by law for recording public highways, and thereupon the same proceedings shall be had for the procuring of the right of way, and for ascertaining and settlement of all claims for damages by any person or persons interested in lands through which either of said roads are laid, as are now provided in like cases of laying out and opening highways by commissioners of highways. Sec. 4. The said special commissioner shall, by virtue of his appointment, have the control and management of the improvement contemplated by this act, and shall have power to let out by contract the working and improvement of said roads to the lowest bidder, who shall execute and deliver to said commissioner a good and sufficient bond, with sureties to be approved by him, and conditioned for the faithful performance of the work stipulated in said contract: Provided, That before such letting of work, the said commissioner shall advertise for proposals for opening and improving said road, or any part thereof, in separate sections or jobs, describing the same; such advertisement to be published at least four successive weeks in a newspaper published at Michigan in the county of Ingham. Sec. 5. Whenever any contractor under the preceding section of this act shall have finished his job according to the terms and specifications of his contract, and the same shall have been accepted by said special commissioner, or any service shall have been rendered under the provisions of this act, it shall be the duty of said special commissioner to pay said contractor or contractors for any such services or work, by his order drawn on the Auditor General for warrants drawn against and payable in internal improvement lands, which said warrants shall be received at the state land office in payment for any such land not otherwise appropriated: Provided, That nothing herein contained shall authorize the Commissioner of the State Land Office to sell any of said lands at a price less than that now established by law, or in a less quantity in any one certificate than forty acres. Sec. 6. Said commissioner shall proceed in the outlay of the appropriation made by this act with all the diligence and dispatch that shall be compatible with proper economy and the best interest of the state, and shall receive for his services a sum not exceeding two dollars per day for the time necessarily employed by him in the discharge of the duties devolved upon him by virtue of this act, payable pro rata from said appropriation hereinbefore made, and shall render to the Auditor General an account of all services by him thus rendered, verified by his oath. Sec. 7. This act shall take effect and be in force from and after its passage. Approved March 31, 1848. Compensation of com'r and audit and allow ance of his account. No. 161. AN ACT to authorize Daniel S. Lee, Charles P. Bush and John Thomas to erect and maintain a dam across the Grand River in the county of Ingham. Authorized. Section 1. Be it enacted by the Senate and House of Representa- Dam acros6 tives of the State of Michigan, That it shall be lawful for Daniel S. Grand River Lee, Charles P. Bush and John Thomas, their heirs and assigns, and they are hereby authorized to erect and maintain a dam not exceeding eight feet in height above common low water mark, across the Grand River on sections twenty or twenty-one, in township four north of range two west, in Ingham county. of dam, lock, Sec. 2. The owners or occupant of said dam shall construct a good Description and convenient lock, at least eighty feet long and eighteen feet wide, &c. for the passage of all boats, barges, rafts or other water craft that may navigate said river, and shall be so constructed as to receive such boats and other water craft in slack water of sufficient depth below said dam, and to pass them to slack water of sufficient depth above said dam, for Duties of owners or all the purposes of the navigation of said river at all times, whenever the circuit or county court shall order the same to be done, upon good cause shown: Provided, That at the time of the construction of said dam there shall be constructed therein or thereat a convenient shute or slide for the passage of all craft navigating said river. Sec. 3. It shall be the duty of the owners of said dam at all times to occupants keep said lock in repair, and to pass any water craft through the damn, free of tolls and without unnecessary delay; and any person who shall be detained shall be entitled to recover of the said owners double the amount for the damages which he shall prove he has sustained by such detention, before any court of competent jurisdiction, with costs of dam, &c. suit. Sec. 4. Any person who shall destroy or otherwise injure said dam, shall be deemed to have committed a trespass on the owner or Trespass on owners thereof, aud shall be liable accordingly; but nothing in this act contained shall be construed to affect the rights of individuals whose property may be injured by reason of the erection or continuing said dam; and this act may be amended or repealed at any time by the legislature. Sec. 5. This act shall take effect and be in force from and after its passage. Approved March 31, 1848. Certain n nor may convey. No. 162. AN ACT to authorize the minor heirs of Sophia Howell, late of Hillsdale county deceased, to convey certain real estate. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Elisabeth G. Howell, William Howell, Sophia E. Howell and Mary A. Howell, infant children under the age of twenty-one years each of Sophia Howell, late of Hillsdale county deceased, are hereby authorized and empowered, under the direction and approval of the judge of probate of Hillsdale county or the presiding judge of the circuit court of said county, which approval shall be endorsed and signed by him on the instrument of conveyance, to convey all the right, title, interest and claim of said infant children, upon such terms and for such consideration, to be paid, se cured, or invested to them and each of them and for their benefit, as to such judge of probate or presiding judge of the said circuit court shall seem just and equitable, to Caroline Olds of said county of Hillsdale, in and to "the south-east quarter of the north-east quarter of section number thirty-four, and the west half of the south-west quarter of the north-west quarter of section number thirty-five, township five south of range three west, in the county of Hillsdale, containing together sixty acres ;" which conveyance, when so made agreeably to the provisions of this act, by themselves, or by such guardian as shall be appointed for them or either of them for that purpose by the said judge of probate or presiding judge of said circuit court, shall be valid in law to convey all the title and interest of the said Elisabeth G. Howell, William Howell, Sophia E. Howell and Mary A. Howell in said premises to the said Caroline Olds. Sec. 2. Such conveyance, when so made, may be recorded by the register of deeds of Hillsdale county, as other deeds executed agreeably to the provisions of existing laws. Sec. 3. This act shall take effect and be in force from and after its passage. Approved March 31, 1848. No. 163. AN ACT to empower the judge of probate of the county of Berrien to authorize the sale of certain real estate. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the judge of probate of the county of Berrien may, in his discretion, authorize and empower John Orr, administrator of the estate of Henry Blondeel deceased, to sell and convey by deed the following described real estate of said deceased, to wit: lot number fourteen (14) in Green and Hoffman's addition to the village of Niles, lying in said county of Berrien: Provided, The said judge of probate is satisfied that it is for the interest of all persons interested in said lot to sell the same. Sec. 2. The said administrator shall, before selling said real estate, take the oath and give the bond now by law required of administrators, on selling real estate of deceased persons. Sec. 3. The sale to be made by auction, for cash, after giving two weeks public notice, and the money arising from the sale to be loaned on bond and mortgage upon unincumbered real property, worth three times the sum loaned, at interest, by said John Orr; the bond and mortgage to be taken in his name as trustee for the heirs of said Henry Blondeel, deceased. Sec. 4. This act shall take effect and be in force from and after its passage. Approved March 31, 1848. No. 164. Certificate of filing of certain oaths and bonds to sec. of state. AN ACT relative to the filing of oaths of office, and bonds of civil officers, &c. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That when any civil officer appointed be filed with by the Governor or Senate, or by the Governor with the advice and consent of the Senate of this state, is required by law to give bond and to file the same with any other officer than the Secretary of State, he shall procure the certificate of such officer that such bond has been duly filed with him, and file the same with the Secretary of State. Time for fi ling oath and bond. Sec. 2. When any such officer is required by law to give bond for the faithful performance of the duties of his office, and no provision is made by law for filing the same with any particular officer, such bond shall be filed with the Secretary of State. Sec. 3. Every such officer, except where otherwise directed by law, shall file his oath of office and certificate or bond aforesaid, as the case may be, within sixty days from the receiving of his commission or appointment; and in default thereof, such commission or appointment shall be null and void: Provided, That officers appointed in and for the counties of Mackinaw, Chippewa, Schoolcraft, Houghton, Ontonagon and Marquette, shall file their oaths, certificates and bonds provided, as herein within ninety days from their appointment or commission. Approved April 1, 1848. |