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the passage of this act, unless for some violation by said company of some of the provisions of this act.

Sec. 33. This act shall take effect and be in force from and after its passage.

Approved April 3, 1848.

No. 203.

AN ICT concerning the village of Hillsdale. Section 1. Be it enacted by the Senale anul House of Representatives of the State of Michigan, That the incorporation of the "village Certain acts of Hillsdale," and the powers and duties of the president and trustecs legalized. of the village of Hillsdale, made and conferred by an act entitled “an act to incorporate the village of Hillsdale," approved March sixteenth, eighteen hundred and forty-seven, shall be as full and effectual as if the requirements of section three of said act had been in every respect complied with, and the duties, liabilities and powers of the officers of said incorporation, and the by-laws, ordinances and regulations for its government heretofore wade, and all the acts done in conformity thereto, shall be as valid and binding as if the organization under said act had been in every respect legal.

Sec. 2. This act shall take effect and be in force from and after its


Approved April 3, 1848.

No. 204.

of money

AN ACT to authorize the corporation of the village of Adrian to borrow money for the

purposes therein mentioned. Section 1. Be it enacted by the Senate and House of Representatires of the State of Michigan, That it shall be lawful for the presi- Cert'in suma dent and trustees of the village of Adrian to borrow, on the faith and may be credit of said village, any sum of money not exceeding twenty-five thousand dollars, for a term not exceeding thirty years, at a rate of interest not exceeding seven per centum per annum, and to execute bonds therefor, under the common seal of the corporation of said village, and


tors on pro.

ae atore,

the signature of the president: Provided, That no such loan or bonds shall be made as aforesaid until efter the sulject shall have been submitted to the electors for their approval or rejection. The bonds so to be executed may be for sums not less than five hundred dollars each, and not exceeding in the aggregate the sum of twenty-five thousand dollars : the said bonds to be in such form, and the principal and interest made payable at such places and times, not exceeding thirty years, as may be agreed upon by the lenders.

Sec. 2. For the purpose of determining whether said loan shall or Yote of elec: shall not be made, the electors of said village may, at the next ensuing posal to loan,

annual charter election in said village, vote thereon by ballot, and ere. ry ballot in favor of said loan shall have written or printed thereon the words " loan-yes," and every ballot against said loan shall have written or printed thereon the words - loan-no." All ballots given for or against such loan at such election, shall be received and counted by the inspectors of such election, in the same manner that other ballots are received and counted, and the result of such vote shall be certified by such inspectors, and no such loan as aforesaid shall be made, unless it shall appear from such certificate that a majority of the lawful electors voting at such election shall have voted in favor thereof.

Sec. 3. The money to be borrowed by authority of this act, shall be invested in such stock of the Adrian and Bean Creek plank road

company as may be created by law, and shall be used for no other sorroised.

purpose whatever; and for that purpose the president and trustees of
the village of Adrian, in the corporate name of said village, may sub-
scribe for or purchase such stock, to the amount of said sum of twenty-
five thousand dollars; and by virtue of said subscription or purchase
of stock, and upon receiving certificates or the transfer of certificates
for the amount of said said stock so by them to be subscribed for or
purchased, the president and trustees of said village shall acquire all
the rights and privileges, and be liable to the same responsibilities as
other owners of such stock.

Sec. 4. This act shall take effect immediately.
Approved April 3, 1848.

lavestceat of mcey

No. 205.

AN ACT to amend an act to provide for the draining of swamps,

marshes and other low lands.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That an act to provide for the draining of swamps, marshes and other low lands, be amended so that the commissioners appointed under and by virtue thereof, shall have pow

Act amended er to locate or relocate drains or to alter or vary the size thereof : Provided, That no such alteration or variation shall be made without the consent of the contractor. But if at any time said commissioners shall extend, alter, locate or relocate any drain, thereby increasing the expense of such drain, then and in such case they shall make report of their doings from time to time according to the facts, to the county court of the proper county, who shall in all cases act in accordance with the provisions of this act and the act to which this is amend. atory:

Sec. 2. Whenever any orders drawn by the commissioners shall be presented to the county treasurer, and there shall be no funds in his hands applicable to the payment thereof, the county treasurer shall indorse thereon the date of such presentation, with his signature there. to, and such orders shall draw interest from and after such presentation and endorsement.

Sec. 3. Whenever any drain shall be laid upon any public road, or where drains have been laid and roads shall hereafter be laid out be. side said drain, it shall be the duty of commissioners of highways and overseers of their respective road districts, to keep said drains open and free of all obstructions.

Sec. 4. If any person shall wilfully or maliciously obstruct or injure any drain laid out by and under the provisions of this or the act to which this is amendatory, he shall be subject to fine not exceeding ten dollars, together with such sum as will be required to repair said damage, and costs of suit ; which fine may be recovered in any action of debt at the suit of any one of said commissioners before any justice of the peace of the proper county. And when any recovery shall be had, and the same collected, it shall be paid the complainant and

by him deposited with the township treasurer in the township where such damage occurred, for the benefit of highways in such township.

Sec. 5. Section nine is hereby amended by inserting after the word “ taxes," in the eighth line, the words “but the Auditor General shall not be required to credit or pay to either of the counties, any such tax returned to his office until the same shall have been actually paid into the office of the State Treasurer for such taxes, or for the sale of the lands to individuals, or for the redemption or purchase of bids made by the state.” And all lands on which such tax or assessment shall not be paid, and which are returned to the Auditor General's office for the non-payment thereof, shall be advertised for sale, at the same time and in the same manner as county taxes, excepting that the amount of such tax or assessments shall be stated and advertised in a line separate and distinct from all other taxes, and if such tax assess. ment shall not be paid previous to the day of sale, and if, when said lands shall be offered for sale for such tax or assessment by the county treasurer, no person shall bid for the said lands a sum equal to the tax or assessment thereon, together with the interest and charges, then the said lands shall be bid off by the county treasurer for the county, and the county shall thereby become vested with the same rights, and be subject to the same liabilities that the state acquire or sustain in and for lands bid off by such treasurer for the state, and such lands may be redeemed, or they may be sold by the county treasurer in like manner, and with like effect as lands bid in by the state for taxes, and all deeds given by the county treasurer for any of said lands, shall be prima facia evidence of the regularity of all proceedings to the date thereof.

Sec. 6. This act shall take effect from and after its passage.
Approved April 3, 1848.

No. 206.

AN ACT to amend the revised statutes of eighteen hundred and


Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the act entitled an act for revi

utes amend



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sing and consolidating the general statutes of the state of Michigan, Revised statapproved May eighteenth, eighteen hundred and forty-six, be and the ed. same is hereby amended as follows :

Sec. 2. In chapter twenty-four, section twenty-one, after the word Chap 24, sec “portion,” in the second line, insert the words “over ten dollars.”

Sec. 3. Chapter twenty shall be amended by inserting in the fifth Chap 20, sec. line of the third section, after the word “interest,” “ either within or without this state." Sec, 4. Chapter sixteen shall be amended by adding at the end of

Chap 16, sec the fifty-fifth section, the words, “ unless the person selected shall file with the clerk of bis township, within said ten days, a written notice stating that he declines accepting the office."

Sec. 5. Chapter ninety-two shall be amended by so altering the Chap 92, sec proviso at the end of the second section, that it shall read—“ Provided, That when the office of county judge or second judge shall become vacant from any cause, such vacancy shall be filled at the first general election thereafter, or at any annual township meeting.”

Sec. 6. The thirty-second section of said chapter ninety-two shall Chap 92, sec. be amended by striking out the words " in fifteen,” in the last line of said section, and inserting the words “not less than ten nor more than fifteen." Sec. 7. Chapter ninety-three of the revised statutes of this state be

Chap 93, secs and the same is hereby amended as follows: Section ten shall be 10, 11 and 12 amended by striking out all after the word "attachment," in the third line, and inserting the words “ or writ of replevin.” The eleventh and twelfth sections of said chapter are hereby repealed.

Sec. 8. Chapter one hundred and twenty-three shall be amended in Chap 123, sections three and thirteen thereof, by inserting in each section, the words “his agent or attorney," immediately after the words, “ the person entitled to the possession of the premises."

Sec. 9. Chapter one hundred and fifty shall be amended by striking Chap 150, out sections forty four, forty-five and forty-six. Chap'er seventy-nine and 46. shall be amended by adding to the fourteenth section, to stand as clause Chap 79, sec four, the following: “By the purchaser of the title and right of redempion of the person against whom the execution issued.” Section

Chap 79, sec nineteen shall be amended by striking from the fifth line of said section the words, “and which shall be a lien and charge upon



sec's 3 & 13

sec's 44, 45



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