tained by such detention, before any court of competent jurisdiction, with costs of suit.

Sec. 4. If at any time hereafter, the water should be required to be drawn from said river for the purposes of internal improvement or navigation, it shall not be lawful for said Aldrich, or any person or persons owning said dam to claim or recover damages therefor.

Sec. 5. This act shall take effect from and after its passage. The legislature may at any time alter, amend or repeal this act. Approved March 28, 1849.

Act amended.

Speci'l com

[ No. 153. ]

AN ACT to amend an act entitled "an act appropriating certain Internal Improvement lands for the purpose of improving a state road leading from the village of St. Joseph in Berrien county, to the village of Lagrange in the county of Cass."

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That an act entitled "an act appropriating certain internal improvement lands for the purpose of improving a state road leading from the village of St. Joseph in Berrien county, to the village of Lagrange in the county of Cass," approved March twenty-eight, eighteen hundred and forty-eight, be, and the same is hereby amended by adding at the end of section one, the following:

"William B. Gilbert, Isaac Williams, and Mitchell Robinson are hereby appointed commissioners with authority to make such alterations in said road, east of section thirty-six in town five south. of range seveeteen west, as they may deem for the interest of said counties," and the land appropriated by the act to which this is amendatory shall be laid out and expended upon said road as altered by said commissioners.

Sec. 2. Mitchell Robinson is hereby appointed a special commis misioner. sioner under the act to which this is amendatory, with full power to select. lay out, and expend the land appropriated by said act. The selection of said lands shall be made on or before the first day of September next, and the land when so selected, shall be reserved from sale by the commissioner of the land office upon notice to him by said special commissioner.

Sec. 3. All acts or parts contravening the provisions of this act or the act to which this is amendatory shall be null and void.

Sec. 4. This act shall take effect and be in force from and after its passage.

Approved March 28, 1849.

Repeal.

[ No. 154. ]

AN ACT for the improvement of the state road leading from the village of Portland, in Ionia county, to the Grand river road in the county of Clinton.

appro

certain roid

Section 1. Be it enacted by the Senate and House of Represen- Highway tatives of the State of Michigan, That all the non-resident high-priated on way taxes assessed for the year A. D. 1848 that shall remain unexpended on the first day of May next, and all of the non-resident highway taxes which shall be assessed for the years A. D. 1849 and 1850 and 1851 upon non-resident lands within two miles on each side of the state road leading from the village of Portland, Ionia county, via Isaiah G. Frost and George W. Wilson, in the township of Danby, to the Grand river road in the township of Eagle, Clinton county, be and the same are hereby appropriated for the improvement of said road, to be expended as hereinafter provided.

ton.

Sec. 2. That when any non-resident wishes to commute his road Commutatax, hereafter to be assessed, his labor shall be expended on said road, and the special commissioners appointed by this act, each acting within his own county, shall direct when, where and how the labor shall be expended.

commise'r";

and duties.

Sec. 3. That James Newman of Portland, Ionia county, and Special William F. Jenison of Eagle, Clinton county, be, and they are their powers hereby appointed special commissioners to disburse the monies to be received for said highway taxes, in their respective counties, who shall have power to let or contract any job of work upon said road, first giving public notice thereof, by posting up notices at the most public places within the several townships through which said. rond passes, which said notices shall be posted up at least ten days before the time of letting such jobs or contracts, and shall state where the work is to be performed, the time limited for the performance, the time when and the place where the jobs will be let

Ibid.

Oath & bond

to the lowest bidder, who shall give bonds with one or more suffi cient sureties to the special commissioners for the faithful performance of his contract.

Sec. 4. It shall be the duty of the special commissioners to make out a correct list of all the non-resident lands designated by the first section of this act, and file the same with the treasurers of their respective counties wherein those lands are located, and it shall be the duty of the county treasurers to withhold from the several townships the monies accruing on such non-resident lands, and pay over the same to the special commissioners respectively.

Sec. 5. It shall be the duty of each special commissioner to render to the board of supervisors of his county, at their annual session, a true account of the application and disbursement of all monies he may have received each year.

Sec. 6. Before said special commissioners shall enter upon the duof comm'rs. ties of their office, they shall take the constitutional oath, and file the same with the clerks of their respective counties, and before they shall draw any monies from the county treasurers, they shall each give a bond to the treasurers of their respective counties, with one or more sufficient sureties, in double the amount of the non-resident highway taxes which may come into their hands respectively under the provisions of this act, conditioned for the faithful performance of their duties under the provisions of this act, and in default thereof it shall be the duty of the said treasurers to prosecute said bond in the same manner as bonds are prosecuted against county offi

Compensa

tion of com

cers.

Sec. 7. Each of said special commissioners shall receive as a missioners. compensation one dollar per day when actually engaged in his ap propriate duties, which amount shall be audited and allowed by the board of supervisors of his county, and paid out of the fund created by this act, and said board of supervisors may require his account to be certified by affidavit.

Vacancyhow filled, $0.

Sec. 8. In case the said commissioners, or either of them shall neglect or refuse to take and file the oath of office required by this act, within four months after the passage thereof, such neglect shall be deemed a vacancy, and all vacancies shall be filled by the board of supervisors, or a majority of them, of the counties of Ionia and Clinton respectively, and any person so appointed shall take and file the oath and bond as aforesaid.

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

its passage.

Approved March 28, 1849.

[No. 155. ]

AN ACT to authorize the commissioners of highways of the township of Pulaski, in the county of Jackson to discontinue and alter a state road in said township.

Aiteration

authorized.

Section 1. Be it enacted by the Senate and House of Representa of state read tives of the State of Michigan, That the commissioners of highways of the township of Pulaski in the county of Jackson, are hereby authorized and empowered to alter all that part of the highway known as the state road which passes on the line between sections twenty-three, twenty-six, twenty-nine, nineteen and thirty, in said township, by running it on the north side of section twenty-six and the south side of section nineteen and twenty on the most eligible

route.

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

Approved March 28, 1849.

[ No. 156. ]

AN ACT to provide for the service of writings, processes and no tices, in certain cases, upon persons in the employ of certain corporate companies.

process on

Section 1. Be it enacted by the Senate and House of Represen- Service of tatives of the State of Michigan, That whenever, in any suit or railroad O proceeding, either in law or equity, it shall become necessary to serve any process, notice or writing upon any railroad company in this state, it shall be sufficient to serve the same upon any conductor of a freight or passenger train of cars, or upon any weigh-master at any station or depot along the line, or at the end of the railroad of such company; and such service shall be deemed as good and effectual as if made on the officers, stockholders or members, or either of them, of said company.

its

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

passage.

Approved March 28, 1849.

S. D. No. 1, White Lake

[No. 157. ]

AN ACT for the dissolution of certain school districts in the county of Oakland.

Section 1. Be it enacted by the Senate and House of Represen dissolved. tatives of the State of Michigan, That fractional school district number one in the township of White Lake, and county of Oakland, and fractional school district number three in the township

of Commerce, in said county, are hereby dissolved.

its

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

Approved March 29, 1849.

[No. 158. ]

Appropriation of N.R. highway

taxes on cer1ain road.

What descriptions shall be

deemed ap

of

AN ACT appropriating certain highway taxes for the improvement of a road leading from Paw Paw, to Breedsville, by the way Lawrence, in the county of Van Buren.

Section 1. Be it enacted by the Senate and House of Represen taires of the State of Michigan, That all the non-resident highway taxes which shall be assessed upon non-resident lands within two miles on each side of the main traveled road from the village of Paw Paw to the village of Lawrence, known as section line road, be and the same is hereby appropriated for the improvement of said road, and that all the non-resident highway taxes which shall be assessed upon non-resident lands within two miles on the east side, and one mile on the west side of the main traveled road from the village of Lawrence, a northwesterly course to the south corner of sections thirty-two and thirty-three, in town two south of range teen west, thence north on the section line to the village of Breeds ville, be and the same is hereby appropriated for the improvement of said road, for the period of three years from the passage of this act, to be expended as hereinafter provided.

Sec. 2. That when the lines running parallel to said road as pro vided in the first section of this act, shall intersect any legal sub propriated. division of land, as usually sold at the United States land office, the non-resident highway taxes of all such sub-divisions, and such only, all be appropriated for the purpose mentioned in this act as have