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their greatest proportion lying between such parallel lines and the
road aforesaid.

Sec. 3. That when any non-resident wishes to commute his road Commuta-
tax, hereafter to be assessed, his labor shall be expended on said
road, and the special commissioner by the provisions of this act
shall direct when, where and how the labor shall be performed.

Sec 3. That Eaton Branch, of the said county of Van Buren, be, Specir.com and he is hereby appointed special commissioner to disburse the duties, &c. moneys aforesaid, who shall have power to let or contract any job of work upon said road, first giving public notice thereof, by post. ing up notices at the most public places within the several town' ships, through which said road passes; such notices to be posted up at least ien days before the time of letting such contracts, and shall specify where the work is to be performed, the time limited for the performance, the time when and where the jobs will be let to the lowest bidder, who shall give bonds with one or more sufficient sureties, to the special commissioner for the faithful performance of said contract.

Sec: 5. It shall be the duty of the supervisor and assessors of the List of landa several townships, through which the said road passes, to make out, by superviat the time of making their assessment, a correct list of all ihe nonresident lands within the limits mentioned in the first section of this act, and deliver the same to the special commissioner, within thirty days thereafter, and it is made the duty of the special commissioner to file the same with the treasurer of the county, and it shall be the duty of the county treasurer 10 withbold from the sev. eral townships the moneys accruing on such non-resident lands.

Sec. 6. It shall be the duty of the special commissioner to ren- Annnal acJer to the board of supervisors of the county, at their annual session, commiser. a true account of the application and disbursement of the money he may have received each year.

Sec. 7. Before said special commissioner shall enter upon the Oath &bond duties of his office, he shall take the oath prescribed by the constitulion of this state, and file the same with the county clerk; he shall, before entering upon the discharge of the duties of his office, give a sufficient bond with one or more sureties, in double the amount of the non-resident tax in this act appropriated; such bond shall be

sor, &c.

of commis':

His Oompensation.

Vacancyhow filled &c.

approved by the county treasurer, county register, and judge of pro. bate, and be filed in the office of the county clerk.

Sec. 8. The special commissioner shall receive as a compensation for services, one dollar per day, when actually engaged in the business of such road, which amount shall be credited and allowed by the board of supervisors, and paid out of the sund created by this act, and the said board of supervisors, may require said commissioner to certify his account by affidavit.

Sec. 9. In case the said special commissioner shall neglect or refuse to take and file the oath of office required by this act, within ninety days after the passage thereof, such neglect shall be deemed a vacancy, and all vacancies which may happen by death, removal or otherwise, shall be filled by the board of supervisors, and any person so appointed, shall take and file the outh and bond as aforesaid.

Sec. 15. This act shall take effect and be in force from and after its

passage.
Approved March 29, 1849.

Act amend. ed.

[ No. 159. ] AN ACT to amend an act approved March nineteenth, eighteen

hundred and thirty-eight, vacating a portion of the village plat of Otsego.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That section two of the above recited aci, .approved March nineteenth, one thousand eight hundred and thirty-eight, be and the same is hereby repealed, and the original plat of said village, with its addition, as recorded, and Burlingham's addition, is hereby confirmed and legalized.

Sec. 2. The streets shall be the highways in said village, and Platt street is hereby extended north to the Kalamazoo river.

Sec. 3. This act shall take effect and be in force from and after

its passage.

Approved March 29, 1849.

Bioomid

[ No. 160.] AN ACT 10 vacate the village plat of the village of Bloomingrove

in the county of Berrien. Section 1. Be it enacted by the Senate and House of Representa- Plat of tives of the State of Michigan, That the village plat of the village grove vacaof Bloomingrove, in the county of Berrien, heretofore laid out on the north half of the north east fractional quarter of section No. nine, (9) and the north half of the north west quarter of section ten, (10) in township No. five (5) south of range nineteen (19) west, be, and the same is hereby vacated.

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

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[ No. 161. ] AN ACT 19 provide for draining certain low lands in the vicinity

of Detroit.

Whereas, It is represented and believed by the mayor, aldermen Preasobie. and freemen of the city of Detroit, that great and serious injury 10 the health of the citizens of said city results from the overflow of water on the low lands in rear of and adjacent to said city, thereby overflowing a large portion of the lots of ground on which buildingi are now being erected; and as the drains constructed, although or large dimensions, are by no means capable of carrying off, at once, the floods of water resulting from sudden rains or dissolving of snows, it follows that many cellars are filled with water and the debris thus carried into them, from which the injury 10 health, must be apparent; therefore,

Section 1. Be il enacted by the Senate and House of Represen- Com. Come tatives of the State of Michigan, That the common council of the front to cercity of Detroit, shall inquire into and certify whether any and what cance, &e. marsh, swamp, or olher low lands are a source of disease and injury to the public health of said city, and whether said public health will be promoted by draining the same; and if they shall so certify, shall file said certificate with the clerk of the moyor's court of said city. Sec. 2. The common council shall thereupon issue a summons Proenedine

werespon. direcled to the marshal of said city, sheriff, or any constable of the

cilor pe

09 view of premises.

county of Wayne, requiring him 10 summons nine reputable freeholders of such county, who are not interested in the lands

through which any ditch contemplated to be cut shall pass, nor in Jury of view

any wise of kin 10 the parties interested in the land, to be and appear on the premises at a certain time to be specified in such summons, not less than fifteen por more than twenty days from the . date thereof, which summons shall also direct the officer to serve the same, and give six days notice to the owner of such lands, of the time at which the jury is to appear; and which summons shall be executed and return made thereof, in the same manner and wib like uuthority, as upon services issued in cases pending before justices of the peace, and certify that the notice required has been

given. Prorrolling

Sec. 3. The mayor, or any alderman or justice of the peace thereto designated and required by the common council, shall atiend at the time and place specified in the summons, and if it apo pear that the notice above prescrib: d has beer given, and if six or more of the nine freeholders as alove specified shall then and there appear, he shall adininisier to each of them an oath or affirmation well and truly to examine and certify is regard to the benefits or damages which will result from the opening of said ditch or ditches.

Sec. 4. The common council shall deliver to the jury a map of the land through which said ditch or ditches are proposed to be opened, on which map the plan, lengih, width and depth thereo shall be particularly designated, with a space sufhient on each side to receive the deposit of the excavation; and thereupon ille jury shall personally examine the premises and hear any reason that may be offered in regard to the questions submitted to them; and if the jury shall be satisfied that the opening of said ditch or ditches is necessary or proper, they shall so certify in writing; and further certily, whether the benefits which will accrue to the owner of the lands for the opening of said ditch or ditches, will or not, be equal to any damages that he will sustain thereby; and if such benefits are certified not equal to the damages, the jury shall assess and certify the damages which in their judgment will be sustained by the

Ibid.

owner.

Inquisition.

Sec. 5. Such inquisition shall be signed by all the jurors, and de

maintain ditches.

livered to the mayor, alderman, or justice in attendance: and for all services rendered, the same fees shall be paid as are allowed for similar services in cases tried before justice of the

peace. . Sec. 6. Upon the delivery of the certificate of the jury to the may Entry on

premis's auor, alderman or justice in attendance, which certificate, together with thorized,ko the inquisition and map shall be filed with the clerk of the common council, and upon payment of cost of proceedings, and payment or tender of the damages assessed by the jury, if any, it shall be lawful for the common council in enter by their agent, teams and necessary implements, upon said lands, and cut and open such ditch or ditches, designated on said map, as adopted and sanctioned by such jury, not deterioating materially from the dimensions there laid down,

Sec. 7. After said ditch or ditches shall have been opened, it Right?? shall be lawful lor said common council, their successors or agent, forever thereafter, from time to time, as it shall be necessary, to enter the lands through which the same are opened, and clear and scour such ditch or ditches, so as to preserve the original dimensions thereof.

Sec. 8. Any person who shall in any way obstruct or injure any Trespueses diich or ditches so opened, shall be liable to pay the common council aforesaid double the damages that shall be assessed by the jury for such injury, and in case of a second or other subsequent offence by the same person, :reble such damages.

Sec. 9. If any person, sunioned to attend as a juror, in accord. Enilure to ance with the provisions contained in section two of this act, shall rur, finealien fuil or neglect to attend at the time and place specified, unless satisfactory excuse be given for such non-attendance or neglect, he shall be liable to a fine of five dollars, which may be imposed by the otlicer who shall officiate at the swearing of the jury, which officer may order such delinquent juror to be imprisoned until such fine is fully paid.

Sec. 10. This act shall take effect and be in force from and alier its passage.

Approved March 29, 1849.

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