[ No. 247. ] Streets and ron vaca ted. AN ACT to vacate certain streets and an alley in the village of Section 1. Be it enacted by the Senate and House of Represnalley in By- tatives of the State of Michigan, That so much of Hamilton street as lies between blocks fifteen and twenty-two running from Saginaw street to the Shiawassee river, and so much of Emmet street as runs from Saginaw street to Shiawassee river, situate between blocks number eighty-three, eighty-four, ninety-three and ninetyfour; also an alley running between said blocks number ninetythree, ninety-four, eighty-three and eighty-four, in the village of Byron in the county of Shiawassee, be and the same are hereby vacated, and the land formerly laid out for the use of said streets and alley shall revert to the owner or owners of village lots lying -contiguous to the same: Provided, The consent in writing of the owners of land adjoining the said streets and alley be first had and obtained and recorded in the office of the register of deeds of said county. Proviso. Appropria highway tain road. Sec. 2. This act shall take effect and be in force from and after its passage. Approved April 2, 1849. [No. 248. ] AN ACT to create a road fund for the benefit of the main Road between Jackson and Lansing, and to authorize the appointment of a Commissioner to expend the same. Section 1. Be it enacted by the Senate and House of Represen tion of N R tatives of the State of Michigan, That for the purpose of improtaxes on cerving the road leading from Lansing, in Ingham county, by way of Mason, to Jackson, in Jackson county, there is hereby appropriated to be expended, as hereinafter provided, the unexpended highway tax which was assessed for the year eighteen hundred and fortyeight, and all the highway tax which may be assessed for the present year, and for the three next succeeding years, upon the lands owned by non-residents upon the line of said road, within a distance of two miles each way from the centre thereof; Provided, That if any lot or description not exceeding eighty acres of land (owned by non residents as aforesaid,) shall be partially embraced within said limits, and extend beyond said two miles, the highway tax upon said description, shall be deemed appropriated as aforesaid. Special coin'r-his Sec. 2. For the purpose of carrying into effect the provisions of this act, the governor is hereby authorized to appoint a special powers, &c. commissioner; and said special commissioner, in expending the moneys that may be subject to his control by the provisions of this act, shall be governed by the laws, so far as the same may be applicable, which are now or may hereafter be in operation for the gov ernment of township highway commissioners: and said special commissioner, before entering upon the duties of his office, shall take and subscribe an oath to faithfully perform the duties herein assigned him, and file the same in the office of the county clerk of his county. Sec. 3. It shall be the duty of said special commissioner, on or before the first day of May next, to make out a list of all non-resident lands coming under the provisions of this act, upon the line of the road, and deliver the same to the treasurer of Ingham county, who shall thereupon open an account with the Jackson and Lansing road fund, and credit to said fund all moneys then in his hands or which may thereafter be paid into his office as non-resident highway taxes upon any of the lands described in said lists, and which are within the purpose of this act, and shall charge said fund with all moneys which may be drawn from it by the said special commissioner, in pursuance of the provisions of the next section of this act. List of N R lands, &c. contractors Sec. 4. It shall be the duty of said special commissioner, in pay- Payment of ment for any labor performed or materials furnished in the improve. and others. ment of said road under his direction, 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 upon the Jackson and Lansing road fund, and it shall be the duty of the county treasurer of that county to pay the same out of any moneys belonging to said fund which is derived from the taxes which come under the provisions of this act. Sec. 5. Said special commissioner shall be entitled to receive a sum not exceeding one dollar per day for the time actually em Compensa- ployed by him in discharging the duties which this act imposes upon tion of com and audit missioner, him, and his account for the same verified by his oath, shall be auand allow-dited by the board of supervisors of Ingham county and shall be paid anse there of. Vacaneics, how filled. out of any moneys belonging to the Jackson and Lansing road fund in the treasury of that county. Sec. 6. In case of the death, resignation or refusal to serve, of any commissioner appointed under this act, the governor is authorized to appoint another, whose duties and obligations shall be the same as if originally appointed, Sec. 7. This act shall take effect and be in force from and after its passage. Approved April 2, 1849. [ No. 249. ] Ejectment suite may be AN ACT giving the Circuit Courts jurisdiction in actions of Eject ment. Section 1. Be it enacted by the Senate and House of Represen brought in talives of the State of Michigan, That actions of ejectment may eireuil court Comm'rs to road. be brought in the circuit court for the county wherein the lands sought to be recovered, are situated, and proceeded in agreeable in all things to the provisions of chapter one hundred and eight of the revised statutes of eighteen hundred and forty-six, except that no jury shall be required to try the same unless demanded by one or other of the parties to the suit prior to the day of trial, or unless ordered by the court, and in case no jury be empanneled for the trial, such cause shall be tried by the court in the manner intenced by section four of chapter one hundred and three of said revised statutes, "when the parties agree in writing to dispense with a jury." Approved April 2, 1849. [ No. 250.] AN ACT to lay out a certain State Road. Section 1. Be it enacted by the Senate and House of RepresentaLay out state tives of the State of Michigan, That George Martin, Robert Verney, and Frederick Guif, be and they are hereby authorized and appointed commissioners to lay out and establish a state road on the most eligible route from some point on the lake St. Clair, in the township of Grosse Point, in the county of Wayne and state of Michigan, northwesterly to the Gratiot road, so called. liable, &c. Sec. 2. The expense of laying out said road, shall in no way be State not chargeable to the state, and the acts of a majority of said commissioners shall be valid. Duty of Sec. 3. It shall be the duty of said commissioners to cause a survey of said road to be made and recorded in the office of the commiss'rs. township clerk of said township, which survey shall be certified to by them. damages. Sec. 4. The owners of lands through which said road may pass, Appraisal of shall be entitled to an appraisal and assessment of damages, and to compensation therefor, in the same manner in every respect as if such road was laid out by the highway commissioners of said town. ship. cert'in high Sec. 5. It shall be the duty of the highway commissioners of said Duties of township to open and work said roads in the same manner and by way com'rs. virtue of the same laws as township roads are required to be opened and worked: Provided, The right of way be first obtained as provided in this act. Sec. 6. This act shall take effect and be in force from and after its passage. Approved April 2, 1849. [No. 251. ] AN ACT to incorporate the Pittsburgh and Isle Royal Mining Company of Pittsburg. tion. Section 1. Be it enacted by the Senate and House of Represen- Incorporatatives of the State of Michigan, That John Irwin, William F. Irwin, John A. Forsyth, Waterman Palmer and John K. Finley and others who shall become associated with them, are hereby constituted a body corporate by the name of the Pittsburgh and Isle Royal mining company of Pittsburgh, for the purpose of mining, smelting and manufacturing ores, minerals and metals, in Isle Royal of the state of Michigan. real estate of company Sec. 2. The said company shall have corporate succession, its Capital and capital stock shall be one hundred and fifty thousand dollars, divided into six thousand shares of twenty-five dollars each, and the said Officers and assessments on shares. State inx & port. company may acquire and hold such real and personal estate in Isle Royal of Michigan, as the business of the company may require, to an amount not exceeding the sum of one hundred and fifty thousand dollars. Sec. 3. The officers of said company shall consist of a president, a board of five directors, each owning in his own right not less than ten shares of stock, of whom the president shall be one; a secretary and treasurer, who may, at the pleasure of the company, be one and the same person; and the said company may levy assessments on the shares of its stock and forfeit and sell the same for non-payment of any such assessment in such manner as said company may by its by-laws prescribe: Provided, That one of the directors of said company shall at all times be a citizen and resident of the state of Michigan, upon whom service of all process against said company may be made, and the same shall be deemed a valid service thereof upon said Pittsburgh and Isle Royal mining company of Pittsburgh: Provided, That until the first annual meeting of the said company after its organization under this act, John Irwin, William F. Irwin, John A. Forsyth and Waterman Palmer of Pittsburgh, and John K. Finley of Niles, shall be and continue, and they and their successors are expressly constituted, directors of said company, and shall have and exercise all the powers and be subject to all deties and restrictions imposed on the directors to be chosen under this act. Sec. 4. The said company shall pay to the treasurer of the state annual re- of Michigan an annual tax of one per centum on the whole amount of capital actually paid in upon the capital stock of said company. and also upon all sums of money borrowed by said company, which tax shall be paid on the first Monday of July in each year, and shar be assessed upon the last preceding report of said company; and for that purpose, the president and secretary thereof, shall, on the first day of January in each year, or within fifteen days previous therete, make, under their hands, a return to the state treasurer, verified by their several oaths, stating the amount which has been actually paid in on the capital stock of said company, and also the whole amount of money which at any time has been borrowed by said company, and said tax shall be in lieu of all other taxes on the personal property of said company, and in lieu of all other taxes |