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When com

pany may erect toll

gates, &c.

Time for commenci'g

&c., extend

proved April 3, 1848, be, and the same is hereby repealed. Sec. 2. Whenever the said company shall have completed two miles of said road, from the point of termination in the village of Mt. Clemens, the said company is hereby authorized and empowered to erect toll gates upon the same, and to charge, collect and receive tolls for traveling upon the same, pro rata, according to the distance, pursuant to the act relative to plank roads, approved March 13, 1848: Provided, said company shall finish two and one half miles of said plank road, in each and every succeeding year after the erection of said gates.

Sec. 3. The time for commencing proceedings, opening books, proceedi'gs and receiving subscriptions under the act to which this act is amended for 2 y'rs. atory, is hereby extended for the term of two years from and after the passage of this act; and all proceedings heretofore had by said company under the provisions of the act to which this act is amendatory, for the purpose of constructing the road therein mentioned, are hereby declared to be legal, so far as the same has been conducted in conformity to the provisions of the act to which this is amendatory, and to the act entitled "an act relative to plank roads," approved March 13, 1848, and shall have the same force and effect as if commenced within six months from the third day of April, eighteen hundred and forty-eight.

General pro

visions. Sec. 4. The provisions of an act entitled an act relative to plank roads, approved March 13, 1848, shall be, and are hereby made a part of this act, and of the act to which this act is amendatory, except so far as the provisions of the said act relative to plank roads, may contravene the provisions of this act.

Sec. 5. This act shall take effect and be in force from and after

its passage.

Approved February 24, 1849.

[ No. 46. ]

AN ACT to authorize Norman A. Harrington, of the county of
Ingham, to convey certain real estate.

Harrington

to sell cer

tate under

prob'e judge

county.

Section 1. Be it enacted by the Senate and House of Represen- Norman A. tatives of the State of Michigan, That Norman A. Harrington, a authorized minor, of the county of Ingham, and state of Michigan, be, and tain real esbe is hereby authorized and empowered to sell and convey all his approval of interest in and to the following described pieces or parcels of land, of Ingham situate, lying and being in the county of Ionia, and state of Michigan aforesaid, viz: "commencing at the west corner of what is known as the old grist-mill building on lot number eight (8) in the village of Portland, thence southerly along the west side of said building to the south corner of said building, thence easterly along the race of said mill to Grand river, thence along the Grand river westerly to the upper or west end of what is recorded as the hydraulic reserve, thence along the south end of said reserve to Canal street, opposite to lot number forty-eight, (48) thence along Canal and Water streets to the place of beginning, including the whole hydraulic reserve, with all the water power belonging to the said piece or parcel of land above described, with the right of flowing banks, as secured in former deeds executed by Martha A. Wadsworth and Oscar P. Shoff;" "also two and an half acres of land situated at the south end of the mill-dam erected by A. S. Wadsworth, being the same two and a half acres reserved by said Wadsworth in his deed to Cyrus Curtis, out of the south-east fraction of the north-west quarter of section thirty-three, (33) in town six (6) north of range five (5) west, in as good, sufficient and ample manner as if said Norman A. Harrington were of full age: Provided, That no such conveyance shall be of any effect, unless the Judge of Probate of said county of lonia shall, under his hand and seal of his office, certify upon the back of said conveyance his approval of the same, and said approval shall be recorded with the deed.

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

Approved February 27, 1849.

Act amen

49 chap. 154

red.

[ No. 47. ]

AN ACT to repeal Section Twelve of "An Act to amend the revised statutes of one thousand eight hundred and forty-six," approved April third, one thousand eight hundred and forty eight, and to restoresection forty nine of chapter one hundred and fifty four of the Revised Statutes.

ap

Section 1. Be it enacted by the Senate and House of Represen ded and sec, tatives of the State of Michigan, That section twelve of an "act to of RS resto amend the revised statutes of eighteen hundred and forty six," proved April third, one thousand eight hundred and forty-eight, be and the same is hereby repealed, and section forty-nine of chapter one hundred and fifty-four of Revised Statutes is hereby revived and reinstated.

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

Approved February 27, 1849.

Dam authorized.

Description

[No. 48. ]

AN ACT to authorize Townsend North to build a dam across Cass

River.

Section 1. Be it enacted by the Senate and House of Represen tatives of the State of Michigan, That Townsend North, his heirs or assigns, are hereby authorized and empowered to build and maintain a dam across the Cass river, on section seven, town eleven north, range seven east, in the county of Tuscola.

Sec. 2. The said dam shall contain a convenient slide or sluice of dam. for the passage of logs, and the owners thereof shall, whenever the

bilities of

county court of said county, or of Saginaw county, shall so order,

place in said dam a convenient lock not less than twenty feet wide and one hundred feet in length, for the passage of boats, barges Duties & lia- and other water craft navigating said river: the owners of said owners, &c. dam shall keep said lock in good repair and shall pass all boats or other water craft through the same, free of toll or expense to the owner thereof and without delay; and any person who shall be so detained shall be entitled to recover of the said owners the damages which he shall prove he has sustained by such detention, before any court of competent jurisdiction, with the costs of suit.

on dani, &c.

Sec. 3. Any person or persons who shall destroy or in any wise Trespassers injure said lock, dam or slide, shall be deemed to have committed a trespass against the owners thereof, and shall be liable accordingly; and any person or persons who shall wilfully and maliciously. destroy or injure the said lock, dam or sluice, shall be deemed guilty of a misdemeanor, and on conviction, be punished by fine or imprisonment, in the discretion of the court.

persons re

Sec. 4. Nothing herein contained shall authorize the said North, Rights of his heirs or assigns, to enter upon or flow the lands of any other served. person or persons; and the legislature may, at any time, alter, amend or repeal this act.

Sec. 5. This act shall take effect and be in force from and after

its passage.

Approved February 28, 1849.

[No. 49. ]

AN ACT to authorize the Assessors of the second ward in the city of Monroe to levy a certain Tax.

2nd ward of

levy a cer

1819.

Section 1. Be it enacted by the Senate and House of Representa Assessor of tives of the State of Michigan, That the assessor of the second Mource, to ward in the city of Monroe, is hereby authorized and required to tain tax for levy and enter upon the annual tax roll of said ward for the year one thousand eight hundred and forty-nine, in addition to the regular annual tax, the further sum of one hundred and forty two dollars sixty-six cents, against and upon the following described property in said ward, to wit: stone house and lot bounded north by the river Raisin, south by front street, east and west by Primrose, which said sum of one hundred and forty two dollars sixty-six cents shall be collected in the same manner and at the same time that the taxes for the year one thousand eight hundred and forty-nine are collected, and when so collected, shall be paid over as directed by the warrant of the assessor of said ward appended to the tax roll of the year one thousand eight hundred and forty-seven.

Approved February 28, 1849,

Dam authorized.

Duties of

owners, &c.

Il id.

Trespasses

[ No. 50. ]

AN ACT to authorize Almeron Newman, James Newman, Peter M. Kind, Asa C. Davis, and William D. Disbro, to build a dam across Grand River, in the county of Ionia.

Section 1. Be it enacted by the Senate and House of Represen tatives of the State of Michigan, That it shall be lawful for Almeron Newman, James Newman, Peter M. Kind, Asa C. Davis and William D. Disbro, 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 section thirty-three in town six north of range five west, in the county of Ionia.

Sec. 2. The owners or occupants of said dam shall construct a good and convenient lock, at least eighty feet long and eighteen feet wide, for the passage of all boats, barges, rafts or other water craft that may navigate said river, and the said lock 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 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 being 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 convenient passage of all craft navigating said river.

Sec. 3. It shall be the duty of the owners or occupants of said dam at all times to keep said lock and shute in good repair, and to pass any water craft through the dam free of tolls and without unnecessary delay; and any person who shall be detained, shall be entitled to recover of the said owners or occupants of said dam, double the amount of damages which he shall prove he has sustained by such detention, before any court of competent jurisdiction, with the costs of the suit or suits.

Sec. 4. Any person who shall destroy or in any wise injure said oa dam &c. dam, lock or sluice, shall be deemed to have committed a trespass on the owners or occupants thereof, and be liable accordingly; and any person who shall wilfully or maliciously destroy or injure the said dam, locks or sluice, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by fine and imprisonment, in the discretion of the court.

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