served.

Sec. 5. Nothing herein contained shall authorize the persons Rights renamed in the first section of this act, their heirs or assigns to enter upon or flow the land of any person or persons without their consent, and the legislature may at any time hereafter, alter, amend or repeal this act.

Sec. 6. This act shall take effect and be in force from and after

its passage.

Approved February 28, 1849.

[No. 51. ]

AN ACT to amend an act entitled "an act to incorporate the New Baltimore and Romeo Plank Road Company," approved April 3, 1848.

incre and

road com

amended.

Section 1. Be it enacted by the Senate and House of Represen- New Balitatives of the State of Michigan, That the act entitled an act to in- Romeo prx corporate the New Baltimore and Romeo plank road company, ap- pany charer proved April 3, 1848, be, and the same is hereby amended by striking out in the first section thereof the names of "Aldis L. Rich," and "Asahel Baily," and insert therein the names of "Alfred Ashley, Junior," and "Joseph Hubbard," so that said section two, when amended, will read as follows:

"Section 1. Be it enacted by the Senate and House of Representatives of the state of Michigan, that Alfred Ashley, Alfred Ashley Junior, and Joseph Hubbard, be and they are hereby appointed commissioners under the direction of a majority of whom, subscriptions may be received to the capital stock of the New Baltimore and Romeo plank road company, and the subscribers thereto, and such persons as shall associate with them for that purpose, their successors and assigns, shall be and they are hereby created a body corporate and politic, by the name and style of the New Baltimore and Romeo plank road company, with corporate succession."

Sec. 2. The second section of said act is hereby amended by striking out the words "St. Clair," in the third line of said section and inserting therein the word "Macomb," so that said section two, when amended, will read as follows :

"Sec. 2. Said company hereby created shall have power to lay out, establish and construct a p'ank road and all necessary build

Ibid.

Ibid

See repeal'd

Time for re

ings, from the village of New Baltimore, now Ashley, in the county of Macomb, on the most eligible route to the village of Romer, in the said county of Macomb. "

Sec. 3. That said company are hereby authorized to erect toll gates on said road when the same shall be completed from the village of Ashley to the Fort Gratiot turnpike, and are hereby authorized and empowered to colleet and receive tolls upon said road when so completed, pro rata, according to the distance, pursuant to the act relative to plank roads, approved March 13, 1848.

Sec. 4. That section five of the act to which this act is amendatory, be and the same is hereby repealed.

Sec. 5. That the time for commencing proceedings, opening ceiving sub- books and receiving subscriptions under the act to which this act is amendatory, is hereby extended for the term of two years from and after the passage of this act.

scriptions

extended.

Sec. 6. That the provisions of an act entitled an act relative to plank roads, approved March 13, 1848, shall be and they are hereby made a part of this act, and the act to which this act is amendatory.

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

Approved February 28, 1849.

Chap. 38 of

R 9 amend

ed.

Distinction

between

may be restored in

[No. 52. ]

AN ACT to amend chapter thirty-eight of the revised statutes of eighteen hundred and forty-six.

Section 1. Be it enacted by the Senate and House of Representalives of the State of Michigan, That chapter thirty-eight of the revised statutes of eighteen hundred and forty-six be, and the same is hereby amended by adding thereto a section to be numbered thirty-four, as follows:

Sec. 34. Whenever, at the annual meeting of the board of sutown and pervisors of any county, two thirds of all the supervisors elected county poor shall vote to restore the distinction between town and county poor, a record of such vote shall be made by the clerk of such county, and thereafter the system of maintaining the poor by townships, as it existed by law on the twenty-eighth day of February, A. D. one

certain ca

thousand eight hundred and forty-six, shall be deemed as adopted and of force in such county: Provided, That by a similar vote of two-thirds, the supervisors of such county may restore the provisions of chapter thirty-eight of the revised statutes.

ney rec'd by

to be paid to

rer.

Sec. 2. That all monies received by the clerks of each township License mounder the provisions of section twenty-three, chapter forty-one town clerks of the revised statutes of one thousand eight hundred and forty- Co. treasusix, shall be paid over by such clerk to the county treasurer within thirty days after the receipt thereof, and the county treasurer shall give the person paying such money a receipt for the amount paid in the name of the township from which it was received, and said treasurer shall credit said township with the amount of money received which shall apply on account of any charges made against such township for the relief and support of their poor as is provided by law.

charged or

with certain

license mo

Sec. 3. If any township shall not be charged with the relief cr Townships support of any township poor by the time of the annual meeting of credited the board of supervisors in each year, or if the charges made by the balance of county treasurer against any township do not amount to the sumneys. or sums paid into the treasury by such township, then the balance found due each township respectively up to that time shall be deducted from the amount of state and county tax apportioned to cach of the respective townships to which the county treasurer stands

indebted.

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

Approved March 1, 1349.

[No. 53. ]

AN ACT to provide for obtaining returns from the Prosecuting Attorneys of the several Counties in the State of Michigan, and for other purposes.

torney gen'l

ing blanks.

Section 1. Be it enacted by the Senate and House of Representa- Duty of attives of the State of Michigan, That the attorney general be, and in furnishhe is hereby required to furnish to the several prosecuting attor neys in the state of Michigan all necessary blanks, to enable them to make uniform reports in conformity to the provisions of the fifty

sixth section of chapter fourteen of the revised statutes of eighteen hundred and forty-six.

Approved March 1, 1849.

Dam sutho

Helgbt and

description of dan.

Rights of persons and

versity fund reserved.

[ No. 54. ]

AN ACT authorizing the erection of a dam across Flat river.

Section 1. Be it enacted by the Senate and House of Represen tatives of the State of Michigan, That Cyprian S. Hooker be and he is hereby authorized to erect and maintain a dam across Flat Liver, on section two, town six north of range number nine west. Sec. 2. That said dam shall not be more than five feet in height and shall have constructed therein a shoot or slide, so as to permit the free passage of all boats, rafts and other water crafts, navigating said river, which shoot or slide the said Cyprian S. Hooker, his heirs or assigns, shall keep in good repair.

Sec. 3. The legislature may at any time, alter, amend or repeal this act.

Sec. 4. Nothing herein contained shall permit the said Hooker of the uni-, to enter upon or to flow the lands of any other person or persons, without the consent of such person or persons, Provided, That if the dam shall flow any part of the university lands, the said Hooker shall pay the minimum price per acre for the land so flowed; that said land shall be surveved by the county surveyor of Kent county, at the request and at the expense of the said Hooker; and when said land shall be so surveyed, the said surveyor shall give to said Hooker a certificate under his official signature, setting forth the number of acres so flowed, and a description thereof, by routes and bounds, courses and distances, and upon presentation of said certificate, and payment for said lands, at the priceaforesaid, to the commissioner of the land office, within nine months from the date of this act, the said Hooker shall be entitled to a certificate and patent, pursuant to the law regulating the sale of the university lands.

Sec. 5. 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 the said Hooker, his heirs er assigns, to recover any damages therefor.

Sec. 6. This act shall take effect and be in force from and after

its passage.

Approved March 2, 1949.

[No. 55. ]

AN ACT to amend an act entitled "an act to incorporate the Flint and Saginaw Navigation Company."

inaw Navi

pany char

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That section three of an act en- Flint & Sagtitled an act to incorporate the Flint and Saginaw navigation com gation company be amended by inserting after the words "the Shiawassee ser amended river," "and the said company shall also have power to construct a canal, from some point on the Flint river, to some point on the Cass river, and to make such improvements in the Cass river as will render the same navigable, according to the provisions of this act."

Sec. 2. That section six of said act be amended by striking out all of said section after the words, "if the said corporation shall not," and inserting the words "on or before the first day of October, in the year of our Lord one thousand eight hundred and fifty-two," expend one-tenth part of the capital stock in the works necessary for navigating said river, and within seven years thereafter complete the clearing, locking and daming of said river, so that it shall become navigable as aforesaid from the village of Flint to the mouth of said river, or by a canal to the Cass river, then said company shall forfeit all rights to so much of said river as shall not be improved.

Approved March 2, 1919.

Ibid.

[No. 56.]

AN ACT to amend the charter of the city of Det.oit.

Detroit au

Section 1. Be it enacted by the Senate and House of Represen Common tatives of the State of Michigan, That in addition to the tax now council of authorized to be levied by the charter of said city, the common coun- thorized to cil of said city shall have power in the manner prescribed by the tax said charter, or any amendment thereof, to cause to be levied and collected, a sum not exceeding sixteen thousand dollars, as follows:

levy certain