Bvidence of town offic'r8

raster.

Sec. 2. Whenever it shall become necessary in any court of law

official cha- or equity, to prove the election of any supervisor, township clerk, justice of the peace, or other officers of said township, evdience that such person acted in that capacity shall be deemed prima facia of his election to such office, and of his qualification according to law.

Highways legalized.

When parol evidence of

town record

180

Sec. 3. The preceding section shall bo so construed as to include all officers acting as such in and for said township, since March twenty-third, eighteen hundred and thirty-six.

Sec. 4. All highways in said township that have heretofore been and now are opened and traveled, or upon which any highway money or labor has been expended by the commissioners or overseers of highways in the year eighteen hundred and forty-eight, shall be deemed to have been legally laid out.

Sec. 5. Whenever it shall be made to appear in any court of law lost paperor or equity, that any paper on file in, or record belonging to, the Lay be giv- clerk's office in said township has been destroyed by fire, oral evidence of the contents thereof may be proved in the same manner and with the like effect as in the case of a lost note or other paper. Sec. 6. Parol evidence may also be given of the opening and traveling of any highway in said township and of the expenditure of money or labor upon any such highway by the commissioners or oversors as mentioned in section four of this act.

Highway.

Duties of di

school dis

TOWD.

Sec. 7. It shall be the duty of the directors of the several school rectors of districts in said township, within five days next preceding the twen trict in said tieth day of April next, to take the census of his district mentioned in section forty-one of chapter fifty-eight of the revised statutes of eighteen hundred and forty-six, and shall, on or before the twentieth day of April next make his report to the township clerk, required in section fifty-four of said chapter ninety-three, which report, when so made and filed in the office of the township clerk, shall be as valid and effectual as if the same had been made at the time required by existing laws.

Sec. 8. This act shall take effect and be in force from and after ite passage.

Approved March 13, 1849.

[ No. 79. ]

AN ACT for the improvement of the State Road lea ling from Charlotte, in Eaton county, to Albion, in Calhoun county.

tion of high

Section 1. Be it enacted by the Senate and House of Represen- Appropriatatives of the State of Michigan, That for the purpose of impro-way tax. ving the state road leading from Charlotte, in Eaton county, to Albion, in Calhoun county, there is hereby appropriated, to be expended as hereinafter provided, the unexpended highway tax which was assessed for the year eighteen hundred and forty-eight, 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 one mile 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 one mile, the highway tax upon said description, shall be deemed appropriated as aforesaid.

printed to

same; their

dutics.

Sec. 2. For the purpose of carrying into effect the provisions of Com're apthis act, Jesse Hart, of Eaton, and John D. Alcoit, of Calhoun, are expend the hereby appointed special commissioners, one for so much of said powers and road as lies in the county of Eaton, and one for so much of said road as lies in the county of Calhoun; and said special commissioners, in expending the moneys that may be subject to their 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 government of township highway commissioners; and each of said special commissioners, 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 of fice of the county clerk of his county.

Duty of trea

ton and Cab huun cou

Sec. 3. It shall be the duty of each of said special commissioners, on or before the first day of July next, to make out a list of all non-surers of Earesident lands coming under the provisions of this act in the county ties. for which he was appointed, and deliver the same to the treasurer of said county, who shall thereupon open an account with the Charlotte and Albion state road fund, and credit to said fund all moneys then in his hands or which may thereafter be paid into his office as non-res dent highway taxes upon any of the lands described in said list, and which are within the purpose of this act, and shall

Payment of contractors,

&e.

Compensa. tion ofcom

charge said fund with all the moneys which may be drawn from it by said special commissioner.

Sec. 4. It shall be the duty of each of said special commissioners, payment for any labor performed or materials furnished in the improvement 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 Charlotte and Albion state road fund of the county for which said special commissioner is appointed; 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, and to charge the same as provided in section three of this act.

Sec. 5. Each of said special commissioners shall be entitled to Misioners." receive a sum not exceeding one dollar per day for the time actually employed by him in discharging the duties which this act imposes upon him, and his account for the same, verified by his oath, shall be audited by the board of supervisors of the county to which he belongs, and shall be paid out of any moneys to the credit of the Charlotte and Albion state road fund in the treasury of that county.

Vacancy.how filled.

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

Approved March 14, 1949.

Aot amcaded.

[ No. 80. ]

AN ACT to amend an act entitled an act to extend the time for the collection of certain taxes in the township of Barns, in the county of Shiawassee, approved February 13, 1849.

Section 1. Be it enacted by the Senate and House of Represen tatives of the State of Michigan, That section one of an act entitled an act to extend the time for the collection of certain taxes in the township of Burns, in the county of Shiawassee, approved February 13, 1849, be so amended as to strike out the word "March," and to substitute the word "April" in lieu thereof; and that the words "first day of April," in section two, be stricken out, and the words "fil

teenth day of May" substituted in lieu thereof; and that the words "first day of May," in section three, be stricken out, and the words "fifteenth day of June" substituted in lieu thereof; that section four of said act be amended by striking out the word "eight," and substituting in lieu thereof the word "four."

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

its passage.

Approved March 14, 1849.

8

[No. 81.]

AN ACT to authorize Alfred Ashley, his heirs or assigns, to construct a Plank Road across those parts of sections two and eleven, in township three North, of range number fourteen East, known as Salt Spring Lands belonging to the State.

authorized

tain lands.

Section 1. Be it enacted by the Senate and House of Representa- Plank road tives of the State of Michigan, That Alfred Ashley, his heirs or across cerassigns, be, and they are hereby authorized and empowered to construct a plank road across parts of sections two and eleven, in township three north, of range number fourteen east, belonging to the state, and known as salt spring lands, and for that purpose are hereby authorized to enter upon and use so much of said lands, not exceeding four rods wide, as may be necessary in the construction of said road, across said lands, upon the most eligible route from the village of Ashley, in the county of Macomb, to Fort Gratiot turnpike, in said county.

Sec. 2, That the said Alfred Ashley, his heirs or assigns, are hereby authorized to erect a dam across Salt river, and to flow so much of said lands as may be necessary for the purposes of a saw-mill, by paying to the commissioner of the state land office, the minimum price per acre for the lands which shall be flowed by the erection of said dam: that said lands shall be surveyed by the county surveyor of Macomb county, at the request and at the expense of the said Ashley; and when said lands shall be so surveyed, the said surveyor shall give to said Ashley 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 lunds, at the price afore.

Bam autherized & the conditions

thereof

said, to the commissioner of the land office, within one year from the date of this act, the said Ashley shall be entitled to a certificate and patent, pursuant to the law regulating the sale of salt spring lands.

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

Approved March 14, 1849.

Preamble.

Ibid.

Incorpora

tion.

[ No. 82. ]

AN ACT to incorporate "the City of Detroit Gas Company."

Whereas, Certain persons have associated themselves under the style of "the city of Detroit gas company," for the purpose of earrying on and establishing in said city of Detroit a gas manufactory of the kind now generally used, or any improved gas or inflammable substance, and of supplying the citizens with gas who desire the same, at rates to be agreed upon; the following being the names of the persons who have signed the articles of association, and taken shares of stock, viz: L. C. Rose, Jason Braman, J. M. Slater, Jeffrey Coles, James Cooper, John N. Williams, James Beck, Matthew Anderson, T. R. Davenport, Henry II. LeRoy, Samuel Howlett, F. F. Parker, and of whom at present, said

is president, said Beck secretary, said Parker treasurer, and said LeRoy, Rose, Braman and Slater are directors; And Whereas, The common council of said city have given the necessary permit to said association, to locate said establishment in said city, and to run their pipes through the streets of the same, and have given them the exclusive privilege so to do for the period of ten years, on certain conditions and under certain restrictions, as appears by an agreement in writing signed by a committee of said council, dated September 29, 1848, and approved by said common council, and to which reference is hereby had; And Whereas, said persons have applied to this legislature to be incorporated, the more effectually to enable them to accomplish the said objects of their organization:

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, As follows, to wit: That said persons above named, who have signed said articles of association, and all such other persons as shall become stock holders and associated