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To take an oa
Sec. 6. Before said special commissioner shall enter upon the duties of his office, he shall take the oath prescribed by the laws of this state, and file the same with the clerk of Barry county; and before he shall draw monies from the county treasurer, he shall give bond with one or more sufficient sureties, which bond, it shall be the duty of the board of supervisors of Barry county, or a majority of them, to accept and approve, and which shall be filed with the county clerk of Barry county.
Sec. 7. The special commissioner shall receive, as a compensation Compensa
for his services, one dollar per day, when actually employed in the business of said road, which amount shall be audited and allowed by the board of supervisors of Barry county, divided prorata according to the length of road line in each county, and paid out of the fund created by this act; and said board of supervisors may require said special commissioner to verify his account by affidavit.
Sec. 8. In case said special commissioner does not take and file
the oath of office required by this act, within ninety days after the Vacancy. approval 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, or a majority of them, of Barry county ; and any person so appointed, shall take and file the oath and bonds as aforesaid.
Sec. 9. The monies collected in a surveyed township shall be disMonies how disbursed. bursed in the same surveyed township : Provided, That the said mo
nies are collected in the township through which said road is located, if raised in an adjoining township, then they shall be expended on the line of said road nearest said township.
Sec. 10. This act shali be, and remain in force for the term of three years, and shall take effect from and after its
passage. Sec. 11. That in laying out and working the above mentioned road, the state shall, in no instance, be liable for any expense or damage incurred thereby.
Approved, March 1, 1845.
a road from the village of Lyons, in the county of
Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, Tbat there shall be laid out and established a road commencing at the grist mill of Aaron B. Pratt, in the township of Lyons, in the county of Ionia, and running thence on the most direct and eligible route, via the residence of John E. Morrison, and the village of Saranac, in said county, to Ada, in the county of Kent, and that Amos B. Hubbell and Timothy White, of the county of Ionia, and Cyprian S. Hooker, of the county of Kent, be, and they are hereby appointed commissioners to lay out and establish said road. And the said commissioners shall be paid at the rate of one dollar per day, out of the fund created for the construction of said road.
Sec. 2. That for the purpose of improving said road, there shall be and is hereby appropriated to be expended as hereinafter provided, the non-resident highway tax for the year 1844, (which shall remain Non-resid't
. unexpended on the first day of May next,) and the non-resident high- priated. way tax which may be hereafter assessed for the years, eighteen hun. dred and forty-five, eighteen hundred and forty-six, and eighteen hundred and forty-seven, upon the lands on the line of said road, for the distance of three miles south of the south bank of Grand river, in the counties of Ionia and Kent; 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 three miles, the highway tax upon said description shall be deemed appropriated as aforesaid. Sec. 3. It shall be the duty of the aforesaid commissioners to file
duty. the survey of said road (as shall be laid out in such township) in the office of each township clerk, whose duty it shall be to record the same in the road book of the township. Sec. 4. A special commissioner shall be appointed for each of the
Commiss'r countjes named in this act, who shall have the superintendance of appointed. said road within their respective counties, and shall direct where the labor shall be performed on said road.
List to be made.
Sec. 5. It shall be the duty of the special commissioners each in his own county to make out correct lists on or before the twentieth day of April next, of all the non-resident land covered by the provisions of this act, and file the same with the county treasurer of the county wherein those lands are located.
Sec. 6. The county treasurers of the counties of lonia and Kent, 10 be kept by respectively, shall each open accounts in a book to be provided for county ir's.
that purpose, at the expense of the counties respectively, with the Lyons and Ada road fund,” and shall credit to the said fund all moneys that may be paid to them respectively under the provisions of this act, and shall charge to the said fund all warrants drawn in pursuance of this act, all payments made to the commissioners on account of their services, and such other necessary expenses in carrying into execution the purposes of this act, which may be audited
by the board of supervisors of the respective counties named herein. Power of Sec. 7. The said special commissioners each in his own county
shall have power to let or contract by public auction any job or work upon said road, giving public notice thereot by posting up three or more notices within the several townships in the county through which said road passes, as near as may be upon the line of the said road at least ten days before the time of letting such contract, which shall be let to the lowest bidder giving good security to the satisfaction of the commissioner, for the faithful performance of said contract.
Sec. 8. Whenever any such contract shall be performed, the com
missioner shall certify to the fuct upon such contract, and shall thereMay draw
upon draw his warrant upon the county treasurer for the payment of the same out of the Lyons and Ada road fund, and shall attach such warrant to the said contract. And in case any person having so contracted shall fail in the performance of his contract, it shall be the duty of the commissioner to cause the same to be prosecuted in his
own name for the benefit of the aforesaid account. Non-resid't Sec. 9. Any non-resident who may wish to perform the labor asmay work
sessed upon his lands lying within the limits designated in the second section of this act, may apply either by his agent or otherwise, to the special commissioner of the county in which the lands lie, and on such application the said commissioner shall direct when and
where, and in what manner the labor may be performed on said road, and whenever the same shall be fully and satisfactorily performed, the said commissioner shall give a receipt therefor, and upon presentation of such receipt to the overseers of highways of the road district in which such lands lie, before the time designated by law for the re. turr. of unpaid highway taxes, the said overseer shall cancel the tax acknowledged to be paid by said receipt.
Sec. 10. Whenever any person shall commute the highway tax when tax assessed
non-resident lands embraced within the provisions of this act, and the saine shall be paid to the overseer of highways, he shall pay over the same within thirty days thereafter, to the township treasurer, who shall give duplicate receipts therefor; one of which receipts said overseer of highways, shall deposite with the county treasurer within ten days thereaster, and the township treasurer shall pay to the county treasurer on or before the fifteenth day of November in each year, all the monies that may come into his hands from overseers of highways.
Sec. 11. Jacob Pratt, of the county of Ionia, and Cyprian S. Hook-Spec'l comer, of the county of Kent, are hereby appointed special commissioners under this act for the counties in which they respectively reside, and before said commissioners shall enter upon their duties they shall take the oath prescribed by the laws of this state, and file the same with the county clerks of their respective counties.
Sec. 12. Each of the commissioners shall receive as a compensa- Compensation for their services, one dollar and fifty cents per day for each day aetually employed in the business of said road, which actual employment each commissioner shall verify by his affidavit, and his account for services so verified shall be paid by the treasurer of his proper county out of said road fund.
Sec. 13. All monies collected in a township shall be disbursed in Monies disthe same township. Sec. 14. Any person who shall neglect or refuse to perform the Penalty for
neglect. duties enjoined upon him by this act, shall forfeit and
the sum of twenty dollars; and the commissioners herein mentioned may also be removed from office for such neglect or refusal, by the board of supervisors of the proper county, who may enter such neglect or re
fusal at large upon their journal ; but no removal shall be made by the board of supervisors without first giving said commissioners at least five days notice to be heard in their defence. And vaca ncies which may occur in the offices created by this act, the board of supervisors of the respective counties of lonia and Kent are hereby authorized to fill.
Sec. 15. Any sorfeiture incurred under and by virtue of this act, may be recovered in an action of debt before any justice of the peace, in the name of the people of the State of Michigan, which shall be paid to the treasurer of the county in which the forfeiture (was) incurred, to be placed to the credit of the aforesaid road fund.
Sec. 16. The laws regulating highways in this state not contrary to the provisions of this act, shall apply to this roud.
Sec. 17. The state shall not be liable for any expense incurred or damages sustained by reason of this act, and in case the road mentioned in this act shall not be surveyed and laid out in three years from the passage of this act, the provisions contained therein shall be void.
Sec. 18. This act shall take effect and be in force from and after its passage.
Aproved March 1, 1845.
state road from the village of Schoolcraft, in Kala-
Berrien county. State road.
Whereas, A certain state road from the village of Schoolcraft, in Kalamazoo county, to the village of St. Joseph, in Berrien county, has been laid out and established by Albert E. Bull, N. M. Thomas, and J. W. Copley, acting under a law appointing them commissioners for that purpose. Therefore,
Section 1. Be it enacted by the Seuate and House of Represen. Non-resid't tax applied. tatives of the state of Michigan, That one-half of all the non-resi
dent highway taxes, backstanding, and due the several townships or in the township treasuries, not expended according to law, belonging