Neglect to

the surveyor, axemen and chainmen, shall receive a proper and just compensation, and their accounts shall be audited and allowed by the board of supervisors of Kent county and paid out of the fund created by this act, and divided pro rata according to the length of road line in each county; and said board of supervisors may require each account to be verified by affidavit.

Sec. 9. In case either commissioner does not take and file the oath take oath. of office required by this act, within ninety days after the 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 the county in which the vacancy occurs, and any person so appointed shall take and file the oath aforesaid, and the special commissioner shall give bond as aforesaid.

Sec. 10. The monies collected in a township shall be disbursed in the same township.

Sec. 11. This act shall be and remain in force for the term of three years, and shall take effect from and after its passage.

Sec. 12. 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 12, 1845.

No. 25.

Commis

pointed.

AN ACT to amend an act entitled an act to establish and improve the Pontiac and Grand River road, approved March 9, 1844:

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Philip S. Frisbee, Elkanah Parsioners ap- ker, and Daniel Donelson, be, and they are hereby appointed commissioners, whose duty it shall be to examine any part of the Pontiac and Grand River road which in their opinion public good requires should be altered or changed for any cause whatever, and to make such alteration as in their judgment is necessary for the best interest of the public ubject to all the restrictions and provisions of the

present law in relation to the laying out and alteration of roads by the highway commissioners of towns.

commissi'n

ted.

Sec. 2. Robert Toan, of the county of Ionia, Loyal Palmer of the Special county of Clinton, Jonathan M. Hartwell, of the county of Shiawas- ers appoinsee, Samuel N. Warren, of the county of Genessee, and Archibald Phillips, of the county of Oakland, are hereby appointed special commissioners each for the county in which he resides, whose duty it shall be to direct and superintend the performance of all labor which by the provisions of this act or the act to which this is amendatory, are to be performed upon said road, and to expend all monies which may accrue to said road by the provisions of said acts as hereinafter directed, and before entering upon the duties of their office, they shall severally take and subscribe the oath prescribed by the twelfth article Oath. of the constitution of this State, and shall execute a bond to the people of this State with one or more sureties, to be approved by the county treasurer of their respective counties in the penal sum of one thousand dollars conditioned for the faithful performance of all their duties as such commissioner, which oath and bond shall be filed with with said county treasurer.

lists.

Sec. 3. Said special commissioners shall on or before the twentieth day of April next, make out two correct lists of all lands the tax Make out of which has been appropriated by the provisions of this act or the act to which this is amendatory, within the several townships in his county, one of which he shall file with the township clerk of the township where said lands are situated, and the other with ther county treasurer; said township clerk shall file said list in his office, subject to the inspection, and for the use of all officers within his town who may have occasion to refer to the same; and the said county. treasurer shall file all lists delivered to him as aforesaid by said special commissioner in his office for the use of said office.

Sec. 4. It shall be the further duty of said special commissioner to expend all monies which are or may hereafter be placed to the credit of the Pontiac and Grand River road within their respective counties upon the books of the county treasurer upon said road by posting up notices in at least three of the most public places within the township where any job or work is to be done, at least ten days before the letting, which notices shall set forth when and where said letting

Duty of specialcommissioner.

to lowest

bidder.

is to take place, the kind of work to be done, and all such other information as he may deem important, and upon the day, and at the time and place specified in said notices, said commissioners shall pro To let jobs ceed to let at public auction to the lowest bidder (who will give good and sufficient bonds to the satisfaction of said commissioner for the performance of the contract,) the jobs of work set forth in said notices, and upon completion of any work acoording to the contract, the said commissioner shall endorse the same satisfied, and draw his warrant upon the county treasurer for the amount stipulated to be paid, and said treasurer shall pay said warrant upon presentation out of any monies or funds in his hands, credited as aforesaid.

Compensation.

Neglect to

ties.

Sec. 5. The said commissioners shall receive one dollar per day (each) for the time actually employed upon said road, and his account for the same when verified by his oath shall be paid by the county treasurer out of said road fund, and charged to the several towns in his county, in proportion to the amount of funds credited to said towns, and all incidental expenses which may be incurred in carrying this act and the act to which this is amendatory into effect and which may be audited and allowed by the board of supervisors in the proper county shall be paid and charged in the same way.

Sec. 6. Any person who shall refuse or neglect to perform any of perform du- the duties enjoined upon him by the provisions of this act or the act to which this is amendatory, shall forfeit and pay a sum not less than five dollars nor more than twenty-five dollars. And it shall be the duty of the special commissioners for the county where such forfeiture is incurred, to sue for the same before some justice of the peace of said county, in his own name, for the use of the Pontiac and Grand River road, provided the same may be settled by the individual incurring the same by paying to the said commissioner a sum not less than five nor more than twenty-five dollars, as he the said

Vacancy.

commissioner shall direct, and all monies collected for forfeitures or from any other source under the provisions of this act, or the act to which this is amendatory, shall be paid to the county treasurer, and by him credited to said road fund; and if any vacancy shall occur in any of the offices created by this act, by persons not qualifying, or by a continued neglect of duties, or from any other cause whatever it shall be the duty of the board of supervisors for the county where

such vacancy shall occur, to fill the same by appointment, and the person so appointed shall take a like oath, and give like bonds as is prescribed for similar officers appointed by this act.

cominis

highways.

Sec. 7. The commissioners of highways of the several towns, in their Duty of warrants to overseers of highways where any lands are situated, the sioner of tax of which has been appropriated by the act to which this is amendatory, shall designate the same upon said overseers warrants or tax rolls, and it shall be the duty of said overseers to certify the amount of any tax upon any description of land designated as aforesaid (upon application of any person to work the same,) to the special commissioner of said county, and' said special commissioner is hereby required to direct the performance of said labor upon application of any person to do the same, and upon presentation of said certificate according to the provisions of section two of this act: Provided, That all taxes raised in any town through which said road passes shall be expended in the same town, and all taxes appropriated by this act to to the improvement of said road in any town through which said road does not pass shall be expended in the town nearest adjoining the town in which said tax was raised.

County

open ac

Sec. 8. The county treasurers of the several counties where any tax is appropriated as aforesaid, shall open an account in a book to be treasurer to provided by them at the expense of their county, with the Pontiac and count. Grand River road, they shall credit said road with all money or other funds received by them for taxes upon any of the lands designated as aforesaid, or from any other source, which may be appropriated to said fund by this act or the act to which this is amendatory, and they shall charge said road with the payment of all warrants drawn by the special commissioner in accordance with section four of this act, and with all payments made by them in accordance with section five of this act, a full account of which they shall render to and settle with the board of supervissrs annually, at such time as said supervisors shall designate.

Sec. 9. All violations of any contract [or non-performance of the same] recognized by this act, may be prosecuted by the special commissioner, in his own name, for the use of the Pontiac and Grand River road before any court having competent jurisdiction.

Sec. 10. The laws regulating highways in this state not contrary

to the provisions of this act, shall apply to this road; and all commutation money paid to any overseer in lieu of highway labor, shall be by said overseer paid over to the county treasurer within sixty days thereafter.

Sec. 11. Sections four, five and six of the act to which this amendatory are hereby repealed.

Sec. 12. This act shall take effect from and after its passage.
Approved March 12, 1845.

village

changed.

No. 26.

AN ACT to change the Name of Michigan Village :

Sec. 1. Be it enacted by the Senate and House of Representatives Name of of the State of Michigan, That the name of the village now recorded and known as "Michigan Village," situate in the township of Scio, county of Washtenaw, shall be hereafter known and called Delhi, and all transfers of real estate within the limits of said Michigan Village, which may hereafter be made as of the village of Delhi, having reference by number of blocks and lots to the original plat recorded by the name of Michigan Village, shall be as valid in law as if no change in the name of said village had been authorized.

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

Approved March 12, 1845.

Appropriation.

No. 27.

AN ACT to provide far locking the Clinton and Kalamazoo Canal into the Clinton River at the village of Frederick, and for other purposes.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That there be appropriated so much as may be necessary, of land out of the 500,000 acres granted to this State by the United States, for the purpose of locking the Clinton and Kalamazoo Canal into the Clinton River at the village of Frederick.