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Sec 11 amended.

Sec 8 amended.

Sec. 14. The service of the summons contemplated in section twelve of this act, and the return thereon, shall conform in all respects to the requirements of law relative to the service and return of suinmonses against defendants."

Sec. 2. Section eleven (11) of the act above recited, shall be, and the same is hereby amended by striking out in said section the word "sour,” and insertirg in lieu thereof the word “twelve ;also in line lour of said section, between the words “ may

" and "take,” in. sert the following: " within ten days after the service of the first summons."

Sec. 3. That section three of an act entitled "an act to prescribe the powers and duties of justices of the peace in civil proceedings," approved April 9, 1841, shall be and the same is hereby amended by inserting after the word " township,” in the third clause of said section, the words " or city,” so that said section shall read as follows:

Sec. 3. Every such action shall be brought before some justice of the the peace, of the township or city where. First, the plaintiff or any of them reside : Second, where the defendants or any of them reside : or Third, before some justice of another township or city, in the same county next adjoining the residence of the plaintiff or defend

ant, or one of the plaintiffs or defendants. Amendment Sec. 4. The several sections of the act above recited, shall be so

amended as to correspond with the numeration effected by the intro duction of new sections twelve, thirteen, and fourteen--(12, 13, and 14.)

Approved March 24, 1845.

Sec. as amonded.

No. 95,
An Act to authorize Fabius Miles to construct a dam

across the Paw Paw River, in the county of Van
Buren.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Fabius Miles, his heirs and as signs be, and they are hereby authorized and empowered to construct a dam across the Paw Paw river, in the county of Van Buren, on section twelve (12) in township number three south of range sixteen west': Provided, Such dam shall not exceed four feet in height

Dam,

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above common low water mark: And provided further, That a convenient lock shall be constructed of sufficient width and dimensions to admit ihe sale passage of boats, rafts, canoes, and other water craft navigating said river.

Sec. 2. Nothing herein contained shall authorize the persons above Damed, or their heirs or assigns, to enter upon or fow the lands of any other person, without the consent of such other person ; and the legislature may at any time alter, amend or repeal this act.

Approved March 24, 1845.

No. 96,
An Act to provide for laying out a State Road from

Pontiac to Hillman's Tavern, in the township of
Tyrone, county of Livingston.

Section 1. Be it enacted by the Senate and House of Representa-. tives of the Slate of Michigan, That Willard K. Goodrich and Wil- Com'rs. liam Caperon, of the county of Oakland, and Jairah Hillman, of the county of Livingston, be and they are hereby appointed commissioners to lay out and establish a state road from Pontiac, in the county of Oakland, to Hillman's Tavern, in the county of Livingston. Sec. 2. The commissioners appointed by the first section of this Commis

sioners, doact shall lay out and establish the above road on the line of the pres- ty of. ent travelled road, leading through the townships of Waterford, . White L ke, Highland, Rose and Tyrone ; and may alter such portions of the road as in their opinion the public good may require, hy filing the survey of such road and alterations with the township clerk in the several townships through which the said road shall run, and he shall record the same in his office in the manner and form as other highways are recorded ; Provided, That no alteration shall be made in any township without the consent. of a majority of the highway commissioners of such township, and the damages sustained by any individual by reason of such alteration, shall be assessed, collected, and paid over in the same manner as damages are assessed, collected and paid over under the provisions of law regulating highways.

Sec. 3. The commissioners of highways of the several townships Highway through which said road runs, shall expend all the highway taxes ari

com'rs.

sing from non-resident lands for the distance of one mile each side of said road (from the west line of the township of Waterford to the said Hillman's tavern, in ihe county of Livingston) in the same manner as other non-resident taxes are now by law expended, except so much of said taxes as may be heretofore specially appropriated.

Sec. 4. The provisions of this act shall be in force for the term of two years from this date and no longer.

Sec. 5. This act shall take effect from and after its passage.
Approved, March 24, 1845.

State road.

No. 97.
An Act to provide for the laying out and establishing

a state road, and for other purposes :
Section 1. Be it enacted by the Senate and House of Representa-
tives of the State of Michigan, That William B. Barron, Pierce G.
Wright and Oel Rix, be and they are hereby appointed commission-
ers to lay out and establish a state road from the village of Palmer,
in the county of St. Clair, to the village of Riley, in said county, by
the most direct and eligible route, and a copy of so much of the sur-
vey of said road as shall be within each township through which said
road shall pass, shall be filed in the office of the township clerk, and
the said township clerk shall record the same in like manner as town-
ship roads are recorded,

Sec. 2. The non-resident highway taxes which may be hereafter assessed upon the lands owned by non-residents, within two miles each

way from the centre of a road known as the Mizner road, leading Mizner road from Gallagher's mills in the county of St. Clair, to the Fort Gratiot

turnpike, in the county of Macomb, are hereby appropriated for the next succeeding four years, for the purpose of working and improving the same, and the commissioners of highways in the several towns through which said road posses, are hereby directed to expend the same upon said Mizner road.

Sec. 3. That for the purpose of working and improving the said Non-resid't

road mentioned in section one of this act, the highway tax which may be assessed upon the lands owned by non-residents within one mile each way from the centre of said road, for the next succeeding three

taxes.

years, are hereby appropriated, and the highway commissioners of the townships through which said road shall pass, are hereby directed to lay out and expend the aforesaid mentioned taxes upon said road for the laying out, working and improving the same.

Sec. 4. 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 the preceding sections of this act shall not be surveyed and laid out in two years from the passage of this act, the provisions herein contained shall be void.

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

Approved March 24, 1845.

No. 98.
An Act for the relief of the township of Marcellus.

Whereas, On account of alleged illegality in the organization of the township of Marcellus, in the county of Cass, being township five Preamble. south of range thirteen west, the Auditor General rejected taxes of 1843, amounting for township, county, and state purposes, to one hundred and one dollars, and seventy-three cents, i nd for highway purposes, to the sum of sixty-one dollars and twenty-eight cents :And Whercas, The lands on which the same was assessed, (not being assessed in the township to which they had formerly been attached,) thereby escaped taxation, and the township of Marcellus consequently left in debt to the county and state for taxes justly due from said town : And Whereas, It is believed the said township has perfected a legal organization since the above taxes were assessed, therefore,

Section 1. Be it enacted by the Senate and House of Representatves of the State of Michigan, That the proper authorities duly elec

Marcellus. ted in the township of Marcellus, in the county of Cass, for the year 1845, are hereby authorized and required to re-assess such taxes as were rejected by the Auditor General for 1843, on account of alleged illegality in the organization of said township, to wit:One hundred and one dollars and seventy-three cents, for township, ounty and state purposes, and sixty-one dollars and twenty-eight

cents for highway purposes, on the same lands that the said sums were originally assessed upon ; said re-assessment to be included in the assessment roll proper of 1845 : Provided, That no interest shall be computed thereon :, And provided further, That this act shall rot be construed to legalize the organization of said township of Mar. cellus.

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

Approved March 24, 1845.

No. 99.
An Act to authorize the Commissioners of Highways

of the town of Jackson, in the county of Jackson,
to alter a state road therein mentioned, and for oth-
er purposes :

Section 1. Be it enacted by the Senate and House of Representa

tives of the State of Michigan, That the commissioners of highways of Alteration a, the township of Jackson, and county of Jackson, and their successors

in office, be and they are hereby authorized and empowered to alter the state road running through said township on and near the premises now occupied by Wesley W. Laverty: Provided, Such alteration shall not be attended with any expense to the said township or county of Jackson.

Sec. 2. That Zebadiah Stiles, James Hutchinson, and Charles

Merritt, of the county of Calhoun, be and they are hereby appoinpointed. ted commissioners with power to take up, alter and relay any portion

of the territorial road (running from Marshall to Kalamazoo,) lying between the Gulf Bridge in the township of Emmet, Calhoun coun. ty, and Goguack Prairie, in the township of Baule Creek, in said county of Calhoun.

Sec. 3 This act shall take effect and be in force from and after its passage.

Approved March 24, 1845.

Commissioners ap

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