pended. Monies ex- state road may expend a portion of the monies which may come into their hands under the provisions of this act, in improving said road in any other townsnip, if in their opinion said road will be benefitted thereby. Sec. 4. The provisions of this act shall be in force for the term of five years and no longer. Sec. 5. This act shall be in force from and after its passage. Board of auditors. When to meet. Proviso. No. 102. AN ACT to establish a Board of Auditors to investigate certain claims growing out of the sales of primary or Common School, University and Internal Improvement Lands, &c. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the Commissioner of the State Land Office, State Treasurer and Attorney General, be and they are hereby constituted a Board of Auditors for the purpose of investigating all claims and applications for relief growing out of the sales of the primary or common school, university, salt spring, state building, and internal improvement lands. Sec 2. It shall be the duty of the said board to meet on the first Monday in February, and the first week in July in each year, at the city of Detroit, and when so convened, the board shall proceed to examine into all claims and applications for relief growing out of the sales of the lands aforesaid, and shall enter into a full settlemet and final adjustment of all such claims and applications for relief as may be deemed just and equitable by said board, having in view the interests of the different funds for which the lands aforesaid were originally appropriated, and the just and equitable relief which each particular case may demand: Provided, That the decisions and awards of said board be first approved by the Governor: Provided further, That the provisions of this act shall not preclude any person or persons, who may feel himself or themselves aggrieved by the decisions and awards of said board, from applying at any time after such decisions and awards to the legislature for relief in their respective cases, and that in no case shall an order be issued for refunding money to the purchasers of any of the lands above mentioned, their heirs or assigns, unless sanctioned by the legislature. Sec. 3. Said board is hereby empowered to examine applicants and their witnesses under oath, to be administered by any member thereof. Sec. 4. Joint resolution number 34 relative to certain claims, approved March 12, 1844, is hereby repealed. Sec. 5. The said board shall make a report annually to the legisla ture, of all their proceedings under this act. Sec. 6. This act shall take effect and be in force from and after its passage. Approved March 24, 1845. No. 103. AN ACT appropriating certain non-resident highway taxes for the purpose of improving the Detroit and Grand River Turnpike between the village of Howell, in Livingston county, and the house of Justus Gilkey, in Ingham county, Detroit and Section 1. Be it enacted by the Senate and House of Representatives of the state of Michigan, That for the purpose of improving the Detroit and Grand River turnpike between the village of Howell, er road. in Livingston county, and the house of Justus Gilkey, in Ingham county, 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 unexpended on the first day of May next, and the non-resident highway tax which may be hereafter assessed for the years 1845, 1846, 1847, and 1848, upon the lands owned by nonresidents, upon the line of said road for the distance of two miles each way from the centre of said road: Provided, That if any lot or description not exceeding eighty acres of land (owned by non-res idents as aforesaid,) shall be partially embraced within said limits and extend beyond said two miles the highway tax upon said description, shall be deemed appropriated as aforesaid. Sec. 2. A special commissioner shall be appointed for each of the Special com'r appointed. Duty of specialcommissioner. Treas'r &c. Power of com'r. Duty of com'r. counties named in this act, who shall have the superintendance of said road within their respective counties, and shall direct where the labor shall be performed on said road. Sec. 3. It shall be the duty of the special commissioner, each, in his own county, to make out a correct list, on or before the twentieth day of April next, of all the non-résident lands covered by the provisions of this act, and file the same with the county treasurer of the county wherein those lands are located. Sec. 4. The treasurers of the counties of Livingston and Ingham respectively, shall each open accounts in a book to be provided for that purpose at the expense of the counties respectively, with the Detroit and Grand River turnpike road fund, and shall credit the said fund (with) all monies that may be paid to them respectively, under the provisions of this act, and shall charge to 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 therein. Sec. 5. 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 thereof by posting up three or more notices within the several townships in the county through which the said road passes, as near as may be upon the line of 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 con tract. Sec. 6. Whenever any such contract shall be performed the com missioner shall certify to the fact upon such contract, and shall thereupon draw his warrant upon the county treasurer for the payment of the same out of the Detroit and Grand River turnpike 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 ac count. 183 dent may bor. Sec. 7. Any non-resident who may wish to perform the labor as- Non-resisessed upon his lands lying within the limits designated in the first perform lasection 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 overseer of highways of the road district in which such lands lie, before the time designated by law for the return of unpaid highway taxes, the said overseer shall cancel the tax acknowledged to be paid by said receipt. Sec. 8. Whenever any person shall commute the highway tax assessed upon non-resident lands embraced within the provisions of this act, and the same shall be paid to overseers 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 thereafter, and the township treasurer shall pay to the county treasurer on or before the fifteenth day of November, in each year, all moneys that may come into his hands from overseers of highways. Cemmutat'n Commis're. Sec. 9. Ralph Fowler, of the county of Livingston, and J. H. Kilborn, of the county of Ingham, 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 clerk of their respective counties. Sec. 10. Each of the commissioners shall receive as compensa- Compensation for their services, one dollar and fifty cents per day, for each day actually employed in the business of said road, which actual employment each commissioner shall verify by his affidavit, and his account so verified shall be paid by the treasurer of his proper county out of said road fund. Sec. 11. All monies colleeted in a county shall be disbursed in the same county. Sec. 12. Any person who shall neglect or refuse to perform the tion. Penalty for duties enjoined upon him by this act, shall forfeit and pay a sum not neglect. Forfeiture. exceeding 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 refusal 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 any vacancies which may occur in any of the offices created by this act shall be filled by the board of supervisors of their respective counties. Sec. 13. Any forfeiture incurred under and by virtue of this act, may be recovered in 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 occurred, to be placed to the credit of the aforesaid fund. Sec. 14. The laws regulating highways in this state not contrary to the provisions of this act shall apply to this road. Sec. 15. This act shall take effect and be in force from and after its passage. Approved March 24, 1845. Stephen Morse. No. 104. AN ACT to refer the claim of Stephen J. Morse to certain school lands to the boad of state auditors, and for other purposes. Sec. 1. Be it enacted by the Senate and House of Reprsentatives of the State of Michigan, That the board of auditors appointed to investigate and settle all claims and applications for relief growing out of the sales of primary or common school, University and internal improvement lands, be, and they are hereby authorized to investigate and settle the claim of Stephen J. Morse, of Monroe, and all like claims, in accordance with the justice and merits of the case, as such. may be made to appear to such board. Approved March 24, 1845. |