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utes amend

Substituted.

wbom servod.

Revisedstat- three of the Revised Statutes be amended by adding at the end of said

chapter four the following sections :

“Sec. 36. When any person interested in proceedings in any probate court shall be entitled to notice thereof, the judge of probate shall order such notice to be given as he may deem just and reasonable, in case there be no statute otherwise providing for the same.”

“Sec. 37. The judge of probate may appoint any suitable person Process by

to serve any process or order of the probate court, and an affidavit of such service duly inade by such person and filed in the probate office, shall be deemed sufficient evidence thereof."

“Sec. 38. The court of probate shall be authorized to audit and Court of probato

decide on the claims of creditors including executors or administrators, against any estate in the course of settlement therein, in the same manner as if such estate were represented insolvent; and all the provisions

of law respecting the authority of commissioners of estates represenAppeal. ted insolvent, and proceedings before them, and the right of appeal

from their decision, shall apply to proceedings before the court of probate under this section : Provided always, That it shall be competent to represent any estate insolvent as now authorized by law, when the same shall be necessary and proper."

“Sec. 39. It shall be the duty of the several judges of probate to Indes.

make an appropriate and suitable index and calender of the probate proceedings in their offices respectively, and they shall also record any bond, affidavit, oath or other paper in probate proceedings.”

“Sec. 40. If from any cause the probate court shall not be held at

the time appointed for the hearing of any matters therein, all such had.

matters shall stand continued till the next regular term of the court, unless otherwise agreed upon by the parties interested.”

Approved March 19, 1845.

When continuance

No. 56.
An Act relative to the Militia.

Mintia.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Section 14 of an aet entitled "an act to amend the several acts relative to the miliatia,” approved

April 13, 1841, which provides for paying Brigade and Division inspectors be, and the same is hereby repealed.

Sec. 2. That the grade, rank, or office of Division inspector, in the service of the militia of this state, be, and the same is hereby abolished.

Sec, 3. That all acts and parts of acts contravening the provisions of this act, be, and the same are hereby repealed.

Approved March 19, 1845.

No. 57.
An Act appropriating certain highway taxes for the

improvement of the stage road from the village
of Paw Paw, in the county of Van Buren, to the vil-
lage of St. Joseph, in the county of Berrien.

Whereas, The regular stage road leading from the village of Puw State road. Paw, to the village of St. Joseph, passes through a thinly settled dis- Preamble. trict of country, where the highway taxes are insufficient to keep the road in good repair: And whereas, The revenue of the Central Railroad depends in a great measure upon said stage road being kept in good repair for the safe and comfortable transmission of passengers to and from the western termination of said railroad : And whereas, The present stage company owning the line of stages which convey passengers to and from the western termination of said Central railroad, have agreed with the Acting Commissioner of Internal Improvement to expend two hundred dollars upon said stage road: Provided, that certain non-resident highway taxes can be expended upon said stage road: Therefore,

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That all the non-resident highway taxes appro

priated. taxes which shall be assessed upon non-resident lands within one and a half miles on each side of said stage road, between the village of Paw Paw, in the county of Van Buren, and the village of St. Joseph, in the county of Berrien, be, and the same are hereby appropriated to be expended in improving said stage road between the village of Paw Paw and the village of St. Joseph, aforesaid, for the period of two years from the date of this act.

Non-resid't

Duty of T. clerks.

Duty of co. clerks..

Sec. 2. The township clerks of the counties of Van Buren and Berrien, in the townships in said counties through which said stage road passes, and in whose offices a survey of said road has been or may be recorded, are hereby required on or before the first day of June next, to deposite with the county clerks of their respective counties, certified copies of the recorded survey of said stage road, as the same has been duly laid out, which certified copy said county clerks shall

preserve in his office. Duty of su Sec. 3. The board of supervisors of each of the counties of Van pervisors.

Buren and Berrien respectively, at their annual meeting in September of each year named in the first section of this act, shall make out a statement of the description of lands in their respective counties and within the limits designated in the first section of this act, together with the amount of highway taxes assessed and returned as unpaid on each description, and shall deliver the same to the county treasurers of their respective counties, who shall file the same in his office.

Sec. 4. The county clerks of each of the above named counties, shall at the time mentioned in the preceding section, prepare separate documents as required in the preceding section, for each of the townships in which the said lands lie, of the amounts of highway taxes to be collected in the said townships, which statements shall be delivered to the supervisors of the townships respectively, who shall append said statements to the collection roll deposited by them with their respetive treasurers ; and all taxes which said treasurer shall collect on lands set forth in said statement, he shall pay over to the county treasurer of his proper county: at the same time he shall inake his return of unpaid taxes.

Sec. 5. The county treasurers of the courties of Van Buren and Duty of co. treasurers. Berrien respectively, shall each open accounts in a book to be provi

ded at the expense of the counties respectively, for that purpose with the stage road fund, between Paw Paw and St. Joseph, and shall credit to said fund all monies that may be paid to them respectively, under the provisions of this aet, 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 boards of supervisors of the respective counties
named herein.
Sec. 6. A special commissioner shal be appointed for each of the

Special counties named in this act, who shall have the superintendance of Com'rs. said road within their respective counties, and shall direct where all labor shall be performed on said road.

Sec. 7. Any non-resident who may wish to perform the labor as-. sessed upon his lands lying within the limits designated in the first Non-resideus section of this act, may apply either by his agent or otherwise to the special commissioner of the county in which ihe 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 commissioners shall give a receipt therefor; and upon such 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.

Whenever any person shall commute the highway tax assessed upon non-resident lands embraced within the provision of this act, and the same 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 ireasurer within ten days thereafter ; and the township treasurer shall pay to the county treasurer on or before the fifteenth day of November in each yoar all monies that may come into his hands from overseers of highways. Sec. 9. The special commissioners each in his own county, shall

Power of have power to let or contract by public auction any job or work up- special on said road, giving public notice thereof in a newspaper in said county, if there be one, and by posting up three or more written or printed notices in the most public places in the county, at least ten days the before 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 the said contract.

Sec. 10. Whenever any such contract shall be performed, the

Commutat'n

com'n.

warrant,

Commis

May draw commissioner 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 said stage 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 fund.

Sec. 11. Each of the special commissioners shall receive, as a com

pensation for their services, one dollar per day, for each day actualCompensation.

ly employed in the business of said road, which actual employment each commissioner shall verisy by his affidavit, and his acconnt for services so verified shall be paid by the treasurer of his proper county out of said road fund.

Sec. 12. Benjamin F. Chadwick, of the county of Van Buren, sioners ap- and Harvey Enos, of the county of Berrien, are hereby appointed pointed.

special commissioners under this act, for the counties in which they respectively reside, and in case either commissioner do not take and file the oath of office required by the constitution of this State, with the clerk of his proper county, on or before the first day of June next, the neglect thereof shall be deemed a vacancy ; and all vacan

cies which may happen by death, removal, or otherwise, shall be fillSupervisors may fill va-ed by the board of supervisors of the respective counties; and any

person so appointed shall, before entering upon the duties of his office, take and file as aforesaid, the constitutional oath of office.

Sec. 13. If either special commissioner shall neglect or refuse to Neglect to perform du- perform the duties of his office, the board of supervisors of the pro

per county shall have power to remove such commissioner from office; but no removal shall be made without giving the said commissioner notice, and permitting him to be heard in his defence ; all which proceedings shall be entered at large upon the journals.

Sec. 14. That two-thirds of all the resident taxes which would be Tax to be expended. expended upon said road under the present laws shall be laid out and

appropriated upon such parts of said road within the respective road districts in each county of Van Buren and Berrien, and in such manner as the commissioners of the respective counties shall direct.

Sec. 15. That the overseers of highways of each road district through which said stage road passes, shall furnish the commissioner

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