May draw commissioner shall certify to the fact upon such contract, and shall warrant. tion. 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 comCompensa- pensation for their services, one dollar 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 for services so verified shall be paid by the treasurer of his proper county out of said road fund. Commis pointed. Supervisors Sec. 12. Benjamin F. Chadwick, of the county of Van Buren, sioners ap- and Harvey Enos, of the county of Berrien, are hereby appointed 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 vacancies which may happen by death, removal, or otherwise, shall be fillmay 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 proper 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. cancies. ties. Tax to be expended. Sec. 14. That two-thirds of all the resident taxes which would be 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 highways. through which said stage road passes, shall furnish the commissioner Duty of overseers of of his respective county with a certified copy of his warrant, with names of the persons assessed in his district, and the number of days each person is assessed, within ten days after he receives the same from the commissioners of highways of his respective township. Sec. 16. The laws regulating highways in this state, not contravening the provisions of this act shall apply to this road. Approved, March 19, 1845. No. 58. AN ACT to authorize John R. Haynes to construct a Section 1. Be it enacted by the Senate and House of Representatives of the state of Michigan, That John R. Haynes, his heirs and assigns, be and they are hereby authorized and empowered to con. struct a dam across the Paw Paw river, in the county of Van Buren, on the north east fractional quarter of section number nine, town number three south, of range number fifteen west : Provided, Such dam shall not exceed four feet in height above common low water mark: And provided further, That a convenient lock shall be con structed of sufficient width and dimensions to admit the safe passage of boats, rafts, canoes and other water craft navigating said river : And provided further, That the said Haynes has the fee of the land above described, or the permission of the owners thereof to erect said dam. Sec. 2. Nothing herein contained shall authorize the person above named, his heirs or assigns, to enter upon or flow 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 19, 1845. Dam. Proviso. Waggon road. No. 59. AN ACT to provide for establishing and constructing a Wagon road from Jackson to the village of Saranac, in the county of Ionia, to be called the Clinton road. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That there shall be laid out and established a wagon road, commencing at Jackson, in the county of Jackson, and running thence on the most direct and eligible route through the villages of Eaton Rapids and Charlotte, in the county of Eaton, to the sioner ap- village of Saranac, in the county of Ionia, and that Timothy White, of the county of Ionia, Harvey Williams of Eaton, and Abraham V. Perry, of Jackson county, be and they are hereby appointed commissioners to lay out and establish said road. Commis pointed. Appropriation. Duty of com'rs. 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 one thousand eight hundred and forty-four, which shall remain unexpended on the first day of May next, and the non-resident highway tax which may hereaf ter be assessed for the years one thousand eight hundred and fortyfive, one thousand eight hundred and forty-six, one thousand eight hundred and forty-seven and one thousand eight hundred and fortyeight, upon the lands owned by non-residents upon the line of said road, for the distance of two miles each way from the centre of said road, excepting the last three miles of said road from its termination, at the village of Saranac: 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 two miles, the highway tax upon said description shall be deemed appropriated as aforesaid: Provided further, That the above provision shall not apply to any non-resident lands in the township of Jackson, in the county of Jackson. Sec. 2. It shall be the duty of the aforesaid commissioners to file the survey of so much of said road as shall be laid out in each township in the office of each township clerk, whose duty it shall be to record the same in the road book of the township; and it shall be the further duty of said commissioners to appraise all damages claimed by any person or persons for right of way, and any person or persons feeling themselves aggrieved by such appraisal, may appeal therefrom to the board of supervisors, in the counties where such appraisal shall have been made, as now prescribed in an act entitled an act to abolish the office of county commissioners and for other purposes, approved February tenth, one thousand eight hundred and forty-two. Sec. 4. A special commissioner shall be appointed for each of the Special counties named in this act, who shall have the superintendance of said com'rs. road within their respective counties, and shall direct where the labor shall be performed on said road. Duty of spe missioner. Sec. 5. It shall be the duty of the special commissioner each, in cal comhis own county to make out a correct list on or before the twentieth day of April next, of all the non-resident lands covered by the provisions of this act, and file the same with the county treasurer of the county wherein those lands are located. County Sec. 6. The county treasurers of the counties of Jackson, Eaton, and Ionia respectively, shall each open accounts in a book to be pro- treasurers. vided for that purpose, at the expense of the counties respectively, with the Clinton road fund, and shall credit the said fund 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 execu. tion the purposes of this act, which may be audited by the board of supervisors of the respective counties therein. up 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 on said road, giving public notice thereof by posting up three or more notices within the several townships in the county through which the 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 cornmissioner for the faithful performance of said contract. Power of com❜rs. May draw Sec. 8. Whenever any such contract shall be performed, the commissioner shall certify to the fact upon such contract, and shall there- warrant. upon draw his warrant upon the county treasurer for the payment of the same, out of the Clinton road fund, and shall attach such war Non-resi dents. Commuta tion. Special rant 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. Sec. 9. Any non-resident who may wish to perform the labor assessed 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 commissiouer 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 commissioners shall give a receipt therefor, and upon presentation of such receipt to the overseers of highways of the road district in which sach 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. 10. 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, they 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 monies that may come into his hands from overseers of highways. Sec. 11. Nicholas Townley, of the county of Jackson, Robert commissi'n Wheaton, of the county of Eaton, Charles W. Fullington, of the ted. county of lonia, are hereby appointed special commissioners under ers appoin Compensa tion. 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. 12. Each of the commissioners shall receive as a 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 |