of this act, unless said Commissioner should require a larger sum than twenty-five per cent., which, if he does, he must so manifest it by giving notice on the day of sale, and the balance of the principal may be paid at any time thereafter, and the interest shall be paid annually; said payments shall be made to the Treasurer of the State.

Sale.

(2547.) SEC. 7. At the time of such sale, the said Commis- Certificate of sioner shall deliver to the purchaser a certificate, on which, in the name of the People of the State of Michigan, he shall certify the name of the purchaser, a description of the land. sold, with the quantity and price of such tract or parcel, the consideration paid and to be paid therefor, and time and manner of paying interest, and that the said land is sold agreeably to the provisions of this act, and that in case of the nonpayment of said balance and interest, as in said certificate mentioned, said certificate and sale shall be void, and said land may be resold by said Commissioner; such certificate shall also set forth, that upon payment of the full amount due thereon, and presentation of said certificate to the Secretary of State, with official evidence of such payment, and sufficient evidence of the fulfillment of all the obligations imposed upon this State by said act of Congress, the purchaser, his heirs or assigns, shall be entitled to a patent, to be executed by the Patents.] Governor, for the land therein described; and the patents to be issued under the provisions of this act, shall state that the said sale and conveyance so made, is subject to the provisions of this act; also the provisions of an act entitled, "An Act to authorize the Governor to Issue Patents in certain cases," 1946, p. 98 approved March [28] twenty-eight, [1846] eighteen hundred and forty-six; and the act entitled, "An Act to amend Chapter [60] sixty, title [12] twelve, of the Revised Statutes of [1846] 1851, p. 84. eighteen hundred and forty-six," approved April [4] fourth, [1851] eighteen hundred and fifty-one, so far as they are not inconsistent with this act, shall regulate and apply to the rights of purchasers and assignees of said certificates.

applicable to

apply to Swamp

(2548.) SEC. 8. All the provisions of law now in force, not Provisions of Law inconsistent with this act, and applicable to the public lands Public Lands to of this State, shall be held to apply to the said Swamp Lands; and lands. all powers and duties prescribed to any public officer or Court, or Prosecuting Attorney, relative to the public lands, shall, if not inconsistent with this act, be exercised and performed in relation to said Swamp Lands.

(2549.) SEC. 9. Of the proceeds of the sales of said Swamp

how disposed of.

Proceeds of Sales, Lands paid or to be paid into the State Treasury, twenty-five per centum shall be reserved and set apart as a drainage fund, for the purpose of aiding the counties in which the lands sold may lie, the interest of which, at the rate of seven per cent., shall be, in pursuance of law, appropriated to drain such of the said lands as are situate in the county, and which, in the opinion of the Supervisors, are capable of drainage, and can be profitably drained, and shall not have been sold under the provisions of this act; and the balance of such proceeds, after deducting the necessary and lawful expenses of such sales, shall be appropriated to, and constitute a part of the Primary School Fund, derived from the sales of Primary School Lands. Said balance shall be considered as loaned to the State at an interest of seven per cent. per annum, which interest shall be paid in to the Primary School Fund annually, and the principal thereof is hereby appropriated to the payment of the outstanding indebtedness of the State, secured by its bonds or stocks, in the order in which they shall fall due.

Lands heretofore purchased may

to State.

(2550.) SEC. 10. Any Swamp Lands heretofore sold by the be surrende red Commissioner of the State Land Office, being part of the lands granted to this State, by the aforesaid act of Congress, may, at the option of the purchaser, be released to the State by deed; and any purchaser may, at any time before the first day of September next, present his certificate of purchase to the Commissioner of the State Land Office, and receive of the Treasurer of the State, upon evidence that the same is surrendered, the amount paid thereon, with interest from the date of such certificate, and in case the purchaser has received a deed for said land, he may return the same, and upon surrender be paid as aforesaid, but if said deed has been recorded in the county where the said land is situated, and the said land has not been conveyed by said purchaser, he shall reconvey the same to the State, and cause the deed to be recorded in the proper county, and before he shall receive the money thereon, he shall furnish evidence to the Commissioner of said record, and shall file with said Commissioner his affidavit, that said certificate has not been assigned, or the land in said deed so presented conveyed by him to any person; but no purchaser shall return a less quantity of any purchase, than the whole amount of land purchased by him at any one time. Sales heretofore (2551.) SEC. 11. The sales of such Swamp Lands heretofore surrendered, purchased of said Commissioner, being part of lands granted by said act of Congress, in case the same shall not be returned

made, and not

Confirmed.

on or before the said first day of September next, as above provided for, shall be, and the same are hereby ratified and confirmed, as of the dates of said sales respectively; and neither such purchasers, nor any person claiming under them, title to said lands or any of them, shall have any claim or demand upon this State, to drain or in any manner reclaim the said lands or any part thereof, but shall fulfill all the obligations imposed upon the State by said act of Congress, and upon failure thereof, shall be prosecuted by the Prosecuting Attorney of the county in which such lands may lie, for any damages the State may sustain by reason of the violation of its obligations imposed by said act of Congress upon the State. (2552.) SEC. 12. All acts and parts of acts contravening the Repeat of comprovisions of this act, are hereby repealed.

travening acts.

An Act for the Relief of Purchasers of, and Settlers on, Swamp Lands.

[Approved February 13, 1855. Laws of 1855, p. 418.]

Lands, whose

been canceled,

from the State.

(2553.) SECTION 1. The People of the State of Michigan enact, Purchasers Trous That in all cases where lands have been purchased as Govern-State Swamp ment Lands at any of the United States Land Offices within purchases have the State of Michigan, and such purchase has afterwards been may purchase set aside and canceled, in consequence of the lands so purchased having been found to be Swamp Lands, the purchaser, his heirs, or assigns, may at any time before such lands are offered for sale by the State, or before said lands are sold to any other person, on presentation of a certificate of such purchase and cancellation from the Register of the Land Office where such purchase was originally made, to the Commissioner of the State Land Office, be entitled to purchase such lands of the State, at the price of one dollar and twenty-five cents per acre, subject to the condition that such purchaser or purchasers shall not have any claim against the State for draining such land; and such land purchased of the United States shall not be offered for sale by the State until the expiration of two years from the passage of this act; and all persons who have in good faith, at any time since the twentyeighth of September, eighteen hundred and fifty, settled upon and made valuable improvements on any of the Swamp Lands, with the intention of securing the same under the pre-emption Rights of prelaws of the United States, and shall file with the Commis- emption secure sioner of the State Land Office sufficient evidence of said settle

to occupants.

ment or improvement, and intention, prior to their being offered for sale, such person, his heirs or assigns, shall also be entitled to purchase such land at one dollar and twentyfive cents per acre: Provided, That nothing in this act shall be construed to affect the legal rights of any suit or claims now pending, either in law or equity.

SEC. 2. This act shall take effect immediately.

CHAPTER LXXXIII.

OF THE INTEREST OF THE STATE IN MINES AND MINERALS.

Sovereign rights of People in.

Not to be en

forced against

An Act Declaratory of the Interests of the State of Michigan in Mines and Minerals.

[Approved April 25, 1846. Laws of 1846, p. 92.]

(2554.) SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the property in the following Mines is fully vested in the People of the State of Michigan, in their right of sovereignty:

1. All Mines of gold and silver, or either of them, now discovered, or hereafter to be discovered within the territorial limits of this State;

2. All Mines or other Metals or Minerals, discovered, or to be discovered, which are connected with, or shall be known to contain gold or silver in any proportion.

(2555.) SEc. 2. The sovereign right of the People of Michigan to the Mines and Minerals therein, as specified in the

Lands.

preceding section, shall never be enforced against any citizen Citizens owning of the State in whom the fee of the soil containing any such Mines and Minerals now is, or may hereafter become fully vested in his own right by a bona fide purchase from, through or under the General or State Government; but such Mines and Minerals shall remain the property of the citizens owning such lands, subject to the specific tax hereinafter provided: Provided, That this act shall not be construed to affect any Saving of existing right already acquired, or held by individuals, from or under the permits or leases of the United States, wherever such leases shall prove to be upon lands now owned, or hereafter to become the property of the State.

rights.

reserved from

(2556.) SEC. 3. All lands known to contain Mines or Min- Mineral Lands erals, which now are, or may hereafter become the property of Sale. this State, shall be reserved from sale by the authorities. thereof, until directed to be sold by, and under such regulations as the Legislature shall hereafter prescribe.

(2557.) SEC. 4. A specific tax of four per cent., to be in lieu Tax upon Ores. of all other State taxes, shall be levied and collected upon all ores and the product of all Mines within the limits of this State, whether the lands containing them have been sold to bona fide purchasers by the General Government or not, which said tax shall in all cases be assessed thereon upon. the average yield and value of such ores, after the same is smelted, if smelted within this State, but if not smelted within this State, then said taxes shall be paid before such ores are removed from the premises where they are raised: Provided, That the specific tax upon the product of Iron Mines shall not exceed two per cent.

shall be made.

(2558.) SEC. 5. Such assessment may hereafter be made How assessment upon a statement verified by the oath of the person having constant charge of the working of any Mine, and of the yield and product thereof, setting forth the actual amount of such yield, and the product for the year next preceding; and if such tax be not paid when legally demanded, upon the aggregate amount of such statement, it shall be lawful to seize upon the ores and product of such Mines in satisfaction of the same.

SEC. 6. This act shall take effect and be in force from and after its passage.