Powers of

comi'r.

Contractors

of office, and shall file a bond, with sureties, to be approved by the Auditor General, conditioned for the faithful discharge of his duties as such special commissioner: Provided, also, That said commissioner shall receive no pay or compensation for selecting said lands.

Sec. 3. The said special commissioner shall, in virtue of his appointment, have the control and management of the improvement of the road specified in this act, and shall have power to let out by contract the building of any bridges on the said road, and working the same, to the lowest bidder, who shall execute and deliver to said special commissioner a good and sufficient bond, with sureties to be approved by him, and conditioned for the due and faithful performance of the work stipulated in the said contract: Provided, That before the letting, the said commissioner shall advertise for proposals for the constructing any such bridges as may be necessary on the line of said road, and the opening and working of said road, in separate sections, describing the same, by posting up notices in three of the most public places in each of the townships through which such road passes, for at least three weeks previous to the letting of said contracts. Sec. 4. Whenever any contractor, under the preceding section of and work- this act, shall have finished his job according to the terms and specifications of his contract, and the same shall have been accepted by the said special commissioner, or any service shall have been rendered under the provisions of this act, it shall be the duty of said commissioner to pay said contractor, according to the terms of his contract, or for any such service, by his order drawn on the Commissioner of the State Land Office, payable in lands only, which order shall be received at the land office in payment for any lands selected and reserved from sale by the second section of this act: Provided, That nothing herein contained shall authorize the Commissioner of the State Land Office to sell any of said land at a less price than that now established by law for the sale of the internal improvement lands, or a less quantity, in any one certificate of sale, than the usual legal subdivision of said lands: Provided, That said commissioner shall not be authorized to draw warrants for any more lands than are appropriated by this act.

then, how

paid.

Compensa tion of spec

Sec. 5. Such special commissioner shall proceed in the outlay of ial com'r, his the appropriation made by this act, with all the diligence and dispatch

a

by Aud. Gen'l.

compatible with proper economy and the best interest of the state, and acc't audited shall receive for his services a. sum not exceeding one dollar and half per day for the time necessarily employed by him in the discharge of the duties devolved upon him by the provisions of this act, payable from the said appropriation, and shall render to the Anditor General an account of all services by him thus rendered, verified by his oath; thereupon the Auditor General shall issue his warrant to the said special commissioner for the amount of such services, which shall be received by the Commissioner of the Land Office for any of the lands selected and reserved from sale by virtue of section two of this act. Sec. 6. This act shall take effect and be in force from and after its passage.

Approved March 20, 1848.

No. 95.

AN ACT appropriating certain internal improvement lands for opening and improving the road from Corunna to the forks of Bad River.

7000 acres

appropriat'd

on road.

Section 1. Be it enacted by the Senate and House of Representa tives of the State of Michigan, That seven thousand acres of internal int imp. land improvement lands in the lower peninsula of this state be and they are hereby appropriated for the purpose of opening and improving the road leading from Corunna, in the county of Shiawassee, to a point at or near the forks of Bad river, in the county of Saginaw.

Specl com'r

to be ap

Sec. 2. For the purpose of carrying into effect the provisions of this act, the Governor of the state is hereby authorized to appoint a pointed." special commissioner, who may make a selection of the lands hereinbefore appropriated, and report such selection to the Commissioner of the State Land office, who shall thereupon reserve the same from sale, issuing no certificate for any tract or parcel thereof, except upon the order of said special commissioner: Provided, That nothing shall be paid to such special commissioner for making the selection of the lands hereby appropriated.

Sec. 3. The said commissioner shall, by virtue of his appointment, Duties of have the control and management of the improvements in this act com'r.

1

Powers of con'r.

Profile map

to be filed.

Compensat❜n of com'r and

acc't, &c.

specified, and shall have power to let out by contract the opening and improving said road, in such parts or jobs as he may think best, to the lowest bidder, who shall execute and deliver to said commissioner a good and sufficient bond, with sureties, to be approved by him, and conditioned for the faithful performance of the work stipulated in the contract: Provided, That before such letting, the said commissioner shall advertise for proposals for contracting said work, such advertisement to be published for three successive weeks in a newspaper published in the county of Shiawassee, if any newspaper shall be published in said county, and if not, then by posting up written notices of the same in seven of the most public places in said county.

Sec. 4. For the purpose of laying out, opening and improving said road, the said commissioner shall possess the power now conferred by law upon the highway commissioners of the several townships through which said road runs or shall be laid, and for settling and adjusting all claims for damages by persons interested in the lands through which said commissioner may lay said road, he may apply to a justice of the peace of the proper township or an adjoining one, for the appointment of three appraisers, and the same proceedings shall be thereupon had, in all respects, as are now provided by law for the settlement of like cases by highway commissioners.

Sec. 5. The said commissioner shall cause an accurate profile map and field notes of the survey of said road, or so much thereof as may be within the limits of each township and not run upon the line of an established road, to be filed in the office of the proper township clerk, who shall record the same in the manner now provided by law for public highways.

Sec. 6. Said commissioner shall proceed in the outlay of the apaudit of his propriation made by this act with all the diligence and dispatch compatible with proper economy and the best interests of the public, and shall receive for his services a sum not exceeding one dollar and fifty cents per day, and such compensation shall be audited and allowed by the Auditor General, upon a presentation to him of a bill of such services, sworn to be a true bill and account of the services performed by said commissioner, and that the same was necessary in the proper expenditure of said appropriation; and upon the auditing and allowing such bill, the Auditor General shall draw his warrant to said commis

sioner, payable in internal improvement lands, for the amount so audited and allowed, at one dollar and twenty-five cents per acre, which warrant shall be received in the state land office in payment for such lands as may be reserved by this act from sale.

Payment of contractors

Sec. 7. Upon the completion of any job let in pursuance of this act, in payment of the amount stipulated in the contract therefor, and and others. also in payment for any labor procured, or materials purchased by said commissioner, for the purposes contemplated by this act, said commissioner may draw his orders upon the Auditor General for warrants payable in internal improvement lands, reserved in pursuance of this act, which said warrants shall be received in the state land office in payment for any such lands not before sold.

take oath & file bond.

Sec. 8. Said special commissioner, before entering upon the duties of his station, shall take and subscribe the constitutional oath of office, Comm'r to and file a bond with the Auditor General, with sureties, to be approved by him, conditioned for the faithful discharge of his duties as such commissioner.

Sec. 9. In case of a vacancy in the office of said commissioner, by the death, resignation or refusal to act as said commissioner, before the Vacancy. said appropriation shall be expended, it shall be the duty of the Governor to fill such vacancy, and the person appointed to fill such vacancy, shall, before entering upon the duties of his office, take the oath of office and file his bond, as required by this act.

Sec. 10. Said commissioner shall not draw orders for more land than is appropriated and reserved in pusuance of this act.

Sec. 11. This act shall take effect and be in force from and after its passage.

Approved March 21, 1848.

No. 96.

AN ACT making an appropriation for the improvement of the canal and navigation at the river Raisin.

Section 1. Be it enacted by the Senate and House of Representa. tives of the State of Michigan, That there be and hereby is appropriated, out of the internal improvement lands of this state, situate in the lower peninsula, five thousand acres, to aid in improving the na

5000 acres

int. imp. land

appropriat'd

out the river Raisin and canal, in the township and county of

Sec. 2. Full power and authority are hereby vested in the common council of the city of Monroe, to select the lands hereby appropriated, and upon the certificate of the said common council, of the selection of said lands or any portion of them, and of the description thereof, to the Commissioner of the State Land Office, or to the proper officer, such commissioner or officer shall thereupon convey said lands to said common council, for the purposes aforesaid; and whenever the title to said lands shall become vested in said common council, the said common council shall have power and authority to sell and convey the same or any part thereof, and apply the proceeds of such sale to improve the navigation of the river Raisin and canal aforesaid, and for no other purpose: Provided, That no portion of said land shall be sold at a less sum than one dollar and twenty-five cents per acre: And provided further, That before said land or any portion thereof shall be sold, as provided in this section, the common council aforesaid shall cause to be executed to the people of this state, a bond in a sufficient penalty, and with good and sufficient sureties, to be approved by the Auditor General, conditioned for the faithful appropriation and application of said lands, or the proceeds thereof, to the objects specified in the first section of this act; said bond to be filed in the office of the Auditor General within sixty days from the passage of

this act.

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

Approved March 22, 1948.

Canal autho rized.

No. 97.

AN ACT authorizing Alexander McLeod to construct a Canal from the River Cheboygan to Lake Huron.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Alexander McLeod, his heirs and assigns are hereby empowered to construct a canal from the dam built by said Alexander McLeod on said river, to a bay on Lake Huron; the said canal not to exceed two miles in length, to be at least four feet in