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7th ward to

shall perform all the duties of assessor of and in said ward, which are required of a ward assessor, or of the two assessors in a district in said city, as provided by statute. And he shall meet with the other assessors to review the rolls. The assessor so appointed shall hold his office until the second Monday in April next.

Sec. 7. At the first charter election in said seventh ward, and an- Assessor of nually thereafter, there shall be elected by the electors, one assessor be elected

annually. for said ward, who shall perform all the duties of assessor therein and thereof. The assessor elected at the first election, shall commence the duties of his office on the second Monday of April next, and remain in office until his successor is elected and qualified.

Sec. 8. This act shall take effect from and after its passage.
Approved February 8, 1848.

No. 36.

ized.

AN ACT authorizing John A. Brooks to build a dam across the

Muskegon river, in the county of Newaygo. Section 1. Be it enacted by the Senate and House of Representa- Damauthor. tives of the State of Michigan, That John A. Brooks, his heirs and assigns, are hereby authorized and empowered to build a dam across the Muskegon river, on section nineteen, in town twelve, north of range twelve west. Sec. 2. That the said dam shall not exceed eight feet above common Description

of dam,lock, low water mark, and shall contain a convenient lock for the passage &c. of all boats, barges, rafts or other water craft that may navigate said river, and shall be so constructed as to receive such boats and other water craft, in slack water of sufficient depth, below said dam, and to pass them to slack water of sufficient depth, above said dam, for all the purposes of the navigation of said river at all times ; and, also, a good and sufficient shute for the passage up and down said river of fish, at all times during the season of high waters.

Sec. 3. It shall be the duty of the owners of said dam, at all times, to keep said lock in repair, and to pass any water craft through the owners, &c. said lock, free of toll, and without unnecessary delay; and any person who shall be so detained, shall be entitled to recover of the said owners the damages which he shall prove he has sustained by such detention, before any court of competent jurisdiction, with the costs of suit.

Duties of

dividuals re

Injuries to dam punish

Sec. 4. Any person who shall wilfully or maliciously destroy or able. injure the said lock or dam, shall be deemed guilty of a misdemeanor,

and on conviction thereof, be punished by fine and imprisonment, in

the discretion of the court. Rights of in Sec. 5. Nothing herein contained shall authorize the individual

named in the first section of this act, his heirs or assigns, to enter upon .served, &c.

or flow, or otherwise injure the land of any person or persons, without the consent of such person or persons, and the Legislature may at any time hereafter, alter, amend or repeal this act.

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

Approved February 11, 1848.

No. 37.

Duties of

State.

AN ACT to provide for recording the evidences of the approval by

the general government of the selections of lands made by this State under act of Congress, and for other purposes.

Section 1. Be it enacted by the Senate and House of RepresentaSecretary of

tives of the State of Michigan, That the certificates of the Secretary of the Treasury of the United States of his approval or the certificates and letters of the commissioner of the general land office of the United States, of the approval by the Secretary of the Treasury of the selection of any lands heretofore granted, or which hereafter may be granted by the Congress of the United States to this State, and which certificates and letters have been or hereafter may be received by the Secretary of the State, shall, together with their accompanying lists or descriptions of land, be recorded by him in a book kept for that purpose.

Sec. 2. Such record or a transcript thereof, certified by the Secretary of State, under his seal of office, shall be received in any court of this State, as evidence of title in the State, to any of the lands therein mentioned.

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

Approved February 11, 1848.

Record made to be evidence.

No. 38.
AN ACT requiring compensation for causing death by wrongful act,

neglect or default.

Section 1. Be it enacted by the Senate and House of Representa- Cause of ac

tion defined. tires of the State of Michigan, Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, (if death had not ensued,) have entitled the party injured to maintain an action, and recover damages, in respect thereof, then and in every such case, the person who, or the corporation which would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.

Sec. 2. Every such action shall be brought by, and in the names of the personal representatives of such deceased person, and the amount suit is to be recovered in every such action shall be for the exclusive benefit of whose bene the widow and next of kin of such deceased person, and shall be dis- sure of dam· tributed to such widow and next of kin in the proportions provided by law in relation to the distribution of personal property, left by persons dying intestate ; and in every such action, the jury may give such damages as they shall deem fair and just, with reference to the pecuniarý injury resulting from such death, to the wife and next of kin of such deceased person.

Approved February 12, 1848.

By whom

ages.

No. 39.
AN ACT authorizing the Board of Supervisors of Wayne county to

levy a special tax for defraying the expenses of erecting a jail in
and for said county.

Board of au. ditors to re

Section 1. Be it enacted by the Senate and House of Representatires of the State of Michigan, That the Board of Auditors of the county of Wayne, in making their report to the Board of Supervisors partenerunt in said county for the year eighteen hundred and forty-eight, shall in- andendbee.

expended clude in the amount of tax necessary to be raised therein for county purposes, the amount actually expended and necessary to be expended in the completion of, and for defraying the expenses incurred by the recent erection of a jail in and for said county.

Arcant au. thorized.

ted.

Sec. 2. The Board of Supervisors of the county of Wayne are hereby authorized to raise a sum not exceeding nine thousand dollars by a tax upon the taxable property in said county, in addition to the sum necessary for the ordinary county tax, which said sum shall be

levied and collected at the same time, in the same manner, and together How collec- with the other county tax for the year eighteen hundred and forty

eight, without giving the notice required in section ten of chapter fourteen, of the Revised Statutes, and when so collected, the said sum of nine thousand dollars shall be applied in payment of the new jail erected as aforesaid

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

Approved February 12, 1848.

No. 40.

AN ACT appropriating certain internal improvement lands for the

purpose of constructing bridges across Muskegon river, in the counly of Newaygo, and for laying out, establishing, and improving a road from Newago, in the county of Newaygo, to Grand Rapids, in the county of Kent.

1,000 acres

2.000 acres

roads.

Section 1. Be it enacted by the Senate and House of Representaappropria tives of the State of Michigan, That one thousand acres of internal bridge. improvement lands be, and the same are hereby appropriated for the

purpose of constructing a good and substantial free bridge across the Muskegon river, in the county of Newaygo, on section nineteen, (19,) in town twelve, (12,) north range twelve west.

Sec. 2. In addition to the above, two thousand acres are hereby apfor certain propriated from the internal improvement lands belonging to the State

for the purpose of laying out, opening and improving a State road from Newaygo, in the county of Newaygo, to the village of Grand

Rapids, in the county of Kent. Description

Sec. 3. The State road contemplated in the preceding section of this act, shall commence at the bridge to be constructed on said section nineteen, (19,) as mentioned in the first section of this act, running thence south, on the town and county lines, (as near as may be, having reference to the nature of the ground and practicability for constructing a road thereon,) between the counties of Oattawa and

of line of road, &c.

Comm's du

Kent, twenty-four miles, to section nineteen, (19,) in town eight, north of range twelve west, thence to the village of Grand Rapids, in the county of Kent, on the most feasible route. Sec. 4. For the purpose of carrying the provisions of this act into Gov.to ap:

point special effect, the Governor of this State is hereby authorized to appoint a commissiner special commissioner, to make a selection of the lands hereinbefore appropriated, but said commissioner shall not make any selections in less parcels than eighty acres in any one place, and to report such selections to the commissioner of the State land office, who shall thereupon reserve the same from sale, issuing no certificate for any tract ties, &e. or parcel thereof, except upon the order of said special commissioner: Prorided, That the said special commissioner shall first take and subscribe the constitutional oath of office, and shall file a bond, with sure. ties to be approved by the Auditor General, conditioned for the faithful discharge of his duties as such commissioner.

Sec. 5. The said special commissioner shall, in virtue of his ap- Ibid. pointment, have the control and management of the several improve. ments specified in this act, and shall have power to let out by contract the building of said bridge, and the opening and working of said road, 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 due and faithful performance of the work stipulated in the contract : Provided, That before the said letting, the said commissioner shall advertise for proposals for constructing said bridge and road, or either of them, or any part of said road, in separate sections, describing the same, such advertisement to be published four successive weeks in a newspaper published at Grand Rapids. Sec. 6. Whenever any contractor, under the preceding section of

Contractors, this act, shall have finished his job, according to the terms and specifi- how paid. cations of his contract, and the same shall have been accepted by said special commissioner, or any services shall have been rendered under the provisions of this act, it shall be the duty of said special commissioner to pay said contractor according to the terms of such contract, or for any such services, by his order drawn on the commissioner of the State land office, which order shall be received at the land office in payment for any lands selected and reserved from sale by the fourth section of this act : Provided, That nothing herein contained shall authorize the commissioner of the State land office to sell any of said lands at a less price than that now established by law for the sale of

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