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of the erection or continuing said dam, and the legislature may at any time hereafter, alter, amend or repeal this act.

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

Approved February 19, 1848.

No. 44.
AN ACT to incorporate the Olivet Institute.

Olivet insti

rated

Trueteen to

maintain lite

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That James Douglass, Carlow Reed, Oramel Hosford, Wm. Hosford, Enoch N. Bartlett, John G. Barns, tute incorpo Chas. M. Bordwell and Wilson C. Esdell, of the county of Eaton, together with such other persons as may be associated with them and their successors, for that purpose, shall be and they are hereby constituted a body politic and corporate, by the name and style of the Olivet Institute, subject to the provisions relating to corporations, contained in chapter fifty-five of the revised statutes of eighteen hundred and forty-six, and such amendments thereof as may from time to time be made by the legislature.

Sec. 2. The trustees shall have power, and they are hereby authorized to establish in the township of Walton, in the county of Eaton, establish and an institution for the instruction of young persons, in ancient or mo-rary institute dern languages or literature, and the arts and sciences; and shall faithfully apply all funds, received by them for that purpose, by subscription, bequest or otherwise, in providing suitable buildings, employing professors and teachers, procuring books, maps, philosophical and other apparatus, necessary or proper for the successful prosecution of study in said institution.

Sec. 3. Said board of trustees shall be, in law, capable of acquiring and holding, by purchase, gift, grant, devise or bequest, or otherwise and of selling, conveying or leasing any estate, real, personal or mised, liabilities of in value not exceeding the sum of twenty-five thousand dollars, for the use of said corporation, and no other, and shall be held liable for all debts as partners in trade, after the corporate property shall have been exhausted.

&c.

Powers and

Sup of pub inst to visit

Sec. 4. The institution shall be subject to visitation, at any time, by institution. the Superintendent of Public Instruction, and the trustees shall annu

ally, on or before the 20th day of October, in each year, make to the Superintendent a full report of the literary and pecuniary condition of said institution.

Sec. 5. This act shall take effect and be in force from and after its passage.

Approved February 22, 1848.

No. 45.

AN ACT to amend the Charter of the City of Detroit.

Apscesors to return Lists of jurymen.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That in all cases where a jury may be required by the common council of Detroit, the same shall be obtained in the following manner :

Sec. 2. The common council may, at any time, not oftener than once a year, direct the assessors of their several wards or districts to select from their respective assessment rolls as last prepared, a list of the names of two hundred persons who are legally qualified voters and residents of the city of Detroit, and return the same to the common council, to serve as jurors in all cases required as aforesaid, which said returns shall be signed by said assessors respectively, and filed with the city clerk.

Sec. 3. When such returns are all made as above provided, the city Duty of city

clerk shall write the names of said persons so selected on separate strips of paper, and deposite and preserve the same in a jury box, to be kept for that purpose ; and such persons so returned shall be liable to serve for the period of at least one year, and until another return shall be made in the manner aforesaid, under the direction of the common council.

Sec. 4. Whenever a jury shall be required at a sitting of the Mayshall be eum-or's court, the city attorney shall notify the clerk of the same, who

shall forthwith, in the presence of the presiding officer of the court, and the marsha!, proceed to draw from said jury box the names of twelve persons who shall serve as such jurors, and the clerk shall immediate

clerk,

How jury

moned.

ly make out a venire facias, commanding the city marshal or any city constable, to summon the parties so drawn to attend the session of said court, and not depart the same until discharged, under such penalty, not exceeding ten dollars, as the court may impose ; and in case of a default in the attendance of such jurors, or in case the number in attendance be reduced by challenge, (the right to which is hereby extended to the parties as in circuit courts,) the said Mayor's court shall have the power to direct the summoning of talesmen, who shall be subject, in case of default, to the penalty in this section provided.

Sec. 5. Whenever the common council shall propose either to close, vacate, lay out, establish, open, make, widen, or in any manner alter Juries on lay.

ing out any public street, lane or alley, highway water course or bridge, it streets, &c. shall, by resolution, order a jury to be drawn for that purpose from the aforesaid box, by the city clerk, in the presence of the mayor and recorder, and shall also give reasonable notice of the time, place and object of drawing said jury, to all persons whose property may be injuriously affected by the proposed measure. In the absence of either the mayor or recorder, from any cause, it shall and may be lawful for any one of the aldermen to attend the drawing of such jury, and to officiate in place of such absentee, in all respects, according to the provisions hereof. Sec. 6. The clerk shall then draw from said jury box the names of

Duty of city eighteen disinterested persons, and any person whose property may clerk. be injuriously affected by the proposed measure may object to the name of any person who shall be drawn, on the ground of interest, and the mayor and recorder shall immediately try and summarily determine the question whether such person is interested or not.

Sec. 7. The clerk shall then make out a list of said eighteen persons and give the same to the city marshal, and shall summon any twelve of the same who can be found to attend forthwith before the city clerk; and said twelve persons shall be empannelled by said clerk as a jury, and be by him sworn well and truly to inquire whether the public convenience and advantage require the thing to be done ; and if they find in the affirmntive, then to enquire what damages, if any, the same will work to any owner or owners, occupier or occupiers of any premises to be affected thereby, and to assess the same, specifying the damages to every distinct piece of property so affected.

Ibid.

Verdict of jury.

When com. council to

ry.

Sec. 6. The jury shall then, under the direction of the city marshal, go to the premises where the proposed improvement is to be made, and view the same, and there determine upon the matters required by their oaths aforesaid, and give their verdict in writing, which shall be delivered to the city clerk, filed in his office and recorded by him in the records of the common council ; and the said marshal shall not allow said jury to separate nor privately hold conversation with any person until they shall have delivered their verdict to the city clerk.

Sec. 9. In case the mayor or recorder shall be satisfied that such juNew jury.

ry cannot agree, he may discharge them, and a new jury may then be ordered by the common council as aforesaid.

Sec. 10. The damages, if any shall be awarded by said jury, shall Damages to be paid to be paid to the city clerk for the benefit of the persons entitled thereto, city clerk.

within thirty days after the verdict of the jury shall be returned, and recorded in the records of the common council.

Sec. 11. If the verdict of the jury shall be in favor of the proposed proceed on

improvement, after said verdict shall have been recorded as aforesaid, verdict of ju

and after the damages which may have been awarded shall have been duly paid, the common council may direct the contemplated improvement or alteration to be made agreeably to the finding of the jury, in

such manner as said council shall think proper. Appeal from

Sec. 12. Any person whose property is affected by such proceedof jury. offeerment Sings, and who is aggrieved thereby, may appeal to the circuit court of

the county of Wayne, by filing a written notice of appeal, and a specification of the alleged error or errors in the proceedings, with the city clerk within five days after the verdict of the jury shall have been rendered, and it shall be the duty of the city clerk, within thirty days after the filing of such notice and specification, to certify fully all the proceedings in the case to the said circuit court : Provided however, that on such appeal nothing but the regularity of the proceedings shall be inquired into, and that such proposed improvement or alteration shall in no manner be stayed by such appeal.

Sec. 13. The circuit court may, on such appeal, affirm or reverse

the proceedings, and award costs in such manner as they shall deem Proceeding appeal.

proper, but no reversal shall be granted for matter of form only, and in case of any error in matter of substance, the said erroneous proceeding and all proceedings subsequent thereto shall be reversed and set aside;

recommence

&c.

and thereupon the common council of the city may recommence at the last regular proceeding, and continue the same as herein provided for original proceedings: Provided, That the same may be so varied that the proceedings shall have reference only to the rights and interests of the appellant or appellants.

Sec. 14. After an appeal has been taken, and specification of er- Council may rors filed as above provided, if the common council shall be satisfied ceeding, and that there has been error in any of the proceedings, it shall be lawful for them within twenty days after said appeal, to set aside proceedings in the same manner as is above provided in respect to the circuit court, and recommence proceedings as above provided; and in such case no further proceedings shall be had on the appeal ; but a new appeal may be taken in all cases on renewed proceedings, in the same manner and with the same effect as on the original proceedings. Sec. 15. If the property of several persons is affected by the pro

Appellant posed measure, the proceedings, if erroneous, shall be considered as

only entitled

to reversal, reversed only in regard to the person or persons making the appeal, and no appellant, pending the appeal, shall be entitled to any money paid to the city clerk for his damages, and in case the proceedings are sustained, all costs awarded against the appellant shall be deducted from said damages, and the balance only paid to the appellant.

Sec. 16. The common council shall have full power to prescribe Fees the fees to be paid to the jurors and other officers for their services under the foregoing provisions.

Sec. 17. The mayor, recorder and aldermen of the city of Detroit are hereby authorized to divide the city of Detroit into three districts districts. for the purposes of assessment. The first district to be composed of the first and second wards; the second district of the third, fourth and seventh wards; and the third district of the fifth and sixth wards; and the common conncil of said city may hereafter divide the said city into such assessment districts as may become necessary.

Sec. 18. There shall be chosen at the charter election for the year eighteen hundred and forty-nine, by the electors of the city of Detroit, one assessor for each of said districts, and for the following periods to wit: the assessor for the first district shall be elected and hold his office for the term of one year; the assessor for the second district, for the term of two years, and the assessor for the third district, for the term of three

Assessment

Assessors.

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