compatible with proper economy and the best interest of the state, and shall receive for his services a sum not exceeding two dollars per day for the time necessarily employed by him in the discharge of the duties devolved upon him by virtue of this act, payable pro rata from said appropriation hereinbefore made, and shall render to the Auditor General an account of all services by him thus rendered, verified by his oath.

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

Approved April 3, 1848.

Spec'l.com'r.

No. 288.

AN ACT providing for the appropriation of certain internal improvement lands on the state road leading from Lexington, in the county of St. Clair, to Rogers' Mills, in Lapeer county.

Section 1. Be it enacted by the Senate and House of RepresentaAppropriat'n tives of the State of Michigan, That three thousand acres of the internal improvement lands be, and the same are hereby appropriated for the purpose of constructing a road from the village of Lexington, in the county of St. Clair, to Rogers' Mills, in Lapeer county. 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 special commissioner to make a selection of the lands hereinbefore appropriated, and to 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.

and duties.

Sec. 3. The said special commissioner shall in virtue of his apHis powers pointment, have the control and management of the improvements in this act specified, and shall have power to let out by contract 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 such letting, the said commissioner shall advertise for proposals for constructing said road, or such part thereof as he may deem

proper, in some newspaper published in the county of St. Clair, for three weeks successively, which last publication shall not be more than thirty, nor less than ten days previous to such letting.

Payment of

&c.

Sec. 4. Whenever any contractor, under the preceding section of this act, shall have finished his job according to the terms and specifi- contractors, cations 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 the said commissioner to pay said contractor according to the terms of his contract, or for any such service by his order drawn on the Auditor General for warrants drawn against and payable in internal improvement lands, which warrants shall be receivable at the state land office in payment for any lands selected and reserved from sale by the provi-, sions 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 the internal improvement lands, or a less quantity in any one certificate of sale than the usual legal subdivision of said lands.

Sec. 5. The said special commissioner shall, before entering upon Oath & bond the duties of his office, take and subscribe the constitutional oath of of fice and execute and file a bond to the people of this state in such sum and with such sureties as shall be approved by the Auditor General, conditioned for the faithful discharge of his duties as such special commissioner.

Compensat'n

Sec. 6. Said commissioner shall proceed to the outlay of the appropriation made by this act with all the diligence and dispatch compati- of com'r. ble with proper economy and the best interest of the state, and shall receive for his services a sum not exceeding two dollars 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 pro rata from the said appropriation, and shall render to the Auditor General an account of all services rendered by him by virtue of the provisions of this act, 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 receivable by the Commissioner of the State Land Office for any lands selected and reserved from sale by the provisions of this act.

Sec. 7. This act shall take effect and be in force from and after its

passage.

Approved April 3, 1848.

No. 289.

Com'r to lay

AN ACT to provide for laying out and establishing a state road from Albion to Eaton Rapids, and to make an appropriation for opening and improving the same.

Section 1. Be it enacted by the Senate and House of Representaout state ro'd tives of the State of Michigan, That Jesse Crowell, Marvin Hanna and Samuel Weeks, be and they are hereby authorized and appointed commissioners to lay out and establish a state road from the village of Albion in the county of Calhoun, on the most eligible route to Eaton Rapids, in the county of Eaton.

Duties of com'rs.

Damages.

Sec. 2. It shall be the duty of the commissioners appointed by this act to lay out and establish the said road, to cause a map to be made of so much of the same as shall be laid through each township with the courses and distances plainly designated thereon, which shall be certified by them or a majority of them, and recorded in the office of the township clerk of the township through which it shall run,

Sec. 3. The owners of land through which said road may pass, shall be entitled to an appraisal and assessment of damages, and to compensation therefor in the same manner in every respect as if such road was laid out by highway commissioners of the township through which the same may run,

State not lia- Sec. 4. The state shall in no way be liable for the expenses of laying out said road.

ble.

Appropriat'n

Spec'i com'r

Sec. 5. For the purpose of opening and [improving] said road, two thousand acres of internal improvement lands in the lower peninsula of this state be and the same is hereby appropriated, to be expended between Duck Lake and Eaton Rapids.

Sec. 6. For the purpose of carrying into effect the provisions of this act, the Governor of the State is hereby authorized to appoint a special commissioner to make a selection of the lands herein before appropriated, and to 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 the said special commissioner.

His powers

Sec. 7. The said commissioner shall by virtue of his appointment have the control and management of the improvements in this act specified, and shall have power to let out by contract the opening and and duties. 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 Calhoun.

&c.'

Sec. 8. Said commissioner shall proceed in the outlay of the ap compensat'n 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 service sworn to be a true bill and account of the service 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 commissioner, 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 any such lands as may be reserved by this act from sale, not otherwise appropriated. Sec. 9. Upon the completion of any job let in pursuance of this act, Payment of in payment of the amount stipulated in the contract therefor, and also &c. 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.

Sec. 10. Said special commissioner, before entering upon the duties

contractors

of his station, shall take and subscribe the constitutional oath of office, Oath & bond

Vacancy.

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. 11. In case of a vacancy in the office of said commissioner, by the death, resignation or refusal to act as such commissioner, before the said appropriation shall be expended, it shall be the duty of 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, file his bond and perform all the duties of the commissioner authorized and required by this act.

Sec. 12. Said commissioner shall not draw orders for more land than is appropriated and reserved in pursuance of this act.

Sec. 13. This act shall take effect and be in force from and after its passage.

Approved April 3, 1848.

Appropriat❜n

Spec'lcom'r.

His powers

No. 290.

AN ACT appropriating certain internal improvement lands for the improvement of the road from Mason, in the county of Ingham, to Dexter, in the county of Washtenaw.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That three thousand acres of internal improvement lands be and the same are hereby appropriated for the improvement of the road from Mason, in the county of Ingham, to Dexter, in the county of Washtenaw; two thousand acres to be laid out on the road from Mason to Stockbridge, and one thousand acres on the road from Stockbridge to Dexter.

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 special commissioner, who shall take and subscribe the constitutional oath 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 commissioner, before entering thereon.

Sec. 3. The said special commissioner shall by virtue of his apand duties. pointment, have the control and management of the improvement contemplated in this act, and shall have power to superintend the same in